Minutes 10-6-2004Page 1 of 12
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, October 6, 2004 - 3:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Mary Erickson - 651- 266 -8565
Office of the City Council
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Suspension Items
Present - 7 - Benanav, Bostrom, Harris, Helgen, Lantry, Montgomery, Thune
Absent - 0
CONSENT AGENDA (Items 1 - 34)
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 COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1.Claims of Deanna Forliti, Charles Herbst, Daniel Johnson, M. J. Norman, Marjorie Roos, Cathy
Smithknecht, Nathaniel Stewart, Steven Vennemann and Chun Xia.
Referred to Risk Management
2.Summons and Complaint in the matter of Twin City Habitat for Humanity, Inc. v. the Housing and
Redevelopment Authority of the City of St. Paul, et al.
Referred to the City Attorney's Office
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3.Notice of Filing of Order in the matter of the City of Saint Paul vs. Hillcrest Shopping Center, LLC, et
al. to acquire permanent easements for right -of -way and temporary construction easements to improve
White Bear Avenue (from Hoyt Avenue to Larpenteur Avenue).
Referred to the City Attorney's Office
4.Letter from the Office of the City Attorney announcing a public hearing before the City Council on
October 27, 2004 to consider adverse action against all licenses held by Twin Star VFW Post 8854, 820
Concordia Avenue.
5.Letter from the Office of the City Attorney announcing a public hearing before the City Council on
December 1, 2004 to consider the report of the Administrative Law Judge concerning all licenses held by
M. Reaney, Inc., d/b /a Reaney's Bar, 870 Payne Avenue.
6.Letters from the Department of Neighborhood Housing & Property Improvement declaring 366 Erie
Street, 705 Farrington Street, 946 -1/2 Fuller Avenue, and 907 St. Anthony Avenue as nuisance properties
and setting date of Legislative Hearings for October 12, 2004 and City Council Hearings for October 27,
2004.
7.Letters from the Department of Neighborhood Housing & Property Improvement declaring 475
Beaumont Street, 801 Sims Avenue, 129 Sycamore Street West, and 697 Virginia Street as nuisance
properties. (For notification purpose only; public hearings will be scheduled at a later date if necessary.)
8. Administrative Orders:
D002434Using 2004 CIB Capital Maintenance Emergency Contingency funds to replace the Animal
Control Building's air compressor.
D00243 5 Authorizing the Police Department to remit payment for travel, not to exceed $1,500.00, for a
non -city employee to attend the National Association of Civilian Oversight of Law Enforcement
(NACOLE) annual conference in Chicago, Illinois from October 17 -20, 2004.
Noted as on file in the City Clerk's Office
FOR ACTION
9.Resolution - 04 -932 - Naming a new street on Saint Paul's East Side after the late Councilmember Karl
Neid.
AdoptedYeas - 7Nays - 0
10.Resolution - 04 -933 - Approving the August 24, 2004 decisions of the Legislative Hearing Officer on
Appeals for Letters of Deficiency, Correction Notices and Correction Orders for the following addresses:
870 Payne Avenue, 396 Burgess Street, 994 Virginia Street and 2118 Grand Avenue.
AdoptedYeas - 7Nays - 0
I l Resolution - 04 -934 - Approving the decisions of the Legislative Hearing Officer on Appeals for
Letters of Deficiency, Correction Notices and Correction Orders for the following addresses: 1735
Dayton Avenue, 1144 Minneahaha Avenue East, 1008 Farrington Street, 377 Toronto Street and 380
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Seventh Street West.
AdoptedYeas - 7Nays - 0
12.Resolution - 04 -935 - Approving $135,000 of Neighborhood STAR funds for 1170 Arcade Street
(vacant commercial site) Arcade Rose Revitalization Project.
AdoptedYeas - 7Nays - 0
13.Resolution - 04 -936 - Approving $302,616 of STAR funds for Vertical Endeavors to be used to
remove soil contamination at 835 Arcade Street.
Laid over to October 13Yeas - 7Nays - 0
14.Resolution - 04 -937 - Authorizing the Police Department to enter into an agreement with the United
States Department of Justice in order to participate in the Organized Crime Drug Enforcement Task
Force.
AdoptedYeas - 7Nays - 0
15.Resolution - 04 -938 - Accepting a grant in the amount of $87,000 from the Metropolitan Council Tax
Base Revitalization Program for the Crane Ordway Building Project.
AdoptedYeas - 7Nays - 0
16.Resolution - 04 -939 - Accepting a 14 foot by 40 foot "Saint Paul" sign from Saint Paul Travelers
(formerly Saint Paul Companies) which had been located on the top of their headquarters building.
AdoptedYeas - 7Nays - 0
17.Resolution - 04 -940 - Accepting a grant in the amount of $217,855 from the Corporation for National
and Community Service to provide up to 15 AmeriCorps VISTA members for the Capitol City Education
Initiative.
AdoptedYeas - 7Nays - 0
18.Resolution - 04 -941 - Accepting a grant through 2005 in the amount of $135,500 from
ServeMinnesota for the Capitol City Education Initiative to improve the reading level of young students
in order to achieve the benchmark of reading at grade level by third grade.
AdoptedYeas - 7Nays - 0
19.Resolution - 04 -942 - Accepting a grant in the amount of $74,000 from ServeMinnesota for the
Capitol City Education Initiative to improve the reading level of young students in order to achieve the
benchmark of reading at grade level by third grade.
AdoptedYeas - 7Nays - 0
20.Resolution - 04 -943 - Approving payment in the amount of $12,000 in full settlement of the claim of
Kailan Smith vs. Mamie Singleton.
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AdoptedYeas - 7Nays - 0
21.Resolution - 04 -944 - Approving the settlement with Sinclair Oil Corporation and authorizing City
employees to take the necessary actions to prepare the proper documentation and complete the settlement.
AdoptedYeas - 7Nays - 0
22.Resolution - 04 -945 - Authorizing the establishment of a vendor outreach working capital program
with the Selby Area CDC and Women Venture and setting forth the appropriate budget authority.
AdoptedYeas - 7Nays - 0
23.Resolution - 04 -946 - Authorizing two Saint Paul Animal Control Officers to accept scholarships to
attend "The Humane Strategic Summit" on October 28 and 29, 2004 in Minneapolis.
AdoptedYeas - 7Nays - 0
24.Resolution - 04 -947 - Memorializing City Council action taken June 23, 2004 granting the appeal,
with conditions, of Glenn Picha to a decision of the Board of Zoning Appeals denying a request to
modify a condition of a previous variance in order to widen a curb cut at 1719 Field Avenue.
AdoptedYeas - 7Nays - 0
25.Resolution - 04 -948 - Memorializing City Council action taken August 11, 2004 denying the appeal of
Annette Sorensen, et al. to a decision of the Board of Zoning Appeals granting several variances in order
to construct a 44 -unit senior cooperative building at 570 Asbury Street.
AdoptedYeas - 7Nays - 0
26.Resolution - 04 -949 - Establishing Residential Street Vitality Program assessment rates for 2005.
AdoptedYeas - 7Nays - 0
27.Resolution - 04 -950 - Accepting the terms of the Metropolitan Council Environmental Services
(MCES) resolution detailing the reimbursement to the City of overcharges for the treatment of sanitary
waste in the amount of $5,655.852.
AdoptedYeas - 7Nays - 0
28. Resolution - 04 -951- Requesting state participation in the construction of a traffic signal at State
Trunk Highway 51 (Snelling Avenue) at Saint Anthony and Concordia Avenues.
AdoptedYeas - 7Nays - 0
29. Resolution - 04 -952 - Setting a public hearing date of November 3, 2004 for 2005 water rates.
AdoptedYeas - 7Nays - 0
30.Resolution - 04 -953 - Approving a temporary permit allowing the State of Minnesota to construct I-
35E highway and utility improvements within the Board of Water Commissioners Vadnais Conduit right-
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of -way in Little Canada.
AdoptedYeas - 7Nays - 0
31.Resolution - 04 -954 - Approving a temporary permit allowing the State of Minnesota to construct I-
694 highway and utility improvements within the Board of Water Commissioners Vadnais Conduit right -
of -way in Little Canada.
AdoptedYeas - 7Nays - 0
32.Resolution - 04 -955 - Approving a temporary permit allowing the State of Minnesota to construct an
outlet pipe to restore suitable drainage from the West Arm of Vadnais Lake in Little Canada.
AdoptedYeas - 7Nays - 0
33.Resolution - 04 -956 - Correcting the assessment amount for the property at 321 Burgess Street.
AdoptedYeas - 7Nays - 0
34.Preliminary Order - 04 -957 - In the matter of acquiring the property rights needed for right of way
purposes and temporary construction easements to improve White Bear Avenue from Reaney Avenue to
Beech Street, and setting date of public hearing for October 27, 2004.
AdoptedYeas - 7Nays - 0
FOR DISCUSSION
35.Resolution - 04 -958 - Honoring Hamline University on its 150th Anniversary and its contributions to
the City of Saint Paul.
AdoptedYeas - 7Nays - 0
36.Resolution - 04 -840 - Extending the compliance date one year to August 1, 2005 for code provisions
relating to the approved hood and duct ventilation above the small kitchen fryer at Forepaugh's
Restaurant, 276 Exchange Street.
(Adopted September 1; recalled and laid over September 8; laid over September 15)
Withdrawn
37.Resolution - 04 -897 - Amending the spending and financing plans of the 2004 Maryland Avenue
Bridge and the 2002, 2003, and 2004 MSA Contingency projects by transferring MSA funding to the
White Bear Avenue at 7th Street intersection improvement project. (Laid over from September 22)
Laid over to November 3 Yeas - 7 Nays - 0
38.Consideration of the appeal of Mark Voerding, et al. to a decision of the Board of Zoning Appeals
granting several variances in order to construct a second principle building on the lot at 449 Portland
Avenue. (Public hearing held August 4; laid over from August 25)
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Laid over to October 27 Yeas - 7Nays - 0
39.Consideration of the appeal of Tom Holman to a decision of the Board of Zoning Appeals upholding
the approval of a building permit to remodel the six unit apartment buildings at 95 -97 Langford Park.
(Public hearing held and laid over from September 22)
Motion of Intent - Appeal split - part approved, part denied
Yeas - 7Nays - 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 DAYSAFTER PUBLICATIONIN THE SAINT PAUL LEGAL LEDGER.
40.Third Reading - 04 -884 - An ordinance memorializing City Council action granting the application of
Michlitsch Builders, Inc. to rezone property from B -2 (Community Business) and P -1 (Parking) to TN2
(Traditional Neighborhood) for residential or mixed use development at 800 and 806 East Third Street.
(Public hearing held July 28)
Laid over to October 13 for final adoption
41.First Reading - 04 -959 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code to
increase annual elevator inspection fees 25 %.
Laid over to October 13 for second reading
42.First Reading - 04 -960 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code to
increase the fees from $14.00 to $16.00 for boarding animals at the Animal Control Center.
Laid over to October 13 for second reading
43.First Reading - 04 -961 - An ordinance amending Chapter 310.18 of the Saint Paul Legislative Code to
increase certain license fees and to add license and environmental plan review fees for two new K -12
school food service licenses.
Laid over to October 13 for second reading
44.First Reading - 04 -962 - An ordinance amending Chapter 331A of the Saint Paul Legislative Code to
change the definition of a Food - Institutional facility and to create two license types specifically to
address food service facilities at K -12 schools.
Laid over to October 13 for second reading
PUBLIC HEARINGS
45.Resolution - 04 -963 - Approving the petition of the City of St. Paul to vacate and release the City's
ownership in property residing between 1748 and 1758 Maryland Avenue East in order to develop the
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property with new homes at the corner of Maryland and White Bear Avenues.
AdoptedYeas - 7Nays - 0
46.Resolution - 04 -964 - Ratifying the 2004 Right -of -Way Maintenance Assessment Program.
Substitute Introduced and Adopted
Yeas - 6Nays - 1 (Benanav)
47.Resolution - 04 -965 - Denying the application for renewal of a Taxicab Driver's License by Joseph C.
Huber.
Withdrawn
48.Resolution - 04 -966 - Authorizing adverse action against the Auto Repair and Auto Body Shop
licenses held by Mohammed Shams Eshmawy, d /b /a East Lake Auto, 2121 University Avenue.
Adopted as amended Yeas - 7Nays - 0
49.Resolution - 04 -967 - Suspending all licenses held by BKS, Inc. d/b /a Benjamin's Restaurant and
Lounge, 111 East Kellogg Boulevard, Suite 150, for 10 days due to a lapse in liquor liability insurance
from July 16, 2004 through August 3, 2004.
AdoptedYeas - 7Nays - 0
50.Resolution Ratifying Assessment - 04 -924 - In the matter of the assessment of benefits, cost and
expenses for Smedley's Addition Block 1 (bounded by Curtice, Sidney, Brown and Andrew). (File No.
18978) (Laid over from September 22)
AdoptedYeas - 7Nays - 0
51.Resolution Ratifying Assessment - 04 -968 - In the matter of the assessment of benefits, cost and
expenses for the Case /Ruth Area Street Paving and Lighting Project. (File No. 18997)
Laid over to October 20 Yeas - 7Nays - 0
52.Resolution Ratifying Assessment - 04 -969 - In the matter of the assessment of benefits, cost and
expenses for the Davern/Bayard Area Street Paving and Lighting Project. (File No. 18998)
AdoptedYeas - 6Nays - 0 (Thune not present for vote)
53.Resolution Ratifying Assessment - 04 -970 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction on the south side of East Fourth Street from Wacouta Street to Wall
Street at 270 East Fourth Street only. (File No. 503003).
AdoptedYeas - 6Nays - 0 (Thune not present for vote)
54.Resolution Ratifying Assessment - 04 -971 - In the matter of the assessment of benefits, cost and
expenses for installation of a Fire Protection System at 180 East Fifth Street (First Trust Center) for Floor
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12. (File No. FP2003 -01D)
AdoptedYeas - 6Nays - 0 (Thune not present for vote)
55.Resolution Ratifying Assessment - 04 -972 - In the matter of the assessment of benefits, cost and
expenses for the demolition of a vacant building (garage) at 1854 Benson Avenue during July 2004. (File
No. J0404C)
Laid over to November 3 Yeas - 7Nays - 0
56.Resolution Ratifying Assessment - 04 -973 - In the matter of the assessment of benefits, cost and
expenses for replacement of lead water service connections for 2003 and 2004. (File No. 04LDSCRPL)
AdoptedYeas - 7Nays - 0
57.Resolution Ratifying Assessment - 04 -974 - In the matter of the assessment of benefits, cost and
expenses for tenant action rehabilitation for property at 786 Aurora Avenue. (File No. TR0402)
AdoptedYeas - 7Nays - 0
58.Resolution Ratifying Assessment - 04 -975 - In the matter of the assessment of benefits, cost and
expenses for towing abandoned vehicles from private property during January, February, March and
April 2003. (File No. J0303V) (Legislative Hearing Officer recommends the following:
707 Maryland Avenue East (J0305V) - delete the assessment;
751 Ashland Avenue - laying over to the October 12, 2004 Legislative Hearings and the October 27,
2004 City Council Hearings;
639 Blair Avenue - approval;
1168 Bush Avenue - approval and spread the payment over three years;
973 Conway Street - approval;901 Fifth Street East - approval;
1447 Hague Avenue - recommendation is forthcoming approval and spread the payment over three years;
1176 Reaney Avenue - approval;
876 Rice Street - approval;
829 Third Street East - spread the payment over five years;
503 Lafond Avenue - laying over to the October 12, 2004 Legislative
Hearings and the October 27, 2004 City Council Hearings;
751 Ashland Avenue - laying over to the October 12, 2004 Legislative Hearings and the October 27,
2004 City Council Hearings;
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2204 Seventh Street West - approval lay over to the October 12 Legislative Hearings and the October 27
City Council Hearings;
114 Winnipeg Avenue - approval)
The following address was added:
1956 Fifth Street East - Laid over to the October 12, Legislative Hearings and the October 27 City
Council Hearings.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas - 7Nays - 0
59.Resolution - 04 -925 - Ordering the owner to remove or repair the building(s) at 1040 Jessie Street
within fifteen (15) days from adoption of resolution. (Laid over from September 22) (Legislative Hearing
Officer recommends laying over to the October 12, 2004 Legislative Hearings and the October 27, 2004
City Council Hearings)
Public hearing held, closed, and laid over to October 27
Yeas - 7Nays - 0
60.Resolution - 04 -926 - Ordering the owner to remove or repair the building(s) at 640 Minnehaha
Avenue West Street within fifteen (15) days from adoption of resolution. (Laid over from September 22)
(Legislative Hearing Officer's recommendation is forthcoming) (Legislative Hearing Officer
recommends laying over to the October 12 Legislative Hearings and the October 27 City Council
Hearings)
Public hearing held, closed, and laid over to October 27
Yeas - 7Nays - 0
61.Resolution Ratifying Assessment - 04 -976 - In the matter of the assessment of benefits, costs and
expenses for excessive consumption of inspection services for May, June and part of April 2004
(J0403E), and property clean -up in June 2004 (J0405A) (Legislative Hearing Officer recommends the
following:
600 Arlington Avenue East (J0403E) - delete the assessment;
381 Case Avenue (J0403E) - approval;
820 Fifth Street East (J0403E) - delete the assessment;
225 Baker Street East (J0403E) - delete the assessment;
1151 Beech Street (J0403E) - delete the assessment;
955 Geranium Avenue East (J0405A) - approval;
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1175 Ross Avenue (J0405A) - reducing the assessment from a total of $333 to a total of $166.50)
Adopted as amended (per the recommendation of the Legislative Hearing Officer)Yeas - 7Nays - 0
62.Appeal of Jason R. Crowley to a Condemnation Order for property at 1707 Englewood Avenue.
(Legislative Hearing Officer recommends denying the appeal)
Appeal DeniedYeas - 7Nays - 0
63.Appeal of Brent Molitor to a Condemnation Order for property at 506 North Prior Avenue.
(Legislative Hearing Officer recommends denying the appeal and changing the compliance date to
November 18, 2004 on Unit 510)
Appeal Denied and compliance date changed to November 18, 2004 for Unit 510. Yeas - 7Nays - 0
64.Appeal of Michael Wong to a Condemnation Order for property at 445 Minnesota Street. (Legislative
Hearing Officer's recommendation is forthcoming)
(Legislative Hearing Officer recommends granting the appeal provided the following three conditions are
met: 1) no cooking on the premises; 2) a bathroom agreement on file with the Radisson Hotel containing
time perimeters; and 3) the property be maintained according to all applicable codes and ordinances.
Appeal granted (per the recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
65.Resolution - 04 -977 - Reciting a proposal for a financing program for a multi - family rental housing
development, giving preliminary approval to the project and the program pursuant to Minnesota Statutes,
Chapter 462C, authorizing the Housing and Redevelopment Authority to issue housing revenue bonds
and authorizing the preparation of necessary documents and materials in connection with said project and
program.
AdoptedYeas - 6Nays - 0 (Thune not present for vote)
66.Public hearing to consider the application of Frank Greczyna, Pineview Builders, Inc. for a Combined
Plat for Grand Avenue Townhomes to create three (3) residential lots, three (3) accessory lots, and one
(1) outlot at 1992 Grand Avenue.
Motion of Intent - Application Granted Yeas - 7 Nays - 0
67.Public hearing to consider the application of Lander Group and Lander Associates for a Combined
Plat creating three (3) multi - family housing parcels at XXX 10th Street East (north quadrant site bounded
by 9th, Jackson, 10th, and Sibley Streets).
Motion of Intent - Application Granted
Yeas - 6 Nays - 0 (Benanav not present for vote)
68.Public hearing to consider the application of Patrick Ilfrey for a Subdivision (lot split) to create three
single - family residential parcels at 1374 Woodbridge Street, with variance of the requirement that lots
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have frontage on an improved street, between Cottage Avenue and Northern Pacific Railroad.
Public hearing held, closed, and laid over to November 3
Yeas - 6 Nays - 0 (Benanav not present for vote)
69.Public hearing to consider the application of Janet Jackson to rezone property from B 1 (Local
Business) to R4 (One - Family Residential) at 1160 Montreal Avenue; southeast corner at West Seventh
Street.
Motion of Intent - Application Granted
Yeas - 6Nays - 0 (Benanav not present for vote)
70.Public hearing to consider the appeal of the Lexington Hamline Community Council and University
United to a decision of the Planning Commission denying an appeal of a Planning Administrator's
approval of a subdivision of the old shopping center at Lexington Parkway and University Avenue (415,
417, 445, and 451 Lexington Pkwy. N.).
Motion of Intent - Appeal Denied
Yeas - 6 Nays - 1 (Thune)
71.Public hearing to consider the appeal of the Lexington Hamline Community Council and University
United to a decision of the Planning Commission approving the site plan for a new ALDI grocery store
and parking lot on the southeast corner of University Avenue and Dunlap Street.
Motion of Intent - Appeal Denied
Yeas - 6 Nays - 1 (Thune)
Suspension Items
Resolution - 04 -978 - Waiving the 45 -day notice requirement to issue Liquor On -Sale, Sunday Liquor
On -Sale, Gambling Location, Restaurant B, and Alarm Permit Licenses for Anvil Properties, Inc., d /b /a
The Foundry Pub, 1201 Jackson Street.
AdoptedYeas - 7Nays - 0
Resolution - 04 -979 - Requesting a report from the Administration on the final Environmental Imact
Statement and Preferred Alternative for Ayd Mill Road.
AdoptedYeas - 7Nays - 0
Council Meeting Information
Website:
For an updated copy of the City Council Meeting agendas or minutes, please visit our Website at
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http://www.ci.stpaiil.i
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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