Approved Minutes 11-7-2001Page 1 of 23
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, November 7th, 2001 - 3:30 - 5:00 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
• Reconsidered Item
• Suspension Item
• Ordinances
• Suspension Items
• Public Hearings
The meeting was called to order at 3:35 by Council President Bostrom.
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items I - 49)
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
Nancy Anderson, Assistant Secretary to the City Council, noted that Item 17 was to be laid over one
week, and Items 42 and 44 were requested to be withdrawn by the department.
Councilmember Blakey requested Item 24 be removed for discussion.
Councilmember Lantry requested Items 28, 33, and 34 be removed for discussion.
Councilmember Benanav requested Item 31 be removed for discussion.
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Nancy Anderson read the following communication into the record:
Letter from the Department of Planning and Economic Development announcing a public hearing before
the City Council on November 14, 2001, at 3:30 p.m, to consider the application of Mike Leitner to
rezone property from RM -2 (Multiple Family) to B -3 (General Business) to allow expansion of Leitner's
Garden Center parking lot at 959 Randolph Avenue (between Milton and Chatsworth Streets).
Councilmember Lantry moved approval of the consent agenda as amended.
Yeas - 7 Nays - 0
Councilmember Harris recognized students from Cretin - Derham Hall who were attending the Council
meeting. Also attending were Camp Fire girls from Nativity School who introduced themselves.
1. Claims of Basilia Del Castillo, Dairyland Insurance (by Patti Stanislawski), Andrea Kibort, Hugh
Markley (conservatorship of Cyann Lee), James Masterson, Rose Unman, William Vezina, and Daniel
Zaspel.
Referred to the Risk Management Division
2. Summons and Complaint in the matter of Steven A. Iverson vs. the City of St. Paul, et al.
Referred to the City Attorney's Office
3. Summons and Complaint in the matter of Katharine Lauren Lovich vs. the City of St. Paul, et al.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of Mississippi River Revival, et al. vs. the City of Saint Paul.
Referred to the City Attorney's Office
5. Summons and Complaint in the matter of Jer Thao vs. the City of St. Paul, et al.
Referred to the City Attorney's Office
6. Application for Temporary Restraining Order, Summons, Complaint, and Jurisdictional
Memorandum in the matter of Midfirst Bank vs. the City of St. Paul (245 Front Street).
Referred to the City Attorney's Office
7. Realtor's Request for Transcript and Certificate as to Transcript in the matter of DeLite Outdoor
Advertising, Inc. vs. the City of St. Paul.
Referred to the City Attorney's Office
8. Letters from the Citizen Service Office /Property Code Enforcement declaring 920 Jackson Street,
2114 Margaret Street, and 1148 Minnehaha Avenue East as nuisance properties. (For notification
purposes only; public hearings will be scheduled at a later date if necessary.)
9. Letters from the Citizen Service Office /Property Code Enforcement declaring 531 Ohio Street, 1619
Seventh Street East, and 705 Sims Avenue as nuisance properties and setting date of Legislative
Hearings for November 6, 2001, and City Council Hearings for November 28, 2001.
10. Letters from the Citizen Service Office /Property Code Enforcement declaring 178 Acker Street East,
292 Burgess Street, and 294 Burgess Street as nuisance properties and setting date of Legislative
Hearings for November 20, 2001, and City Council Hearings for December 5, 2001
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11. Administrative Order:
D002079 Approving additional expenditure and grant spending authority up to $59,000 for Marketing
activities.
Noted as on file in the City Clerk's Office
FOR ACTION
12. Approval of minutes of October 3 and 10, 2001, and Closed Door Session of October 24, 2001.
Adopted Yeas - 7 Nays - 0
13. Resolution - 01- 1093 - Approving the May 1, 2001, through April 30, 2004, Maintenance Labor
Agreement between the City of St. Paul and the International Union of Painters and Allied Trades
District Council 82. (Laid over from October 24 for adoption)
Adopted Yeas - 7 Nays - 0
14. Resolution - 01 -1094 - Approving the Memorandums of Agreement between Independent School
District No. 625 and Sheet Metal Workers International Association Local 10, United Association of
Plumbers Local Union No. 34, United Association of Steamfitters- Pipefitters Local Union No. 455, and
United Union of Roofers, Waterproofers and Allied Workers Local Union No. 96.
(Laid over from October 24 for adoption)
Adopted Yeas - 7 Nays - 0
15. Resolution - 01 -1154 - Approving the Employment Agreements between Independent School
District No. 625 and Bricklayers and Allied Craftsworkers Local Union No. 1 of Minnesota,
International Union of Painters and Allied Trades District Council 82, Lakes and Plains Regional
Council of Carpenters and Joiners, Minnesota Cement Masons, Plasterers and Shophands Local 633 and
Operative Plasterers Local Union No. 265 to establish terms and conditions of employment for 2001-
2004. (To be laid over for one week for adoption)
Laid over to November 14 for adoption
16. Resolution - 01 -1155 - Approving the Memorandum of Understandings between the City of Saint
Paul and AFSCME Clerical 42508; AFSCME 43757 - Legal; AFSCME Technical 41842; Classified
Confidential Employees Association; Electrical Workers Local 4110; Machinists District Lodge No. 77;
Operating Engineers Local 70; Professional Employees Association; St. Paul Police Federation; Saint
Paul Supervisors Organization; and Tri- Council Operating Engineers Local 449 to participate in the
Metropolitan Council's "Metro Pass" Program. (To be laid over one week for adoption) Laid over to
November 14 for adoption
17. Resolution - 01 -1156 - Approving the Memorandum of Agreement between the City of Saint Paul
and the Professional Employees Association (PEA) and Saint Paul Supervisors Organization (SPSO).
Laid over to November 14 for adoption
18. Resolution - 01 -1157 - Approving the First Special Session Laws 2001 - Chapter 10, Article 10,
Sections 2 and 6 allowing certain Building Trades employees to opt out of PERA.
Adopted Yeas - 7 Nays - 0
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19. Resolution - 01 -1158 - Establishing the rate of pay for the class titled City Engineer.
Adopted Yeas - 7 Nays - 0
20. Resolution - 01 -1159 - Changing the rate of pay for the Valuation and Assessment Engineer class.
Adopted Yeas - 7 Nays - 0
21. Resolution - 01 -1160 - Establishing the rate of pay for the class titled Assistant Labor Relations
Director.
Adopted Yeas - 7 Nays - 0
22. Resolution - 01 -1161 - Establishing the rate of pay for the new classification of Safety Equipment
Design Maintenance Worker in Grade 07U of the Equipment Maintenance, Bargaining Unit 05, Salary
Schedule.
Adopted Yeas - 7 Nays - 0
22a. Resolution - 01 -1208 - Accepting $2,500 for travel expenses from the Saint Paul Nagasaki Sister
City Committee for Mayor Coleman to participate in a five -day meeting in Japan from November 11 -16,
2001.
Adopted Yeas - 7 Nays - 0
23. Resolution - 01 -1162 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 844 Agate Street, 352 Bates Avenue, 361 Bates Avenue,
912 Carroll Avenue, 295 Summit Avenue, 2300 Wycliff Street, and 591 Payne Avenue.
Adopted Yeas - 7 Nays - 0
24. Discussed after the consent agenda)
25. Resolution - 01 -1164 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 1976 Hilding Avenue.
Adopted Yeas - 7 Nays - 0
26. Resolution - 01 -1165 - Memorializing City Council action taken July 25, 2001, denying the appeal
of Michael Pfalz to a decision of the Board of Zoning Appeals granting a front yard setback variance in
order to construct a single family home at 1236 Virginia Street.
Adopted Yeas - 7 Nays - 0
27. Resolution - 01 -1166 - Approving the Planning Commission recommendation to grant an Interim
Special Condition Use Permit for offices to support services associated with El Rio Vista/Neighborhood
House Community Center at 193 East Robie Street.
Adopted Yeas - 7 Nays - 0
28. Discussed after the consent agenda)
29. Resolution - 01 -1168 - Authorizing an offset of certain capital obligations equal to $630,000 in 1997
dollars ($688,306) of the cable franchise for 2001 pursuant to Article III, Section 304(a) of the cable
television franchise (C.F. 98 -234)
Adopted Yeas - 7 Nays - 0
30. Resolution - 01 -1169 - Amending the 2001 cable budget and approving payment of pass- through
capital equipment grant of $55,605 from AT &T Broadband to Saint Paul Neighborhood Network
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(SPNN).
Adopted Yeas - 7 Nays - 0
31. (Discussed after the consent agenda)
32. Resolution - 01 -1171 - Authorizing City officials to expend $1,108,499 of General Fund Fund
Balance with the expectation that the Federal Emergency Management Agency (FEMA) will reimburse
the City for expenses related to preparing and recovering from the flooding of the Mississippi River in
the spring of 2001.
Adopted Yeas - 7 Nays - 0
33. (Discussed after the consent agenda)
34. (Discussed after the consent agenda)
35. Resolution - 01 -1174 - Authorizing application to the Met Council for a Tax Base Revitalization
Grant for the remediation of the West Side Flats.
Adopted Yeas - 7 Nays - 0
36. Resolution - 01 -1175 - Authorizing application to the Department of Trade and Economic
Development for Contamination Cleanup Grant for the remediation of the West Side Flats.
Adopted Yeas - 7 Nays - 0
37. Resolution - 01 -1176 - Adopting the amended Storm Water Permit Annual Report and Management
Program as required by the City's federally mandated storm water discharge permit.
Adopted Yeas - 7 Nays - 0
38. Resolution - 01 -1177 - Authorizing City officials to enter into an agreement with Minnesota Wire
allowing them use of the Midway Stadium parking lot for employee parking.
Adopted Yeas - 7 Nays - 0
39. Resolution - 01 -1178 - Accepting a Juvenile Accountability Incentive Block Grant from the
Minnesota Department of Economic Security, Workforce Services Branch, and authorizing the City to
implement the agreement.
Adopted Yeas - 7 Nays - 0
40. Resolution - 01 -1179 - Concerning adverse action against the Cigarette /Tobacco license held by
Brain Corporation, dba Arcade Bar, 932 Arcade Street.
Adopted Yeas - 7 Nays - 0
41. Resolution - 01 -1180 - Concerning adverse action against the Cigarette /Tobacco license held by
Kath Fuel Oil Service Company, dba Glass Plus, 525 Lafayette Road.
Adopted Yeas - 7 Nays - 0
42. Resolution - 01 -1181 - Concerning adverse action against the license held by Beck Enterprises, Inc.,
dba River Junction Tree Service.
Withdrawn Yeas - 7 Nays - 0
43. Resolution - 01 -1182 - Denying the application by Tom's I, Inc., dba Super USA, for an Off -Sale
Malt license.
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Adopted Yeas - 7 Nays - 0
44. Resolution - 01 -1183 - Concerning adverse action against the Day Care Food license held by
Amherst H. Wilder Foundation, 911 Lafond Avenue.
Withdrawn Yeas - 7 Nays - 0
45. Resolution - 01 -1184 - Approving the release of a slope easement at 1183 Wilson Avenue.
Adopted Yeas - 7 Nays - 0
46. Resolution - 01 -1185 - Accepting an agreement between the City and Waste Management of
Minnesota, Inc. to acquire a permanent sewer easement.
Adopted Yeas - 7 Nays - 0
47. Preliminary Order - 01 -1186 - In the matter of improving an alley in Block 4, Lockey's Addition,
and adjacent Block 1, Lyton's Addition (bounded by Lyton Place, Sylvan, Atwater, and Stellar Streets)
by grading and paving with bituminous material, and setting date of public hearing for November 28,
2001. (File 418945)
Adopted Yeas - 7 Nays - 0
48. Preliminary Order - 01 -1187 - In the matter of opening and extending the alley in Block 4, Lockey's
Addition, and adjacent Block 1, Lyton's Addition by condemning and taking a permanent easement for
alley purposes near Stellar Street and Lyton Place, and setting date of public hearing for November 28,
2001. (File 418945E)
Adopted Yeas - 7 Nays - 0
49. Preliminary Order - 01 -1188 - In the matter of condemning and taking easements in the land
necessary for slopes, cuts and fills, in the grading and paving of an alley in Block 4, Lockey's Addition
and adjacent Block 1, Lyton's Addition (bounded by Lyton Place, Sylvan Street, Atwater Street and
Stellar Street), and setting date of public hearing for November 28, 2001. (File 4189455)
Adopted Yeas - 7 Nays - 0
24. Resolution - 01 -1163 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 1888 Dorothea Avenue.
Councilmember Blakey noted that this resolution pertains to oversized school board campaign signs of
Georgia Dietz. He said he felt it was an issue the Council should take a look at because he did not feel it
made sense that a Federal or State candidate could have a large sign but it was prohibited on the local
level. He requested the City Attorney's Office review the sign ordinance and provide a written report
regarding State and Federal laws relative to election signs. Blakey suggested the resolution be
withdrawn.
Gerry Strathman, Legislative Hearing Officer, reported that he held a legislative hearing on this matter
and all of the testimony received objected to the intent of the ordinance. However, the hearing was about
facts and the facts were clear that the signs in question did violate the existing city ordinance and,
therefore, he denied the appeal.
Susan Kimberly, Deputy Mayor, appeared and said the Administration agrees with Concilmember
Blakey's suggestion that the ordinances be brought into conformity. Their preference is that the
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resolution be passed so there is an established process as to how complaints such as this will be handled
in the future. This is the first time this issue has gone through the process and there was questions about
timing and enforcement and the Administration feels this will set the appropriate precedence.
Councilmember Coleman moved approval.
Adopted Yeas - 7 Nays - 0
28. Resolution - 01 -1167 - Memorializing the capital bonding projects submitted for consideration in the
Governor's 2002 Budget.
Councilmember Lantry presented a substitute resolution which included Metro State Library as a
support item.
Councilmember Lantry moved approval of the substitute resolution.
Substitute adopted Yeas - 7 Nays - 0
31. Resolution - 01 -1170 - Amending the budgets of a number of Community Development Block Grant
(CDBG) funded activities.
Bob Hammer, Department of Planning and Economic Development, appeared and explained that this
resolution takes money from the Community Development Block Grant (CDBG) and reallocates it into
projects that need funds. This type of thing is done two to three times per year as requests come up
which is the purpose of having a contingency fund. As projects need funds, they try to move projects
into those areas and when projects are ready to be closed out or have been completed, they are closed
out in the same manner.
Councilmember Benanav asked about the $892,000 from the Jimmy Lee Rec. Center. Mr. Hammer
responded that the project cannot go forward with CDBG funds as originally anticipated. It was
originally budgeted for construction of the project. In conversations with staff from Housing and Urban
Development (HUD), it was discovered it would substantially increase the cost of the project. Prior to
now, it was funded with CIB bond funds and CDBG money was going to go in on the end to help build
the rec. center. It would cost the city an estimated $3 million dollars to complete the project had the
CDBG funding been left in the activity. PED met with the Budget Office and Financial Services and
agreed to remove that money and use it for other types of activities along the same nature of public
improvements. That is identified in the Rice Street Library and public facilities renovation which is the
new roof for the Martin Luther King Center.
Councilmember Benanav asked how the Jimmy Lee Rec. Center will now be funded. Mr. Hammer said
he thought it will show up in the "out funding" in 2004 -05 in the CIB budget
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
33. Resolution - 01 -1172 - Allowing the Division of Parks and Recreation to enter into negotiations with
Environment Wood Supply to operate and manage the City's Wood Recycling Center.
Councilmember Lantry moved to amend the resolution on Page 1, Lines 26 and 27.
Adopted as amended Yeas - 7 Nays - 0
34. Resolution - 01 -1173 - Approving a budget amendment to the City Council Fringe Benefit Account
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for part of the cost of a pension increase for former City Councilmember Leonard Levine mandated by
legislation passed by the State of Minnesota.
Councilmember Lantry moved to lay over one week as there were still questions to be answered
regarding.
Laid over to November 14 Yeas - 7 Nays - 0
FOR DISCUSSION
50. Resolution - 01 -1150 - Approving an amendment to the Police Department's 2001 budget in order to
repair and upgrade their Records Management System and to obtain 115 mobile laptop computers. (Laid
over from October 24)
Susan Kimberly, Deputy Mayor, appeared and said the Administration supports the substitute resolution
which was distributed. The resolution accomplishes the change at a reduced amount of money.
Council President Bostrom explained that on October 24 a resolution was introduced to get the Police
Records Management System started at a cost of $833,000. From discussions with the Administration
and the ability to handle it is the reason a substitute resolution was prepared. It takes the first $350,00
and reallocates it from the current police budget in 2001. It also takes $66,125 from the fund balance
which allows them to purchase mounting docking stations for the squad cars and begin the process of
installing new computers. Because the RMS system won't be done until early in the year, the computers
will not be needed until shortly after the first of the year so it can be part of the 2002 budget. The
Administration has indicated that they will put in a budget technical amendment to cover that and
instead of purchasing computers they will lease them on a three year plan.
Susan Kimberly said the reason the Administration would support accelerating the project is that it
should increase productivity by police officers.
Councilmember Benanav moved approval of the substitute resolution.
Substitute introduced and adopted Yeas - 7 Nays - 0
58. Report from the Administration and the Police Department regarding their practice of having
FORCE and other police officers performing Code Enforcement responsibilities. (Report requested by
the City Council on October 24)
Susan Kimberly, Deputy Mayor, appeared and noted that two weeks prior a resolution was adopted
requesting a review of the police role in Code Enforcement and the Administration agree that they
would bring the appropriate police officials before the Council for a discussion. She reminded the
Council that the Administration's position on this issue is that what FORCE is doing is something the
Administration believes is worth trying and they would like to see it continue at least for the remainder
of the year.
William Finney, Police Chief, appeared. He posed the question of why the Police Department would
look at nuisance properties and seek to address those issues and whether it is part of the Police
Department's authority to do so. He directed the Council to Administrative Code Chapter 45. The Police
Department recognizes that often some properties are over - represented with the use of police resources.
Because they keep getting calls back to certain properties, a lot of police response time is used up so that
other proactive matters such as patrol, etc. cannot be accomplished. When civilians were placed in the
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communications center, a decision was made to put the police officers that were there into a FORCE
unit to address those issues and it has been a wonderful success, Finney said. Often during that process,
they do housing code inspections, usually as a result of some criminal action that has occurred in the
property. There is a housing code inspector who resides in that part of the Police Department within the
FORCE unit and that has been successful.
During the year they often perform (HEAT) (heavy enforcement activities for thirty days) (HEAT).
Police officers are placed in certain "hot areas" of the city placing a great deal of heat on a particular
activity.
In that vein, and recognizing that throughout the City there are certain properties that still use up a great
deal of resources, Chief Finney said he asked the Police Department to identify in each of the three
precincts of the city the properties that are the most egregious to the officers that are seeing them on
patrol. In the Eastern Ddistrict 16 properties are identified, 11 in the Central District, and 10 in the
Western District.
Chief Finney said it was important to make the distinction between what police officers do as opposed to
what Housing Code inspectors do. Police officers driving past a property can see elements of public
nuisance. Often the properties that are public nuisance are the same properties where they have
individuals that frequently come in contact with the law.
The Police Department has been working in concert with Code Enforcement Officers. In the Eastern
District where 16 properties were identified, 80% of them have been closed and cleaned up. Of the 11
properties identified in the Central District, over half were closed and cleaned up. In the Western
District, of the 10 properties identified 40% were cleaned up. Of the 16 properties in the Eastern District,
some of them were responsible for as many as 37 calls during the year. In the Central District, 21 calls
per year, and in the Western District some of the properties were responsible for 88 calls which is only
police service calls. It seems like an appropriate target for police resources, Finney said.
The police officers do not go inside the property unless they are called there for another reason and that
they see it's a trash house. They are identifying the properties they can see from the street that are in
violation of the codes and the law. Chief Finney said he has had considerable discussion with Housing
Code inspectors and they understand that they don't have the resources to do what is necessary to handle
some of the properties. They too understand that the role of the Police Department is one that support
them in their job of cleaning up the properties.
Chief Finney clarified that they have not incurred any overtime costs doing code enforcement. Also,
they have not had to write one citation. They only have a uniform police officer go to the door, point out
the problems, and tell them to clean it up or they would be back with a criminal citation. They are also
told that Code Enforcement would be out to take a closer look at the rest of the property. The Chief said
he felt this was a good use of police resources and that it saves them additional costs for service. He said
he fully expects the properties that they have taken action on will not continue to be problems.
Councilmember Lantry said it was her understanding that the FORCE unit has always kept track of
properties that have excessive consumption of police services so they should have been identified before
hand and it should have been no surprise that some of the properties had numerous calls. The Council
has tried to add resources to Code Enforcement because they do not have enough inspectors. She said
she was not sure that the concern was necessarily that overtime is being spent on doing code
enforcement activities but rather that they are using overtime to do their regular jobs. She questioned
how the police officers can do their regular activities plus take on another task within the same period of
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time.
Chief Finney clarified that the 37 calls included several individual properties that had many calls. It is
not a change of policy but an increase of the focus. This is the job of the Police Department empowered
by the City Council, Administrative Code, City and State law and it clearly is the job of every patrol
officer in the City of St. Paul.
Councilmember Blakey said he supports what the Police Department is doing and they need to keep
doing community policing.
Councilmember Coleman said after hearing the Chief explain why this is being done, he agrees with
what he has proposed and what they have been doing. He suggested the Council go back on record in
support of this activity.
Councilmember Harris moved to reconsider and withdraw Resolution 01 -1151 which was adopted on
October 24, 2001.
Reconsidered Item:
Resolution - 01 -1151 - Requesting the Administration, Police Department and Code Enforcement to
work in cooperation with the City Council to develop clear policies and procedures to use limited Code
Enforcement and Police resources in the most efficient manner and also requesting the Administration
and the Police Department to cease the practice of having FORCE and other police officers performing
Code Enforcement responsibilities.
Withdrawn Yeas - 7 Nays - 0
51. Resolution - 01 -1073 - Moving funds out of contingency to execute a contract with Stellent, Inc. for
e- Government Initiative. (Laid over from October 24)
Susan Kimberly, Deputy Mayor, appeared. She reminded the Council that last year it was agreed that it
was time to bring the City's Web site up to state -of -the -art not just because it looks good but because it's
a good investment, it increases productivity, and is more important to the City since the September 11
terrorist attacks. She said this will get the city back on track and bring the improvements needed. It is a
prudent investment, Kimberly said, and she urged the Council to make the investment.
Sean Kershaw, Department of Planning and Economic Development, E- Government Project Manager,
appeared. He said approximately 18 months were spent working on this project. Last year a road map
was completed and in January the Council took action saying that it's a priority of the Mayor and City
Council to use the Web to deliver services to citizens. The current Web site was inadequate to achieve
those goals and funds were set aside to complete the implementation plan and to come back after a
vendor was selected and put a funding strategy in place. An RFP (Request for Proposal) was issued in
June and 24 responses were received. Staff has selected a vendor and put together a funding strategy for
the remaining $800,000.
Mr. Kershaw pointed out that the resolution is a budget item in the amount of $800,000. Some of that
would be used for both software and hardware improvements that would benefit the entire system and
address some of the security issues that were raised in a letter from Councilmember Blakey.
Councilmember Coleman moved approval.
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Councilmember Blakey said his focus has recently changed to the issue of public safety. He indicated
that he met with Al Bataglia, Fire and Safety Services, Emergency Response and some of the issues that
will be facing the City are going to have big budgetary implications. Councilmember Blakey moved to
lay over to December 26 in order to have an opportunity to take a look at the issues of hazardous
materials saying that training will be required as well as suits, and there are issues with communication.
The budgetary information is very important so the Council will know what impact it will have on the
city. The number one thing right now is to insure that people feel comfortable so if there were an
emergency, the city will be prepared to act with certainty and a sense of confidence. He said he does not
want to see the budget spread to the point of not having enough funds. He feels there has to be a re-
emphasis on what the priorities are and he feels public safety is the big priority.
Councilmember Coleman stated that this is money that was set aside for e- government and they are not
going into Fund Balance which is quite healthy. There is money available if there were an emergency
situation that required additional funds. This can also be looked at as a way to aid the city's efforts if
there was a situation that needed response. A good, highly functioning, easy to use Web site for the city
is the best way to disseminate information and keep the citizens informed of what to do and where to go
if there is a problem.
Councilmember Harris questioned what is deficient with the current Web site. Mr. Kershaw responded
that they are trying to do too much with something that cannot support it both from a technical and a
staff management standpoint. One of the advantage of the 18 -month process they went through is that
staff realizes how useful the Web can be to provide information to citizens. Now it is also being used to
deliver services such as basic permits, etc. There has been an increase in demand for people putting
information services on -line. The way the Web site is currently structured, Webmasters are relied on to
get the work done which is a big bottleneck. There is a great inconsistency in the functionality and the
ease of finding information and it is also very difficult to get information out and keep it timely. With a
content management approach which has been recommended, staff, with essentially a word processing
skill set, can update and post information to the Web so there will be more information available and
more accurate, easier to find information. He said it's an immediate benefit both to staff and to the
citizens.
Mr. Kershaw pointed out that there is a cost to delaying the project. The longer they wait to implement
and delivery the e- government services, there is a chance they will have to re -do some of that process or
the value of what they have already invested is lost or diminished. Also, this is a great time to be buying
this type of product and services. The price they have is better than what was anticipated.
Councilmember Blakey moved to lay over to December 26.
Laid over to December 26 Yeas - 6 Nays - 1 (Coleman)
Susbension Item:
Councilmember Blakey moved suspension of the rules and approval of the following resolution:
Resolution - 01 -1209 - Approving the canvass and declaring the official results of the City General
Election held on Tuesday, November 6, 2001.
Adopted Yeas - 6 Nays - 0 Abstention - 1 (Benanav)
(Harris left the meeting)
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52. Resolution - 01 -353 - Ordering the owner to remove or repair the building at 843 Rice Street within
fifteen (15) days from adoption of resolution. (Laid over from September 5) (Legislative Hearing
Officer recommends approval)
Councilmember Reiter stated there were problems with the title on this property and he moved to lay
over four weeks.
Laid over to December 5 Yeas - 6 Nays - 0 (Harris not present for vote)
(Harris returned)
53. Resolution - 01 -1028 - Ordering the owner to remove or repair the building at 850 Sims Avenue
within fifteen (15) days from adoption of resolution. (Laid over from October 24) (Legislative Hearing
Officer recommends approval)
Gerry Strathman, Legislative Hearing Officer, reported that a hearing was held on this matter and at that
time the owner testified that she felt she had completed at least half of the work on the property. On
October 24, the Council laid the matter over with a request that the progress of the work on the property
be assessed. Steve Magner, City Building Official, submitted a letter indicating that he repeatedly
attempted to contact the property owner via phone calls and personal communications and he received
no response. Some small permits were pulled and some work has been done but it was his assessment
that the work is no more than 20% complete. Under the City Code, work must be at least 50% complete
in order to qualify for an additional extension.
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
54. Resolution - 01 -1116 - Revoking the licenses held by James McMurrary, dba Jimmy Mac's,
including Liquor On -Sale and Sunday On -Sale Liquor, 756 Jackson Street. (Lapse in liquor liability
insurance) (Public hearing held and laid over from October 24)
Councilmember Reiter moved to lay over two weeks.
Laid over to November 21 Yeas - 7 Nays - 0
55. Determine whether adverse action should be taken against licenses held by James McMurray, dba
Jimmy Mac's, 756 Jackson Street based on two or more reports within a twelve- month period of the
unlawful use or handling of firearms, assault weapons or knives on the licensed premises. (Public
hearing held and laid over from October 24)
Councilmember Reiter moved to lay over two weeks.
Laid over to November 21 Yeas - 7 Nays - 0
56. Resolution - 01 -985 - Denying the Renewal Application for a provisional Taxicab Driver's License
by Margaret M. Outwater. (Public hearing held and laid over from October 24)
Councilmember Reiter moved to lay over two weeks.
Laid over to November 21 Yeas - 7 Nays - 0
56a. Resolution - 01 -1193 - Adopting the 2001 Large Neighborhood STAR Loan and Grant Program.
Councilmember Lantry presented a substitute page containing a revised budget of STAR funds. Due to
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mis- communication between the applicant and PED, a project in Ward 7 was deleted and will now be
reinstated.
Councilmember Benanav said he had questions about some of the proposals and he suggested the
resolution be laid over in order to allow him more time to discuss his concerns with Bob Hammer, the
STAR Coordinator.
Councilmember Blakey expressed concern about the layover as people were present at the meeting to
hear if their projects were approved or not.
Bob Hammer, Department of Planning and Economic Development, STAR Coordinator, also said there
would be a problem with a layover since notification was sent to all the applicants that the Council
would be considering action on this date.
Councilmember Benanav asked Mr. Hammer to identify the projects that may be in jeopardy and return
later in the meeting with a report.
Councilmember Benanav moved to lay over Project 01 -103 and approval of the balance.
Berry Brinberg, Northco Real Estate Services, representing the Minnesota Police and Peace Officers
Association, appeared and stated that their purchase of the building and the subsequent sale to the
YWCA are all contingent.
Councilmember Benanav said his concern was that there were a lot of good projects that were not
approved including housing projects. He questioned if the Peace Officers Association could find funding
elsewhere. He felt it was important to make STAR money available to organizations and groups that
have difficulty finding resources elsewhere. He asked Mr. Brinberg if the contingency could be
extended. Mr. Brinberg said they have extended it based on when they initially thought the hearings
would be. For reasons of winter conditions and the sellers of the building at 327 York looking to get
their money and trying to move into a building, it would delay the Y in terms of some of their funding
and it would be very difficult to get a further extension.
Councilmember Benanav said he felt it was bad policy to give STAR money to groups that might be
able to find other funding. Mr. Brinberg said the MPPLA HAS outgrown their present facility and there
is no room for expansion. The facility they are buying is an office warehouse facility and will need
rehabing which is not financially feasible for them to do. They are also seeking bank financing of
approximately $400,000 to $800,000. The overall project is approximately $2 million.
Councilmember Blakey expressed concern about a layover based on the time sensitive nature of this
project. He suggested in the future there should be a way where the Council could review what is
proposed before it actually comes up for a vote
Vote on Councilmember Benanav's motion to approve the resolution with the exception of 401 -103
Failed Yeas - 2 Nays - 5 (Bostrom, Blakey, Coleman, Harris, Reiter)
Councilmember Coleman moved approval.
Adopted Yeas - 7 Nays - 0
(Benanav left the meeting)
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57. Update from the Department of Planning and Economic Development on the current status of the
Arcade Street Study Area. (Update requested by the City Council on October 24)
Rich Malloy, Department of Planning and Economic Development planner in charge of this project
appeared. He noted that this project began in July, 2001, and they started working with the District
Council, Payne- Arcade Business Association, and the East Side neighborhood on a Small Area Plan and
a 40 -Acre Study for the Arcade Street Corridor. During the period of July and August, they worked with
District 5 on the housing area of the project as they wanted to do it all together as a Small Area Plan. In
September, they started working with the Planning Commission and on October 5 the resolution was
initiated to start the Arcade Street Small Area Plan which was adopted by the Planning Commission on
that date. Currently, District 5 is holding meetings with other organizations in the community to
assemble a task force that will conduct planning activities. The intent is to have a final draft of the Small
Area Plan ready for review in May and adoption of the Plan by summer.
58. (Discussed earlier in the meeting)
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 PA UL LEGAL LEDGER
59. Final Reading - 01 -348 - An ordinance amending Saint Paul Legislative Code Chapter 376 to
eliminate the controls on the number of taxicab vehicle licenses and establishing additional requirements
for new vehicle taxicab licenses. (Laid over from August 1)
Councilmember Coleman moved approval.
Adopted Yeas - 6 Nays - 0 (Benanav not present for vote)
60. Final Adoption - 01 -400 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code
reclassifying taxicab vehicle as a Class R license instead of a Class N license. (Laid over from August 1)
Councilmember Coleman moved approval.
Adopted Yeas - 6 Nays - 0 (Benanav not present for vote)
61. Final Adoption - 01 -1011 - An ordinance amending the interim ordinance in Council File No. 01-
648 which established the Arcade Street Study Area and which imposed a moratorium on the use of
property in the study area pending completion of the study and any possible amendments to the City's
Comprehensive Plan or zoning ordinances deemed necessary to give effect to the study.
Councilmember Lantry moved approval.
Adopted Yeas - 6 Nays - 0 (Benanav not present for vote)
62. Final Adoption - 01 -1075- An ordinance finalizing City Council action approving the application
Lisa Kamp to rezone property from R -4 (single - family residential) to B -1 (local business) to allow for
combining with an adjacent B -1 zoned parcel in order to construct an accessory garage for the residence
at 395 West Cook Avenue. (Public hearing held September 19)
Councilmember Reiter moved approval.
Adopted Yeas - 6 Nays - 0 (Benanav not present for vote)
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63. Third Reading - 01 -1092 - An ordinance memorializing City Council action approving the
application of Parkway Place Housing, LLC to rezone property from R -4 and B -1 to RM -2 to develop
and operate an apartment project containing up to 114 units for senior residents (more than 55 years of
age) and related activities at the north side of Hudson Road between Johnson Parkway and Frank Street.
(Public hearing held September 19)
Laid over to November 14 for final adoption
64. Second Reading - 01 -1111 - An ordinance regulating the use of lawn fertilizers containing
phosphorus.
Laid over to November 28 for third reading /public hearing
65. Second Reading - 01 -1112 - An ordinance amending Saint Paul Legislative Code Chapter 377 to
prohibit the use of fertilizers containing phosphorus.
Laid over to November 28 for third reading /public hearing
66. First Reading - 01 -1189 - An ordinance approving changes and amendments to Chapter 189, Truth -
in -Sale of Housing.
Laid over to November 14 for second reading
67. First Reading - 01 -1190 - An ordinance placing the position titled City Engineer in the unclassified
service pursuant to Section 12.03.2(H) of the Saint Paul City Charter.
Laid over to November 14 for second reading
68. First Reading - 01 -1191 - An ordinance amending Chapter 21 of the Administrative Code entitled
Officer's Qualification by establishing minimum qualifications for the unclassified position of City
Engineer.
Laid over to November 14 for second reading
69. First Reading - 01 -1192 - An ordinance amending Chapters 87, 91, and 92 of the Saint Paul
Legislative Code pertaining to the rules and regulations of the Saint Paul Regional Water Services as
recommended by the Board of Water Commissioners of the City of Saint Paul.
Laid over to November 14 for second reading
Susbension Items:
Councilmember Lantry moved suspension of the rules and approval of the following resolution:
Resolution - 01 -1210 - Memorializing City Council action taken on October 24, 2001, by suspending
licenses for a period of eighteen days held by Dinner Club 2000, Inc., dba Dinner Club 2000, 1177
Clarence Street.
Adopted Yeas - 7 Nays - 0
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Councilmember Harris moved suspension of the rules and approval of the following resolution:
Resolution - 01 -1211 - Denying the Malt On -Sale and Wine On -Sale license applications for Juan Rada,
dba La Hacienda Restaurante, 2467 West 7th Street, for failure to submit the documentation required for
licensure.
Adopted Yeas - 7 Nays - 0
Councilmember Blakey requested the City Attorney's Office provide a written report regarding an e-
mail sent by the Office of Human Resources, stating that City employees needed to use personal time to
vote because it was a local election only.
The meeting was recessed from 5:28 p.m. to 5:50 p.m.
Roll Call: Present - 7 Absent - 0
81. Resolution - 01 -1139 - Establishing No Parking from 8:00 AM - 8:00 PM on Monday through
Friday, Except by Permit, Area 23, on both sides of Princeton Avenue between Cretin Avenue and
Mount Curve Blvd. (Laid over from October 24)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
82. Resolution - 01 -1201 - Establishing No Parking , Except by Permit, Area 15,
on the east side of Mississippi River Blvd. from Dayton Avenue to 1,000 feet south.
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
At this time the Council returned to discussion of Item 56a (Page 15)
PUBLIC HEARINGS
70. Public Hearing on the 2002 City and Housing and Redevelopment Authority Budgets, City Service
Levels and the Housing and Redevelopment Authority Tax Increment Plans.
Greg Blees, City Council Fiscal Policy Director, stated that on August 14, 2001, Mayor Coleman,
recommended to the City Council a proposed Year 2002 City Budget of $507.7 million. After adjusting
for fund transfers and required Year 2003 debt service, the proposed 2002 budget has a net spending
plan of $405 million. The budget for the Housing and Redevelopment Authority (HRA) is $51.8 million,
million for the Water Utility, and $7.8 million for the RiverCentre Authority.
On September 12, 2001, the City Council set the maximum amount of property taxes it can levy for
2002 services controlled by the Mayor and City Council. The amount was $63.8 million and is the same
amount that was levied last year for the 2001 services. The proposed tax levy for the HRA is $840,000
and is the same as last year.
Peter Hames, Director of Finance and Technology Management, presented a budget overview. He said
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when Mayor Coleman presented his budget, his goals were to keep Saint Paul a clean, safe, and
affordable city. Part of the driving force behind that is to make city services fit the revenue streams that
the city has taken in. That has been accomplished for the eighth straight year and there will be no
increase in property taxes. The City's successful programs and services will be continued in the year
2002.
The other part of the budget is the Capital Budget. The Mayor took testimony on the proposals that the
Capital Improvement Budget Committee had taken based upon the work of its three task forces and has
made some adjustments to the proposals that the citizens' group made which included moving the
Farmers Market funding ahead, provide funding for the rebuilding and rehabilitation of the downtown
Central Library's balustrade, move forward the Edgcumbe Playground project, and provide funding for
the Downtown Children's Playground project.
The following individuals appeared and addressed their support for the following projects:
Old Wagon Road
Jack Maloney, 580 Otis Avenue
Hayley Otterness, 548 Otis Avenue
Daniel Otterness, 548 Otis Avenue
Libraries
• Ruby Hunt, 1148 Edgcumbe Road
• Karyssa Jackson, 565D Simpson
• Harold Hebl, 478 W. Arlington
• Celeste Raspanti, 549 Laurel Avenue
• Austin Wehrwein, 2309 Carter Avenue
• Audra Schafer, 1231 St. Clair
• Wendy Moylan, 929 Goodrich Avenue
College Park Tennis Courts
. Robert Munson, 2147 Doswell Avenue
Parks
. Peggy Lynch, 1621 Beechwood Avenue, (Representing the Friends of the Parks)
Councilmember Blakey moved to close the public hearing. Yeas - 7 Nays - 0
71. Resolution - 01 -1194 - Setting 2002 Sanitary Sewer Rates and 2002 Storm Sewer System Charges.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
72. Resolution - 01 -1195 - Approving the 2002 Schedule of Water Rates.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
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(Benanav left the meeting)
73. Resolution - 01 -1196 - Approving Street and Alley Maintenance Service for 2002 at basically the
same level as 2001 proposed.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0 (Benanav not present for vote)
74. Resolution - 01 -1197 - Adopting the five recommended 2001 Large Neighborhood STAR Projects,
which fall under the Business Subsidy Legislation.
(Benanav returned)
Bob Hammer, Department of Planning and Economic Development, stated that this resolution contains
the five remaining projects that have been recommended by the STAR Board and the Administration for
approval into the Cycle 7 STAR program. These items qualified under Minnesota State Statute 116J.993
which require a public hearing on those items which receive a business subsidy in excess of $100,000.
Discussion followed on the various projects and Councilmember Lantry said when they come to Cycle
8, she would like the Council to have advanced information of at least one to two months which would
include more details and a presentation on what the different projects are.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
75. Resolution - 01 -1044 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for 969 Ashland Avenue and 882 Seventh Street West. (Laid over from October
17)
Gerry Strathman, Legislative Hearing Officer, explained that the homeowner has placed rocks on the
boulevard for the intention of creating a border for plantings. Public Works staff issued a summary
abatement notice for the owner to remove the rocks. The owner appealed the order, a Legislative
Hearing was held, and Mr. Strathman said he became convinced that while the rocks may not be in
accordance with the city ordinance, the ordinance is widely ignored and rarely enforced. Therefore, he
recommended granting the appeal. Public Works took exception to that recommendation.
Sherry Smith, the property owner appeared. She provided packets of information on this issue to all
Councilmembers. She explained her plans for her plantings and provided numerous addresses
throughout the city where people have various boulevard plantings.
Council President Bostrom said what was troubling him about this issue is that without some kind of
uniformity as to what can be done with boulevards, there is a problem. People can create their plan and
there is no one to review it because there is no standard to review it against. Mr. Bostrom asked Eleni
Skevas, Deputy City Attorney, about liability issues with boulevard rocks. Mr. Skevas responded that
the liability of a City for not taking care of a public area depends on whether the city has received actual
notice or constructive notice of the hazard and whether the action it takes is appropriate with respect to
cleaning it up or correcting it. In general, liability is attributed to the city when the city has actual notice
that there is a hazard present and has not take the appropriate measures to correct it.
Councilmember Blakey said he feels there needs to be uniformity but it cannot be enacted on one
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property; rather, there must be an- across - the -board policy.
(Reiter left the meeting)
Ms. Skevas told the Council in doing some research around this issue she found there was a provision in
the Legislative Code that provided for applications for an encroachment permit wherein the homeowner
who wishes to put something in the public way can make an application to Public Works and they would
review the plan and impose conditions they felt were necessary in order to make it a safe situation. She
said she thought the confusion comes because the Council passed the garden boulevards ordinance
which allows plantings but does not talk about any kind of obstructions. In that ordinance the Council
gave to Public Works the right to take action. It's still subject to Public Works' purview; they don't have
to approve a garden ahead of time. There is also a parallel ordinance that says encroachment permits can
be applied for and can be granted by the Public Works Department if conditions apply. There is an
imbalance in the two ordinances, she said. Public Works still has the duty to create a safe environment
for the citizens, to protect the city from liability, to allow access to watermains, sewers, etc.
Ms. Skevas recommended the Council act on this particular issue and ask Public Works what conditions
can be imposed to make it as safe as possible given the situation. Public Works could also work with the
property owner to apply for an encroachment permit and work out the conditions that will make it safe
in the opinion of Public Works. Further, they could work with the City Attorney's Office to make the
two ordinances tie together.
Councilmember Coleman moved approval.
Adopted Yeas - 5 Nays - 1 (Bostrom) (Reiter not present for vote)
The City Council requested the Department of Public Works and the City Attorney's Office to work
together to establish a policy regarding placement of objects on boulevards in conjunction with
boulevard plantings.
76. Resolution - 01 -1198 - Ordering the owner to remove or repair the building at 299 Arlington Avenue
East within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends
withdrawing the resolution)
Gerry Strathman, Legislative Hearing Officer, stated that a hearing was held on this matter on October
16 and testimony was taken. Code Enforcement Officials indicated that they wanted to deal with this in
a different way and requested it be withdrawn.
(The vote was taken when Councilmember Reiter returned after Item 78)
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and
withdrawal.
Withdrawn Yeas - 7 Nays - 0
77. Resolution - 01 -1199 - Ordering the owner to remove or repair the building at 667 Magnolia Avenue
East within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Gerry Strathman, Legislative Hearing Officer, reported that a hearing was held and no one appeared to
represent the owner; therefore, he recommended approval.
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No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0 (Reiter not present for vote)
78. Resolution - 01 -1200 - Ordering the owner to remove or repair the building at 531 Ohio Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying
over to the November 6, 2001, Legislative Hearing and to the November 28, 2001, City Council
Meeting)
Gerry Strathman, Legislative Hearing Officer, stated there were notification issues so the recommended
layover is to allow the notifications to occur.
Councilmember Coleman moved to lay over three weeks.
Laid over to November 28 Yeas - 6 Nays - 0 (Reiter not present for vote)
(Reiter returned)
79. Resolution - 01 -1027 - Ordering the owner to remove or repair the building at 715 Preble Street
within five (5) days from adoption of resolution. (Laid over from October 3) (Legislative Hearing
Officer recommends granting the owner six months to complete rehabilitation provided the vacant
building fee is paid, a code compliance inspection is conducted, and a $2,000 bond is posted by noon on
October 3, 2001).
Gerry Strathman, Legislative Hearing Officer, stated that all the requirements were met and he
recommended the Council allow six months to complete rehabilitation.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
80. Appeal of Marlene Campbell to a summary abatement order for property located at 2043 Manitou
Avenue. (Legislative Hearing Officer recommends denying the appeal but amending the compliance
date to October 15, 2001.)
Gerry Strathman, Legislative Hearing Officer, reported that this matter involved an abandoned vehicle
and the recommended amendment to the compliance date is to allow the owner additional time to find a
storage place.
No one appeared in opposition; Councilmember Lantry moved to close the public and to deny the
appeal.
Appeal Denied Yeas - 7 Nays - 0
81. Discussed on page 19
82. Discussed on page 19
83. Resolution - 01 -1202 - Approving the petition of the City of Saint Paul to vacate part of Hoyt
Avenue between Flandrau and Kennard Streets and the alley in Block 3, Fred F. Herring's Plat 2 (block
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bounded by Hoyt, Flandrau, Montana and Kennard Streets) to create a dry pond.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
84. Resolution - 01 -1203 - Approving the petition of Frisch Properties to vacate parts of Frank Street,
Wilson Avenue and the alleys in Blocks 5 and 6, H.F. Schwabe's Addition, to accommodate
development of an apartment community for independent senior residents.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
85. Final Order - 01 -1204 - In the matter of improving the alley in Mary McManuss Rearrangement of
Block 22 of Banning and Olivers Addition (bounded by Manomin, Morton, Smith, and Page) by grading
and paving with a bituminous material. (File 41895 1)
Nancy Anderson, Assistant Secretary to the City Council, noted that a request was received from the
Real Estate Office to withdraw Items 85 & 86.
Councilmember Coleman moved withdrawal.
Withdrawn Yeas - 7 Nays - 0
86. Final Order - 01 -1205 - In the matter of condemning and taking an easement in the land necessary
for the slopes, cuts, and fills in the grading and paving of Mary McManuss Rearrangement of Block 22
of Banning and Olivers Addition (bounded by Manomin, Morton, Smith, and Page). (File 418951 S)
Councilmember Coleman moved withdrawal.
Withdrawn Yeas - 7 Nays - 0
87. Final Order In Condemnation - 01 -1206 - In the matter of acquiring property rights necessary to
purchase vacant land owned by the Burlington Northern Santa Fe Railroad (BNSF) located in the Lower
Phalen Creek area. (File 4AE2001 -06)
Peter White, Real Estate Division, appeared and said this is the first step in the process to acquire
property. This Final Order declares that this project has a public purpose and there is a public reason for
buying the property. It authorizes city officials to negotiated and take whatever action is necessary to
acquire the property.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
88. Resolution Ratifying and Confirming Condemnation and Awards of Damages and Assessment - 01-
1207- In the matter of condemning and taking property rights necessary to complete construction of a
pedestrian /bike trail in the area southwesterly of Lexington Parkway and Jessamine Avenue. (File
418952E, aka AE2001 -07)
Peter White, Real Estate Division, requested a layover to December 5.
Councilmember Lantry moved to lay over to December 5.
Laid over to December 5 Yeas - 7 Nays - 0
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89. Public hearing to consider the application of Thomas Dvorak to rezone property from R -3 to RT -1 at
1348 Birmingham Street to construct a duplex.
Patricia James, Department of Planning and Economic Development, presented a brief staff report
saying that this matter involves a proposal to rezone a lot from single family residential to two family
residential. The applicant originally wanted to construct a duplex on the site. The Zoning Committee of
the Planning Commission and the Planning Commission both voted to deny the petition and staff also
recommended denial.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing, deny the
application for rezoning, and adopt the findings and conclusions of the Planning Commission as
contained in their Resolution 01 -79 dated October 5, 2001.
Motion of Intent - Application denied Yeas - 7 Nays - 0
90. Public hearing to consider the application of John and Helen Regenold (representative - David
Engfer) to rezone property from B -3 (single family residential to Rm -2 (multi - family residential) to
allow construction of a 26 -unit senior cooperative at the southeast corder of Idaho ad Arundel Streets.
Yang Zhang, Department of Planning and Economic Development, presented a staff report. She stated
that this area is all residential with a mix of apartments and single family homes. This area is currently
vacant. It is a natural area that has never been developed. Both the Zoning Committee and the Planning
Commission voted unanimously in support as well as the District 6 Planning Council and PED staff.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and grant the
application for rezoning and adopt the findings and conclusions of the Planning Commission as
contained in their Resolution 01 -89 dated October 19, 2001.
Motion of Intent - Application Granted Yeas - 7 Nays - 0
Councilmember Lantry moved to adjourn the meeting.
ADJOURNED AT 7:45 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson December 12, 2001
Assistant Council Secretary
mce
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