Minutes 11-3-2004Page 1 of 8
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, November 3, 2004 - 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
• For Action
• For Discussion
• Ordinances
• Public Hearings
• Suspension Items
Present - 6 - Benanav, Bostrom, Harris, Helgen, Lantry, Montgomery
Absent - 1 - Thune (arrived after roll call)
CONSENT AGENDA (Items 1 -14)
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 Virginia Delaney, and David Diercks.
Referred to Risk Management
2. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on November 16, 2004 at 9:30 a.m. in Room 41, City Hall, concerning the Tattoo Parlor License held by
Jennifer E. Cobb, d /b /a Planet Ink, 1499 University Avenue West.
2a. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on November 17, 2004 to consider the supplemental variances granted
by the Board of Zoning Appeals regarding the construction of a second principle structure at 449
Portland Avenue.
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3. Letter from the Department of Neighborhood Housing & Property Improvement declaring 1080 Park
Street as nuisance property. (For notification purposes only;
a public hearing will be held at a later date if necessary.)
4. Administrative Order:
D002442 Authorizing revisions to activities 11254, 16002, and 16003 to create proper spending
authority for Capital City Intern - overtime payments.
Noted as on file in the City Clerk's Office
FOR ACTION
5. Resolution - 04 -1044 - Approving the October 12, 2004 decisions of the Legislative Hearing Officer
on appeals for Letters of Deficiency, Correction Notices and Correction Orders for the following
addresses: 1399 Randolph Avenue, 1986 St. Clair Avenue, 528 Ashland Avenue, and 2135 Hadley
Street.
Adopted Yeas - 7 Nays - 0
6. Resolution - 04 -1045 - Authorizing the City to enter into a renewed agreement with ArCaPark, Inc. to
operate and manage the 13 space parking lot at Arcade Street and Case Avenue developed under the
City's Places to Park program.
Adopted Yeas - 7 Nays - 0
7. Resolution - 04 -1046 - Approving Cultural STAR funding for the Orpheum Feasibility Study, the
Rondo Library Public Art Project, and the 2005 Saint Paul Summer Song Festival.
The Council requested further information on the funding of Cultural STAR projects be provided by
Dan Smith, Department of Planning and Economic Development, including a financial analysis and the
Cultural STAR Board's recommendations on the projects
Laid over to November 10 Yeas - 7 Nays - 0
8. Resolution - 04 -1047 - Authorizing the Department of Planning and Economic Development to apply
to the Minnesota Department of Employment and Economic Development and the Metropolitan Council
for Contamination Cleanup Grants for the Island Station, West Side Flats, the Lowry, and River Bluff
sites.
Adopted Yeas - 7 Nays - 0
9. Resolution - 04 -1048 - Authorizing the Department of Fire and Safety Services
to apply for a Federal Emergency Management Agency (FEMA) fire prevention grant.
Adopted Yeas - 7 Nays - 0
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10. Resolution - 04 -1049 - Authorizing the Department of Fire and Safety Services
to accept a donation in the amount of $5,000 from the Saint Paul Travelers for implementation of the
Risk Watch program.
Adopted Yeas - 7 Nays - 0
11. Resolution - 04 -1050 - Revoking the provisional taxicab vehicle license held
by Mohammed A. Hassan.
Adopted Yeas - 7 Nays - 0
12. Resolution - 04 -1051 - Denying the application for a Saint Paul Taxicab Driver's license submitted
by Delmer L. Grace.
Adopted Yeas - 7 Nays - 0
13. Resolution - 04 -1052 - Transferring spending and financing from the 2002 and 2003 Signal
Enhancement /Channelization project to the Cromwell - Bayless- Raymond Traffic Calming project in the
Department of Public Works.
Adopted Yeas - 7 Nays - 0
14. Resolution - 04 -1053 - Transferring Council contingency budget within Public Works Traffic, Signal
and Lighting Maintenance Fund activities for purchase of
a pavement marking striper.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
15. 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 October 6)
Laid over to December 15 Yeas - 7 Nays - 0
16. 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) (Public hearing held and laid over from October 6)
Laid over to December 1 Yeas - 6 Nays - 0
(Benanav not present for vote)
17. Consideration of 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 have
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frontage on an improved street, between Cottage Avenue and Northern Pacific Railroad. (Public hearing
held and laid over from October 6)
Motion of Intent - Application granted Yeas - 7 Nays - 0
18. Resolution - 04 -1041 - Ordering the owner to remove or repair the building(s) at 907 Saint Anthony
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
granting the owner 180 days to rehabilitate the property) (Public Hearing held and laid over from
October 27)
Adopted as amended (per the recommendation of the Legislative Hearing Officer)Yeas - 7Nays - 0
19. Report from the Administration on the pending Comcast settlement and the public policy goals on
franchise issues. (Report requested by the Council on October 27)
A report was presented by Lisa Veith, Assistant City Attorney. The
Council requested that further information be provided by the Mayor's Administration on November 10.
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.
20. Final Adoption - 04 -959 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code to
increase annual elevator inspection fees 25 %.
Adopted Yeas - 7 Nays - 0
21. Final Adoption - 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.
Adopted Yeas - 7 Nays - 0
22. Final Adoption - 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 November 10 Yeas - 7 Nays - 0
23. Final Adoption - 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.
Adopted Yeas - 7 Nays - 0
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24. Final Adoption - 04 -983 - An ordinance amending Chapter 60 of the Legislative Code pertaining to
zoning for the City of Saint Paul with changes for the Middle Section of the Phalen Corridor zoning
maps.
Adopted Yeas - 7 Nays - 0
25. Final Adoption - 04 -984 - An ordinance amending Chapter 200.17 of the Legislative Code
establishing guidelines and limiting the amount of time an
animal can be restrained by a chain to no more than two hours and amending the restrictions on training
collars. (Amended on October 27)
Adopted Yeas - 7 Nays - 0
26. Third Reading - 04 -1013 - An ordinance memorializing City Council action approving the
application of Twin Cities Habitat for Humanity to rezone property from R2 (Single - family Residential)
to RM1 (Multiple - family Residential) at 1526 Ames Avenue; SW corner at Hazelwood Street. (Public
Hearing held September 22)
Laid over to November 10 for final adoption
27. Third Reading - 04 -1014 - An ordinance memorializing City Council action approving the
application of Allen Hohenwald to rezone property from VP (P1) (Parking) to R4 (One - Family
Residential) to construct a single family home on the east side of Iroquois Avenue, between Case and
Stillwater Avenues. (Public hearing held September 22)
Laid over to November 10 for final adoption
28. Third Reading - 04 -1015 - An ordinance memorializing City Council action approving 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. (Public hearing held
October 6)
Laid over to November 10 for final adoption
29. Second Reading - 04 -1027 - An ordinance concerning City Council approval of the City's lobbyists
and legislative agendas.
Laid over to November 17 for third reading /public hearing
30. First Reading - 04 -1054 - An ordinance amending Chapter 329 of the Saint Paul Legislative Code,
Alarm Devices, to facilitate changes in statutory law and reduce false alarms.
Laid over to November 10 for second reading
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
31. Presentation by Matt Smith, Director, Office of Financial Services, and public hearing on the 2005
City, Library Agency and HRA Budgets, Service Levels,
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and Tax Increment Plans.
A presentation was made to the City Council by Matt Smith, Director,
Office of Financial Services, and a public hearing was held.
32. Resolution - 04 -1055 - Authorizing the Right -of -Way Maintenance Assessments for 2005.
Public hearing held, closed and laid over to December 15
Yeas - 5 Nays - 0 (Bostrom and Montgomery not present for vote)
33. Resolution - 04 -1056 - Approving the proposed 2005 Sanitary Sewer Rates and Storm Sewer System
Charges.
Public hearing held, closed and laid over to December 15
Yeas - 5 Nays - 0 (Bostrom and Montgomery not present for vote)
34. Resolution - 04 -1057 - Concurring with the action taken by the Board of Water Commissioners
establishing the Water Rates for 2005.
Public hearing held, closed and laid over to December 15
Yeas - 5 Nays - 0 (Bostrom and Montgomery not present for vote)
35. Resolution - 04 -1058 - Giving preliminary approval for a proposed financing program for a multi-
family rental housing development using tax exempt housing revenue bonds, for HRA Board
consideration, for the Payne- Phalen Senior Lofts Project.
Adopted Yeas - 7 Nays - 0
36. Resolution - 04 -1059 - Establishing a redevelopment project area and tax increment financing
district and adopting a redevelopment plan and tax increment financing plan for the Payne- Phalen Senior
Lofts Project.
Adopted Yeas - 7 Nays - 0
37. Resolution - 04 -1060 - Approving the petition of the City of Saint Paul to vacate
a portion of Starkey Street northwesterly of Water Street and southeasterly of Government Lot 7 to
develop the site known as the West Side Flats, Wabasha to west of the railroad tracks. (File No. 01-
20040)
Laid over to November 17 for public hearing Yeas - 7 Nays - 0
38. Resolution - 04 -1061 - Approving the petition of the City of Saint Paul to vacate and release the
City's interest in Government Lot 7 in the area bounded by Wabasha Street, Water Street, the
Mississippi River and the railroad tracks to develop the site known as the West Side Flats, Wabasha to
west of the railroad tracks. (File No. 23 -2004)
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Laid over to November 17 for public hearing Yeas - 7 Nays - 0
39. Final Order - 04 -1062 - In the matter of improving the alley in Como, Block 5, bounded by
California Street, Larpenteur Avenue, Chatsworth Street (vacated) and Milton Street, by grading and
paving with a bituminous material. (File No. 19003) AdoptedYeas - 7Nays - 0
40. Final Order - 04 -1063 - In the matter of condemning and taking an easement in the land necessary
for the slopes, cuts and fill, including the right of removal of lateral support from subject land or
remainder thereof, occasioned by excavations thereof or construction of slopes in the grading and paving
of the alley in Como, Block 5, bounded by California Street, Larpenteur Avenue, Chatsworth Street
(vacated) and Milton Street. (File No. 190035)
Adopted Yeas - 7 Nays - 0
41. Resolution Ratifying Assessment - 04 -1064 - In the matter of the excessive consumption of
inspection services for property code violations for May, June,
and part of April 2004 at 518 Charles Avenue (J0403E3) (Legislative Hearing Officer recommends
reducing the assessment from $295.00 to a total of $147.50) (Laid over from September 22)
Public hearing heldclosed and laid over to November 17
Yeas - 7 Nays - 0
42. Public hearing to consider the application of Legacy Management and Development Corporation for
a combined plat proposed for a mixed -use residential - institutional development at 626 University
Avenue.
Motion of Intent - Application granted Yeas - 7 Nays - 0
43. Public hearing to consider the application of Chris Kusch for a Combined Plat
to create two single - family lots at 1602 Maryland Avenue.
Public hearing held, closed and laid over to November 17
Yeas - 7 Nays - 0
44. Public hearing to consider the application of Island Station LLC to rezone from I2 (General
Industrial) to TN2 (Traditional Neighborhood) for a residential mixed -use development at 436 Shepard
Road (380 Randolph Avenue), SE of the intersection of new Shepard Road and Randolph Avenue.
Motion of Intent - Application granted Yeas - 7 Nays - 0
45. Resolution - 04 -1065 - Approving the creation of the Great Northern Business Center - Phase II Tax
Increment District and the hazardous substance subdistrict and the adoption of the Tax Increment
Financing Plan.
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Adopted Yeas - 7 Nays - 0
Suspension Items
Resolution - 04 -1066 - Memorializing City Council action taken October 27, 2004 granting an appeal of
the Summit Hill Association to a decision of the Planning Commission approving the establishment of a
triplex as a legal nonconforming use at 673 Lincoln Avenue, between St. Albans and Dale Streets.
Adopted Yeas - 7 Nays - 0
Resolution - 04 -1067 - Approving the Appointment of Councilmember Debbie Montgomery and the
Reappointments of Traci Gauer, Allen Hester, Lorrie Louder, Tom Macy, Jackie Mlynarczyk, Paul
Nelson, Robert Veilleux, and Ellen Watters, by Mayor Kelly, to the Workforce Investment Board.
Adopted Yeas - 4 Nays - 3 (Benanav, Helgen, Lantry)
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