Minutes 5-26-2004Page 1 of 10
ACTION MINUTES OF
THE SAINT PAUL CITY COUNCIL
Wednesday, May 26, 2004 - 3:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Mary Erickson - 651- 266 -8565
Vicki Sheffer - 651- 266 -8673
Office of the City Council
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Public Hearings
• Suspension Items
Present - Benanav, Bostrom, Helgen, Harris, Lantry, Montgomery, Thune
Absent - 0
CONSENT AGENDA (Items 1 - 22)
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 Diane Grau, Amberly Hunziker, Antonio Nerios IV, Victoria Vasquez, Laura Wild, and Ben
Zinner.
Referred to the Risk Management Division
2. Summons and Complaint in the matter of Travonte Marquise Dushonn Davis, a minor, by his parent
and legal guardian Sherrita Davis vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
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3. Summons and Complaint in the matter of Shem M. Shakir and Sybil Shakir vs. the City of Saint Paul,
et al.
Referred to the City Attorney's Office
4. Notice of Appeal from Commissioners' Award for Condemnation in the matter of Laura Clingman
Fischer, formerly known as Laurie C. Fuechmann and as Laurie Clingman Fuechtmann and Allen G.
Fuechmann, also known as Allen Gerhard Fuechmann.
Referred to the City Attorney's Office
5. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on June 2, 2004, to consider the application of Miguel Ramos, Consultant
representing Bymore Inc., for a sound level variance to allow a DJ and live music performance for the
hours of 12:00 p.m. to 6:00 p.m. on June 12, 2004 at 857 Payne Avenue.
6. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on June 2, 2004, to consider the appeal 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.
7. Letter from the Department of Neighborhood Housing and Property Improvement, Nuisance Building
declaring 837 4th Street East a nuisance property and setting date of Legislative Hearing for June 8, 2004
and City Council Hearing for June 23, 2004.
8. Letters from the Department of Neighborhood Housing and Property Improvement declaring 1011
Saint Paul Avenue and 596 Wells Street as nuisance properties. (For notification purposes only; a public
hearing will be scheduled at a later date if necessary.)
9. Letters from the Department of Neighborhood Housing and Property Improvement, Nuisance Building
Code Enforcement, indicating the City's intent
to revoke the rental registration certificate for the following properties unless an appeal is filed within
thirteen (13) days from the date of notice: 756 Aurora Avenue, 472 Cretin Avenue, 948 4th Street East,
1021 Sims Avenue, and 2175 Temple Court.
FOR ACTION
10. Approval of minutes of April 28, May 5, and May 12, 2004.
Adopted Yeas - 7 Nays - 0
11. Resolution - 04 -526 - Approving the Memorandum of Agreement between the
City of Saint Paul and District Lodge No. 77 International Association of Machinists and Aerospace
Workers AFL -CIO. (Laid over from May 19 for adoption)
Adopted Yeas - 7 Nays - 0
12. Resolution - 04 -541 - Accepting a conference pass from MnBIO Organization for Mayor Kelly to
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attend the International BIO Conference in San Francisco from June 6 - 9, 2004.
Adopted Yeas - 7 Nays - 0
13. Resolution - 04 -542 - Accepting a Safe and Sober grant from the Minnesota Department of Public
Safety and authorizing the City to enter into, and Chief William Finney to implement, an agreement with
the Minnesota Department of Public Safety.
Adopted Yeas - 7 Nays - 0
14. Resolution - 04 -543 - Approving the April 27, 2004, decisions of the Legislative Hearing Officer on
Appeals of Letters of Deficiency, Correction Notices, and Correction Orders for the following addresses:
1928 University Avenue West,
149 University Avenue East, 1408 Arcade Street, and 536 Thomas Avenue.
Adopted Yeas - 7 Nays - 0
15. Resolution - 04 -544 - Revoking the rental registration certificate for property at 711 St. Anthony
Avenue registered to Luther L. Whitehead.
Adopted Yeas - 7 Nays - 0
16. Resolution - 04 -545 - Memorializing City Council action taken April 28, 2004, granting the appeal of
the District 6 Planning Council to a decision of the Planning Commission approving a Conditional Use
Permit for a six -unit (3 twin homes) cluster development at 1070 Burgess Street (between Lexington and
Oxford).
Adopted Yeas - 7 Nays - 0
17. Resolution - 04 -546 - Granting Cedar Towing and Auction, Inc., permission to move their storage lot
from 3200 Como Avenue to 359 Hoover Street NE, Minneapolis.
Adopted Yeas - 7 Nays - 0
18. Resolution - 04 -547 - Authorizing the proper City officials to enter into a Development Agreement
and Lease and Operating Agreement with Neighborhood House for the Paul and Sheila Wellstone Center
for Community Building.
Adopted Yeas - 7 Nays - 0
19. Resolution - 04 -548 - Establishing and designating the turnback of Hoyt Avenue (County State Aid
Highway 56) from Snelling Avenue to Hamline Avenue from the jurisdiction of Ramsey County to the
City of Saint Paul and redesignating this segment of Hoyt Avenue as a Municipal State Aid Street.
Adopted Yeas - 7 Nays - 0
20. Resolution - 04 -549 - Establishing and designating the turnback of Hamline Avenue (Country Road
132) from Hoyt Avenue to Larpenteur from the jurisdiction of Ramsey County to the City of Saint Paul
and redesignating this segment of Hamline as a Municipal State Aid Street.
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Adopted Yeas - 7 Nays - 0
21. Resolution - 04 -550 - Amending the spending and financing plans of the 2004 Residential Street
Vitality Program in the Department of Public Works by transferring funding from the Edgewater
Boulevard and 1999 Major Sewer Repair projects and adding Water Utility and Special Assessment Bond
funding.
Adopted Yeas - 7 Nays - 0
22. Resolution Approving Assessment - 04 -551- In the matter of the assessment of benefits, cost and
expenses for construction of sanitary sewer service connections on Selby Avenue from Kent Street to
Avon Street, and setting date of public hearing for July 28, 2004. (File No. 18981 C)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
23. Resolution Ratifying Assessment- 04 -238 - In the matter of excessive consumption of police services
for the property at 970 University Avenue West from June 15, 2003 to November 23, 2003. (File No.
SPPD03B) (Public hearing held and laid over from February 25)
Laid over to June 9 Yeas - 7 Nays - 0
Council requests a written report from the Police Department prior to the June 9 City Council meeting on
the calls for service to the property for all of 2002, 2003 through June 1, 2004.
24. Resolution - 04 -456 - Approving the petition of the Housing and Redevelopment Authority to vacate
the east half of the alley in the block bounded by University, Dale, Aurora and St. Albans in order to
develop a new library and new housing. (File No. 04 -2004) (Laid over from May 12)
Laid over to June 2 Yeas - 7 Nays - 0
25. Resolution - 04 -509 - Approving the Pilot Project, pursuant to Civil Service Rule 8A.6, to jointly
administer and process examinations with Ramsey County for the title Library Clerk. (Approved by the
Library Agency on May 19)
Adopted as amended Yeas - 7 Nays - 0
26. Resolution - 04 -501 - Ordering the owner to remove or repair the building(s) at 271 Maria Avenue
within fifteen (15) days from adoption of resolution. (Public hearing held May 5) (Legislative Hearing
Officer recommends granting the owner 180 days to rehabilitate the property on condition that a time line
and a rehabilitation plan is provided by noon on May 26, 2004)
Adopted as amended Yeas - 7 Nays - 0
Council requests a progress report be provided at the July 7 Council meeting
27. Appeal of Janet Pelzel to a Summary Abatement Order for property at 1854 Benson Avenue. (Public
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hearing held May 5) (Legislative Hearing Officer recommends denying the appeal and making the
effective date May 11, 2004.)
Appeal denied 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 DAYSAFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
28. Second Reading - 04 -537 - An ordinance amending Chapter 61 of the restructured Zoning Code,
setting fees to defray costs of reviewing, investigating and administering services, materials and work
performed and furnished to persons making zoning applications to the City, and reducing the period for
administrative appeals and appeals to the City Council.
Laid over to June 2 for third reading /public hearing
29. Second Reading - 04 -538 - An ordinance memorializing City Council action granting the application
of Headwaters Real Estate to rezone property from
RM -2 (Multi - Family Residential) to OS -1 (Office Service) or TN (Traditional Neighborhood - if
available) for a consulting firm office at 585 Grand Avenue, between Oakland Avenue and Dale Street.
(Public hearing held April 28, 2004)
Laid over to June 2 for third reading
PUBLIC HEARINGS
30. Third Reading - 04 -520 - An ordinance prohibiting smoking in bars and restaurants; creating
responsibilities for proprietors; prohibiting retaliation; and providing penalties for violation.
Laid over to June 2 for final adoption
31. Third Reading - 04 -521 - An ordinance exempting off -sale licenses issued to hotels /motels from the
calculation of the half -mile radius in the downtown business district and creating a half -mile radius
around the Xcel Energy Center in which off -sale liquor establishments are prohibited.
Laid over to June 2 for final adoption
32. Resolution - 04 -552 - Approving the application for a sound level variance by Jeff Fye, Project
Manager, representing Carl Bolander & Sons Company, to allow construction work to install a
pedestrian/bike trail and tunnel under the BNSF tracks at the intersection of Lexington Parkway North
and Jessamine Avenue from May 29, 2004 to June 1, 2004.
Adopted Yeas - 7 Nays - 0
33. Resolution - 04 -553 - Approving the petition of Michael and Kimberly Byrd to vacate part of the
alley in Block 8, Elmer and Morrison's Rearrangement, bounded by Wheeler and Amherst Streets and
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Lincoln and Goodrich Avenues, in order to extend the petitioners' back yard.
Adopted Yeas - 7 Nays - 0
34. Resolution Ratifying Assessment - 04 -499 - In the matter of the assessment of benefits, cost and
expenses for towing an abandoned vehicle from 518 Ohio Street. (File 4J0304V) (Laid over from May 5)
(Legislative Hearing Officer recommends approval)
Adopted as amended (Legislative Hearing Officer recommends spreading the payments over five years)
Yeas - 7Nays - 0
35. Resolution Ratifying Assessment - 04 -554 - In the matter of the assessment of benefits, cost and
expenses for construction of a sanitary sewer and service connections in Atlantic Street from
approximately 700 feet north of East 7th Street to approximately 913 feet north of East 7th Street. (File
No. 18965)
Adopted Yeas - 7 Nays - 0
36. Resolution - 04 -500 - Ordering the owner to remove or repair the building(s) at 906 Duchess Street
within fifteen (15) days from adoption of resolution. (Laid over from May 5) (Legislative Hearing Officer
recommends approval)
Laid over to the June 8 Legislative Hearing and the June 23 City Council meeting (per the
recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
37. Resolution - 04 -399 - Ordering the owner to remove or repair the building(s) at 785 Butternut Avenue
within fifteen (15) days from adoption of resolution. (Laid over from April 28 for continuation of public
hearing) (Legislative Hearing Officer recommends granting 180 days to complete rehabilitation of the
property.)
Adopted as amended (per the recommendation of the Legislative Hearing Officer)Yeas - 7Nays - 0
38. Resolution - 04 -459 - Ordering the owner to remove or repair the building(s) at 1956 Feronia Avenue
within fifteen (15) days from adoption of resolution. (Laid over from April 28 for continuation of public
hearing) (Legislative Hearing Officer's recommendation is forthcoming)
Laid over to the July 13 Legislative Hearing and the July 28 City Council meetingYeas - 7Nays - 0
39. Resolution Ratifying Assessment - 04 -555 - In the matter of the assessment of benefits, cost and
expenses for summary abatement (property clean -up) during December 2003 at 1819 Sheridan Avenue
(J0309A) (Laid over from March 24) (Legislative Hearing Officer recommends deleting the assessment)
Adopted as amended (per the recommendation of the Legislative Hearing Officer)Yeas - 7Nays - 0
40. Resolution Ratifying Assessment - 04 -556 - In the matter of the assessment of benefits, cost and
expenses for summary abatements (property clean -up) during January and February 2004 (J0401 A);
towing abandoned vehicles from private property from August through November 2003 (J0401 V); and
boarding -up vacant buildings in January and February 2004 (J0401B).
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(Legislative Hearing Officer recommends the following:
1120 Payne Avenue (J0401V) - reduce assessment to $376.45 plus $70 services fees for a total
assessment of $446.45;
911 Wilson Avenue (J0401V) - delete assessment;
1819 Sheridan Avenue (J0401A) - delete assessment;
949 Sherburne Avenue (J0401A) - approve assessment;
932 Iroquois Avenue (J040IA) - lay over to June 8 Legislative Hearing and June 23 City Council
meeting;
515 York Avenue (J040IV) - spreading payments over five years;
1591 Taylor Avenue (J0401A) - lay over to June 8 Legislative Hearing and June 23 City Council
meeting;
1054 Arkwright Street (J0401A) - delete assessment;
971 Aurora Avenue (J0401A) - reduce total assessment from $323 to $153 plus the $70 service fees for a
total assessment of $223;
260 Baker Street East (J0401V) - approve assessment;
1695 Burns Avenue (J040IA) - approve assessment; lay over to the June 8 Legislative Hearing and June
23 City Council meeting;
2134 Bush Avenue (J0401A) - approve assessment;
733 Case Avenue (J0401V) - reduce total assessment from $615 to $135 plus the $70 service fees for a
total assessment of $205;
745 Case Avenue (J0401V) - approve assessment;
1170 Conway Street (J0401V) - approve assessment.;
1459 Danforth Street (J0401V) - delete assessment;
515 Desnoyer Avenue (J0401A) - reduce assessment to $167 plus $70 service fees for a total assessment
of $237;
1033 Hawthorne Avenue East (J0401A) - approve assessment;
233 Sherburne Avenue (J0401V) - reduce assessment to $230 plus $70 service fees for a total assessment
of $300;
858 Jessamine Avenue East (J0401V) - spreading payments over five years;
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2171 Knapp Street (J0401A) - reducing total assessment from $295 to $130 plus $70 service fees for a
total assessment of $200;
811 Lafond Avenue (J0401 V) - approve assessment;
1171 Lawson Avenue East (J0401 V) - approve assessment;
988 Marshall Avenue (J0401A) - approve assessment; delete assessment;
1627 Marshall Avenue (J040IV) - approve assessment;
1120 McLean Avenue (J0401V) - delete assessment;
994 Reaney Avenue (J0401A) - approve assessment;
876 Rice Street (J0401A) - approve assessment;
1261 Seventh Street East (J0401 V) - approve assessment;
674 Fuller Avenue (J0401 A, J0401 B):
J0401B - approve assessment;
J0401A - reducing total assessment from $83.50 to $1 plus $70 service fees for a total assessment of $71;
808 Selby Avenue (J0401A) - delete assessment;
1237 Jackson Street (J0401A); approve assessment;
1972 Nokomis Avenue (J0401A) - approve assessment;
740 Stryker Avenue (J0401B) - approve assessment;
Additional addresses:
492 Charles Avenue (J040IA) - lay over to July 13 Legislative Hearing and
July 28 City Council meeting;
1063 Dale Street North (J0401A) - reduce assessment to $40 plus $70 service fees for a total assessment
of $110; and
Adopted as amended (per the recommendation of the Legislative Hearing Officer)Yeas - 7Nays - 0
41. Resolution Ratifying Assessment - 04 -557- In the matter of the assessment of benefits, cost and
expenses for boarding -up vacant buildings during December 2003 at 1114 7th Street East. (File
J0307BA) (Legislative Hearing Officer recommends approval)
Adopted Yeas - 7 Nays - 0
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42. Appeal of Denise Day to a Summary Abatement Order for property at 1138 Thomas Avenue.
(Legislative Hearing Officer recommends denying the appeal)
Appeal denied Yeas - 7 Nays - 0
43. Amended Final Order in Condemnation Proceedings - 04 -558 - In the matter of acquiring permanent
easements for right -of -way purposes and temporary construction easements for construction of Phalen
Boulevard between Arcade Street and Johnson Parkway.
Laid over to June 9 Yeas - 7 Nays - 0
44. Public hearing to consider the application of R & N Corporation (Saxon Ford) to rezone property at
250 & 262 Sherburne Avenue, between Farrington and Galtier, from RT -1 (Two - Family Residential) to
B -3 (General Business) to expand the existing business and add parking. (Laid over from May 5)
Motion of Intent - Application denied Yeas - 7 Nays - 0
45. Public hearing to consider the appeal of Jason Pulczinski to a decision of the Planning Commission
denying a lot split at 1465 Hazelwood Street, between Nevada and Arlington Avenues.
Withdrawn
46. Public hearing to consider the application of Scott McClure to rezone property from RM -1 (Multiple -
Family Residential) and B -2 (Community Business) to B -3 (General Business) to expand an auto repair
business at 906 and 914 Randolph Avenue, SE corner at Milton Street.
Motion of Intent - Application granted Yeas - 6 Nays - 0
(Montgomery not present for vote)
Suspension Items:
Resolution - 04 -558 - Recognizing Donald P. Del Fiacco for his distinguished character and years of
service to a grateful city.
Adopted Yeas - 7 Nays - 0
First Reading - 04 -559 - An interim ordinance regarding the definition of an "adult bookstore" to remain
in effect until such time as zoning studies have been completed and any action taken based upon the
studies
Laid over to June 2 for second reading
Resolution - 04 -560 - Honoring Dale Warland and the Dale Warland Singers on the occasion of their
farewell concert and celebration.
Adopted Yeas - 6 Nays - 0 (Montgomery not present for vote)
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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. inn. 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. in., Saturdays at 12:30 p. in., 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. in., Sundays at 5:30 p. in., Mondays at 8: 00 a. m. 1: 30 p. in., and 5:30 p. in.; 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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