Minutes 2-4-2004Page 1 of 8
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, February 4, 2004 - 3:30 p.m.
Ad Hoc Legislative Agenda Committee Meeting
(Following reading of the ordinances)
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
• Ad Hoc Legislative Agenda Committee
• Public Hearings
Present - 7 - Benanav, Bostrom, Harris, Helgen, Lantry, Montgomery, Thune
Absent - 0
CONSENT AGENDA (Items I - 28)
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. Claim of Bertha Johnson.
Referred to the Risk Management Division
2. Summons and Complaints (5) in the matter of Clear Channel Outdoor, Inc. v. the City of Saint Paul.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165733\Minutes 2 -... 12/15/2010
Page 2 of 8
Referred to the City Attorney's Office
3. Letter from the Real Estate Division announcing a public hearing before the City Council on February
25, 2004, to consider the petition of Wilder Foundation to vacate city street right -of -way on Livingston
Avenue near George Street in Saint Paul to facilitate the Wilder Foundation's efforts to re -plat their
Rarig Campus.
4. Administrative Orders:
D002358 Extending the contract completion date for the Wyoming- Concord - Atlantic Sanitary Sewer
project No. 02 -S -1921 from November 29, 2002 to May 28, 2003.
D002359 Authorizing the Department of Fire and Safety Services to pay for stipend costs for teachers
attending a training workshop on Risk Watch injury prevention curriculum.
D002360 Authorizing the Department of Fire and Safety Services to pay for all costs to hold eight
teacher training workshops for Risk Watch injury prevention curriculum.
Noted as on file in the City Clerk's Office
FOR ACTION
5. Approval of minutes of December 17 and 23, 2003.
Adopted Yeas - 7 Nays - 0
6. Resolution - 04 -86 - Approving the 2004 Saint Paul- Ramsey County Department of Public Health
Work Plan.
Adopted Yeas - 7 Nays - 0
7. Resolution - 04 -87 - Approving the Labor Agreement between the City of Saint Paul and the District
Lodge No. 77, International Association of Machinists and Aerospace Workers, AFL -CIO, for January
1, 2004 through December 31, 2005. (To be laid over one week for adoption)
Adopted Yeas - 7 Nays - 0
8. Resolution - 04 -88 - Approving the Agreement between Independent School District 4625, District
Lodge No. 77, International Association of Machinists and Aerospace Workers, AFL -CIO and
Minnesota Teamsters Local No. 320, representing Nutrition Services Personnel. (To be laid over one
week for adoption)
Adopted Yeas - 7 Nays - 0
9. Resolution - 04 -89 - Approving the appointment of Imam Jaafar- Mohammad as Legislative Aide to
Councilmember Montgomery, Ward 1.
Adopted Yeas - 7 Nays - 0
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165733\Minutes 2 -... 12/15/2010
Page 3 of 8
10. Resolution - 04 -90 - Approving the appointment of Renee Tyler as Legislative Aide to
Councilmember Montgomery, Ward 1.
Adopted Yeas - 7 Nays - 0
11. Resolution - 04 -91 - Authorizing the City to accept donations from various sponsors for the Winter
Carnival Mayoral Reception.
Adopted Yeas - 7 Nays - 0
12. Resolution - 04 -92 - Adopting findings of fact related to demolition of buildings located in the
proposed future Westminster Junction Business Center tax increment financing district.
Adopted Yeas - 7 Nays - 0
13. Resolution - 04 -93 - Approving the use of Neighborhood STAR Investment Initiative funds for
parking at White Bear and Minnehaha Avenues.
Adopted Yeas - 7 Nays - 0
14. Resolution - 04 -94 - Supporting fair housing enforcement services.
Adopted Yeas - 7 Nays - 0
15. Resolution - 04 -95 - Giving Preliminary Approval to the Office of Financial Services for the
issuance of bonds, including: $19,000,000 GO Capital Improvement; $2,500,000 GO Street
Improvement Special Assessment; $4,000,000 GO Temporary Tax Increment; $12,400,000 GO Library
Agency; and $6,300,000 Sewer Revenue.
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
16. Resolution - 04 -96 - Releasing a water utility easement and dedicating a permanent water utility
easement across the El Rio Vista Recreation site.
Adopted Yeas - 7 Nays - 0
17. Resolution - 04 -97 - Waiving the 45 -day notice requirement for an On -Sale Liquor, Sunday On -Sale
Liquor and 2:00 a.m. closing license issued to Cherry's Minnehaha Tavern, Inc. d/b /a Minnehaha
Tavern, 735 White Bear Avenue.
Adopted Yeas - 7 Nays - 0
18. Resolution - 04 -98 - Suspending the tree trimmer license held by Larry James Duffney, dba Trees
and More, 2726 17th Avenue East, 433, North Saint Paul pending payment of all delinquent license fees
and any late charges or penalties.
Adopted Yeas - 7 Nays - 0
19. Resolution - 04 -99 - Approving the application, per the Legislative Hearing Officer, for Liquor On
Sale - Over 100 Seats, Liquor On -Sale - Sunday, and Restaurant - More than 12 Seats by D & N Inc.,
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165733\Minutes 2 -... 12/15/2010
Page 4 of 8
dba Mai Village Restaurant, 394 University Avenue West.
Adopted Yeas - 7 Nays - 0
20. Resolution - 04 -100 - Imposing a stayed ten -day suspension and a fine of $1,000 against the licenses
held by Mohammed Shams Eshmawy, Inc., dba East Lake Auto, 2121 University Avenue West.
Adopted Yeas - 7 Nays - 0
21. Resolution - 04 -101 - Imposing a $1,000 fine and a l0 -day suspension of the Auto Repair Garage
License held by Heartland Auto Sales, Inc., 1236 Arcade Street, for violation of several conditions of the
license.
Adopted Yeas - 7 Nays - 0
22. Resolution - 04 -102 - Memorializing City Council action taken November 19, 2003, denying the
appeal of Saint Paul Development Corporation to a decision of the Planning Commission upholding the
Zoning Administrator's denial of a site plan to reorganize the layout of an existing parking lot and create
an access from the parking lot to an adjacent alley at 452 Selby Avenue.
Adopted Yeas - 7 Nays - 0
23. Resolution - 04 -103 - Memorializing City Council action taken January 14, 2004, approving 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.
Adopted Yeas - 7 Nays - 0
24. Resolution - 04 -104 - Extending the Sun Ray- Suburban interim control ordinance for six (6) months,
or until zoning changes in the 40 -acre study are adopted.
Adopted Yeas - 7 Nays - 0
25. Preliminary Order - 04 -105 - In the matter of improving various streets by constructing a new
bituminous surfaced street with concrete curb and gutter, concrete driveway aprons and outwalks,
boulevard sodding, tree planting, construction of a lantern -style lighting system, and all other work
necessary to complete said improvements as part of the Case /Ruth Street Paving and Lighting Project,
and setting date of public hearing for February 25, 2004 (File 418997).
Adopted Yeas - 7 Nays - 0
26. Preliminary Order - 04 -106 - In the matter of the construction of sidewalk repair and /or the repair of
sanitary sewer, storm sewer and /or water service connections, if requested by the property owner, in
conjunction with the Case /Ruth Street Paving and Lighting Project, and setting date of public hearing
for February 25, 2004 (File 418997C).
Adopted Yeas - 7 Nays - 0
27. Preliminary Order - 04 -107 - In the matter of improving various streets by constructing a new
bituminous surfaced street with concrete curb and gutter, concrete driveway aprons and outwalks,
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165733\Minutes 2 -... 12/15/2010
Page 5 of 8
boulevard sodding, tree planting, construction of a lantern -style lighting system, and doing all other
work necessary to complete said improvements as part of the Edmund /Galtier Street Paving and
Lighting Project, and setting date of public hearing for February 25, 2004 (File 418996).
Adopted Yeas - 7 Nays - 0
28. Preliminary Order - 04 -108 - In the matter of the construction of sidewalk repair and /or the repair of
sanitary sewer, storm sewer and /or water service connections, if requested by the property owner, in
conjunction with the Edmund /Galtier Street Paving and Lighting Project and, setting date of public
hearing for February 25, 2004 (File 418996C)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
29. Report from Marcia Moermond, Legislative Hearing Officer, regarding the progress of rehabilitation
on the buildings at 837 4th Street East. (Laid over from December 10).
Laid over to February 18
30. Resolution - 04 -77 - Adopting the Summary of the Merriam Park Community Plan as an Addendum
to The Saint Paul Comprehensive Plan. (Laid over from January 28).
Adopted (an amendment was made to the summary)
Yeas - 6 Nays - 1 (Harris)
31. Resolution - 03 -733 - Ordering the owner to remove or repair the building at 512 Beaumont Street
within fifteen (15) days from adoption of resolution. (Laid over from August 6, 2003) (Legislative
Hearing Officer recommends granting the owner 180 days to rehabilitate the property)
Adopted as amended (per the recommendation of the Legislative Hearing Officer)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 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
32. Final Adoption - 03 -1002 - An ordinance amending Chapters 33 and 34 of the Saint Paul Legislative
Code to establish requirements for student dwellings including Certificate of Occupancy inspections and
the installation of hard wired smoke detectors. (Laid over from January 7)
Laid over to November 3, 2004
33. Final Adoption - 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 from January
file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_165733\Minutes 2 -... 12/15/2010
Page 6 of 8
21)
Laid over to November 3, 2004
34. Final Adoption - 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 from January 21)
Laid over to November 3, 2004
35. Final Adoption - 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 from January 21)
Laid over to November 3, 2004
36. First Reading - 04 -109 - An ordinance authorizing the issuance of bonds for the Saint Paul Public
Library Agency.
Laid over to February 11 for second reading
37. First Reading - 04 -110 - An ordinance amending the interim ordinance adopted in Council File No.
02 -1115 (as amended) preserving the status quo with respect to the use of property in the Sun Ray -
Suburban area, by adding an additional six (6) months to the regulatory duration of the said ordinance.
Laid over to February 11 for second reading
38. First Reading - 04 -111 - An ordinance memorializing City Council action approving the rezoning of
property at the southeast corner of Marshall and Western Avenues from P -1 (Parking) to RM -2
(Multiple Family Residential). (Public hearing held January 7)
Laid over to February 11 for second reading
39. First Reading - 04 -112 - An ordinance establishing an Examining Committee for the position of
Police Chief pursuant to the provisions of Section 12.12.1 of the Saint Paul City Charter.
Laid over to February 11 for second reading
At this time the Council convened as the Ad Hoc Legislative
Agenda Committee.
AGENDA
1. Establishing the Work Program for the Committee.
The Work Program was established. The Committee will convene February 18, 2004 and will meet
regularly the first Wednesday of each month, 2:00 - 3:00 p.m. in the Council Chambers. Councilmember
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165733\Minutes 2 -... 12/15/2010
Page 7 of 8
Lee Helgen will be chairing the Committee.
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
40. Third Reading - 04 -65 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to zoning for the City of Saint Paul with changes for the Sun Ray- Suburban zoning maps.
(Substitute introduced on January 21)
Laid over to February 11 for final adoption
41. Resolution - 04 -113 - Approving the establishment of the Koch Mobil Tax Increment Financing
District and approving Tax Increment Financing Plan.
Substitute introduced and adopted Yeas - 7 Nays - 0
42. Resolution - 04 -114 - Approving the application of Tom Scanlon, Dubliner Pub, 2162 University
Avenue West for a sound level variance to allow live music for St. Patrick's Day from 12:00 p.m. to
midnight on March 16 and 17, 2004 at 2162 University Avenue West. (Public Hearing held February 4)
Laid over to February 11
43. Resolution - 04 -115 - Ordering the owner(s) to remove or repair the building at 690 Burr Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 7 Nays - 0
44. Resolution - 04 -116 - Ordering the owner(s) to remove or repair the building at 598 Western Avenue
North within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
granting 180 days to complete the rehabilitation of the property on the condition that a bond has been
posted by noon on February 4, 2004) .
Adopted as amended (per the recommendation of the Legislative Hearing Officer)Yeas - 6Nays - 0
(Benanav not present for vote)
45. Resolution - 04 -117 - Ordering the owner(s) to remove or repair the building at 930 Duchess Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting
180 days to complete the rehabilitation of the property on the condition that the following is done by
noon on February 4, 2004: 1) the building is entirely secured; 2) the windows are completely boarded
with 1/2 inch plywood; 3) the foundation is completely protected from entry; and 4) the area is free from
trip /fall hazards by use of fencing as appropriate).
Adopted as amended (per the recommendation of the Legislative Hearing Officer)Yeas - 6Nays - 0
(Benanav not present for vote)
46. Appeal of Summary Abatement Order dated January 14, 2004, at 899 Palace Avenue (Legislative
Hearing Officer recommends denying the appeal).
Appeal denied Yeas - 6 Nays - 0 (Benanav not present for vote)
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165733\Minutes 2 -... 12/15/2010
Page 8 of 8
47. Appeal of Summary Abatement Order dated January 6, 2004, at 930 Duchess Street (Legislative
Hearing Officer recommends denying the appeal and granting an extension to February 6, 2004).
Appeal denied Yeas - 6 Nays - 0 (Benanav not present for vote)
48. Appeal of Summary Abatement Order dated January 16, 2004, at 930 Duchess Street (Legislative
Hearing Officer recommends denying the appeal and granting an extension to February 6, 2004).
Appeal denied Yeas - 6 Nays - 0 (Benanav not present for vote)
49. Public hearing to consider the appeal of Harvey Sherman, 89 Mackubin Street to a decision of the
Board of Zoning Appeals granting several variances in order to convert a 16 -unit apartment building at
501 Ashland Avenue into a 24 -unit building and construct a new front entry.
Motion of Intent - Appeal granted
Yeas - 5 Nays - 1 (Harris) Abstention - 1 (Montgomery)
50. Public hearing to consider the appeal of Centex Development Company to a decision of the Planning
Commission denying an appeal for a sign height variance at 266 Shepard Road, between Chestnut and
Elm Streets. (This appeal has been withdrawn by Centex)
Appeal withdrawn Yeas - 7 Nays - 0
51. Public hearing to consider the application of Parking Services for preliminary and final plat approval
to create two commercial parcels at 175 West 7th Street, southeast corner of Smith Avenue and West 7th
Street.
Laid over to February 25
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_165733\Minutes 2 -... 12/15/2010