Approved Minutes 7-11-2001Page 1 of 15
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, July 11th, 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
• Miscellaneous
• For Discussion
• Ordinances
• Public Hearings
The meeting was called to order at 3:45 by Council President Bostrom.
Present - 4 - Benanav, Bostrom, Lantry, Reiter
Absent - 3 - Blakey (arrived after roll call), Coleman, Harris (both arrived after the consent agenda)
CONSENT AGENDA (Items 1 - 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 CO UNCILMEMER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND
CONSIDERED SEPARATELY.
Council President Bostrom requested Item 11 be removed for discussion.
Council President Bostrom laid over Item 12 for one week.
Councilmember Blakey requested Item 17 be removed for discussion.
Councilmember Lantry moved approval of the consent agenda as amended.
Yeas - 5 Nays -0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Ryan Grubba, William Kromer (State Farm Insurance), Joe O'Connell and Carole Yahnke.
Referred to the Employee /Risk Management Division
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2. Letter from the City Attorney's Office announcing a public hearing before the City Council on July
25, 2001, to consider the report of the Administrative Law Judge concerning the Sign Contractor's
License held by Delite Outdoor Advertising, Inc., dba Delite Outdoor Advertising, Inc.
3. Administrative Orders:
D002042 Amending the Information Services General Fund budget by transferring funds to the
appropriate object codes for the purpose of constructing and furnishing an office space for a Network
Security Administrator position.
D002043 Amending the Information Services General Fund budget by transferring funds to the
appropriate object codes for the purpose of meeting the additional and unanticipated increase in cost for
Novell software maintenance.
Noted as on file in the City Clerk's Office
FOR ACTION
4. Approval of minutes of June 13, 2001.
Adopted Yeas - 5 Nays - 0
5. Resolution - 01 -680 - Approving the 2001 -2002 Agreement between the City of Saint Paul and the
Saint Paul Classified Confidential Employees Association. (Laid over from July 5)
Adopted Yeas - 5 Nays - 0
6. Resolution - 01 -681 - Approving the January 1, 2001 - December 31, 2002 Labor Agreement between
the City of Saint Paul and the Saint Paul Manual & Maintenance Supervisors Association. (Laid over
from July 5)
Adopted Yeas - 5 Nays - 0
7. Resolution - 01 -682 - Approving the Memorandum of Understanding between the City of Saint Paul
and Tri Council (Locals 120, 49, & 132) to increase compensation of certain Park Aides employed by
the City in the Parks and Recreation Department Operations Section and at the Como Zoo and
Conservatory Campus. (Laid over from July 5)
Adopted Yeas - 5 Nays - 0
8. Resolution - 01 -702 - Approving the Maintenance Labor Agreement between the City of Saint Paul
and Operative Plasterers and Cement Masons International Association, Local 633, for May 2, 2001
through April 30, 2004. (To be laid over one week for adoption).
Laid over to July 18 for adoption
9. Resolution - 01 -703 - Approving the application for Malt -on -Sale (Strong), Wine -on -Sale, and
Restaurant Licenses by Margie Cheng, Owner, dba In Cuisine, 917 Grand Avenue. (Legislative Hearing
Officer recommends approval)
Adopted Yeas - 5 Nays - 0
10. Resolution - 01 -704 - Approving the application for Sidewalk Cafe, Malt -on -Sale (Strong) and
Wine -on -Sale Licenses by Padam Sharma, Owner, Sagarmatha Enterprises LLC, dba Everest on Grand,
1278 Grand Avenue. (Legislative Hearing Officer recommends approval)
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Adopted Yeas - 5 Nays - 0
11. (Discussed after the consent agenda)
12. Resolution - 01 -706 - Authorizing the City to access the grant pool established by the State of
Minnesota to obtain TIF grant funding for pre- existing obligations which include eligible projects such
as US Bank and Centex.
Laid over to July 18 Yeas - 5 Nays - 0
13. Resolution - 01 -707 - Authorizing to execute agreement with the State of Minnesota Department of
Natural Resources (DNR) and accepting DNR Cooperative Trail Program grant for construction of the
Swede Hollow- Fourth Street connection.
Adopted Yeas - 5 Nays - 0
14. Resolution - 01 -708 - Approving an amendment to Council File Number 01 -458 correcting the legal
description of the utility easements required for the Ogden /Winthrop sewer construction project.
Adopted Yeas - 5 Nays - 0
15. Resolution - 01 -709 - Approving the naming of Phalen Boulevard between Johnson Parkway and
Clarence Street and between Rose Avenue and Maryland Avenue.
Adopted Yeas - 5 Nays - 0
16. Resolution - 01 -710 - Establishing the rate of pay for the new classifications titled Workers
Compensation Claims Processor and Senior Workers Compensation Claims Processor.
Adopted Yeas - 5 Nays - 0
17. (Discussed after the consent agenda)
18. Resolution - 01 -712 - Amending the 2001 budget in the Risk Management Division by allocating an
additional $50,000 to the Workers Compensation Incentive Program from the Use of Fund Balance in
the General Fund.
Adopted Yeas - 5 Nays - 0
19. Resolution - 01 -713 - Authorizing and executing an agreement with the State of Minnesota effective
July 1, 2001, to June 30, 2003, detailing the terms and limits of City force participation toward the
routine maintenance of the trunk highway system within the City limits of Saint Paul.
Adopted Yeas - 5 Nays - 0
20. Resolution - 01 -714 - Waiving and releasing of the requirements that a 25 foot wide parcel of land
along Como Avenue be dedicated for the purpose of establishing a landscaped green strip.
Adopted Yeas - 5 Nays - 0
21. Resolution - 01 -715 - Authorizing and directing City officials to convey title to a 10.00 strip of land
in the Selby Block purchased for alley purposes in 1912 and vacated in 1922, to the Archdiocese of
Saint Paul and Minneapolis.
Adopted Yeas - 5 Nays - 0
22. Resolution - 01 -716 - Establishing a spending and financing plan in the Police Department for a
Mobile Data Computers grant received from the Minnesota Department of Public Safety in the amount
of $149,000.
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Adopted Yeas - 5 Nays - 0
23. Resolution - 01 -717 - Authorizing the Police Department to enter into an agreement with the United
States Department of Justice for their participation in the Organized Crime Task Force (OCTF).
Adopted Yeas - 5 Nays - 0
24. Resolution -01 -718 - Authorizing the City to enter into a Sub -grant Agreement with the Division of
Emergency Management in the Minnesota Department of Public Safety to recover costs incurred for
severe storms from May 17, 2000 through July 12, 2000.
Adopted Yeas - 5 Nays - 0
25. Resolution - 01 -719 - Approving the changing for the new channel line -up for the Public and
Educational (PEG) access channels for Media One, dba AT &T Broadband.
Adopted Yeas - 5 Nays - 0
26. Preliminary Order - 01 -720 - In the matter of the operation and maintenance costs for the
Arcade /Case and the Grand /Snelling parking lots for 2002 and setting date of public hearing for
September 5, 2001. (File 418744, 18746)
Adopted Yeas - 5 Nays - 0
27. Resolution Approving Assessment - 01 -721 - In the matter of the assessments of benefits, cost and
expenses for the installation of a traffic control signal system at the intersection of Dale Street and
Topping Street and setting date of public hearing for August 1, 2001. (File 418948)
Adopted Yeas - 5 Nays - 0
28. Resolution Approving Assessment - 01 -722 - In the matter of the assessment of benefits, cost and
expenses for the Arcade /Case and the Grand /Snelling parking lots operation and maintenance costs for
2002 and setting date of public hearing for September 5, 2001. (File 418744, 18746)
Adopted Yeas - 5 Nays - 0
11. Resolution - 01 -705 - Honoring Arthur Payne, school teacher, for mentoring students each year in
preparing them for advanced science competition at regional and State levels, and proclaiming July 11,
2001, to be Arthur Payne Day in the City of Saint Paul.
Council President Bostrom read the resolution honoring Mr. Payne and extended the Council's gratitude
for Mr. Payne's hard work and dedication to the students. Mr. Payne responded with thanks and
appreciation for the recognition.
Kathy Katzmarck, appeared on behalf of St. Paul Superintendent of Schools Dr. Harvey and said a few
words about Mr. Payne and his work with the students.
MISCELLANEOUS
52. Recognizing Saint Paul science students participating in the regional and State Science Fair
Competition.
The students introduced themselves to the Council and said what each of their science projects was for
the competition. Councilmembers presented certificates of recognition to the students from their
respective wards.
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Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
Suspension Item
Council President Bostrom and the City Council recognized The Saint Paul Fire Honor Guard for
winning a gold medal for their participation in the Honor Guard Competition at the 9th Biennial World
Police and Fire Games on June 15, 2001, in Indianapolis, Indiana.
One of the members extended thanks and appreciation on behalf of the Honor Guard to the
Administration, Local 21, the District Fire Chiefs, and everyone in the Fire Department. He presented
Council President Bostrom with a picture of the Honor Guard. Mr. Bostrom expressed thanks and
appreciation on behalf of the Council. A picture was also presented to Deputy Mayor Susan Kimberly.
Fire Chief Timothy Fuller and Police Chief William Finney appeared and extended their congratulations
to the Honor Guard.
17. Resolution - 01 -711 - Establishing the rate of pay for the unclassified position of Administrative
Manager - Fire and Safety Services Department in Grade 46 of the Fire Supervisory Standard, Employee
Group 40 Salary Schedule.
Councilmember Blakey said it was his understanding that a good portion of the salary for this position
would come from grants. He requested an update on the status of those grants.
Chief Fuller appeared and said that the Fire Department was anticipating grants in the amount of $100
million from the Fire Act. They applied for a grant of approximately $265,000. Administrative costs are
involved in that amount. Unfortunately, he said, they have not yet received a response to the application.
It was Fuller's understanding that there has been $200 million in requests from the fire service
nationally. Currently, there is no grant money paying for the Administrative Manager position, he said.
Ted Vanderbeek, Fire Equipment Operator, is now on special assignment and performing the duties of
Administrative Manager.
A grant in the amount of $100,000 was secured, in cooperation with the County, for the training center
but there was not money in there for this particular position. They are now trying to fit it into the 2002
budget.
Councilmember Blakey asked how the position will be paid if the grant dollars do not come in. Chief
Fuller said they are trying to identify some revenue. They are anticipating there will be grant money
available in 2002.
Councilmember Benanav requested the Chief provide the Council with information on other grants that
have been obtained as a result of this position; i.e., what this position has worked on, how many grants
have been applied for, how many have been obtained, etc.
Chief Fuller responded that information will be provided as to what the benefits have been from having
this position both in grants, public service announcements, etc.
Councilmember Reiter moved approval.
Adopted Yeas - 7 Nays - 0
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FOR DISCUSSION
29. Resolution - 01 -397 - Requesting that the Mayor's Administration, through the Fire Chief, develop a
management plan and reorganization chart that will eliminate the need for overtime and report back to
the City Council on May 23, 2001. (Laid over from June 27)
Fire Chief Fuller said a memorandum was sent on June 18, 2001, outlining what has been done in
previous years to address the issue of reorganization. He said the Fire Department will not be able to
eliminate overtime entirely. They have 30 vacancies at the fire fighter level and until they come up to
authorized strength, there will be overtime in those ranks. In the area of the District Chiefs and Chief
Officers, there is a need for overtime in order to maintain the command and control at emergency
incidents, to have people there with operational experience and command experience.
Since this discussion began, Chief Fuller said they have been looking at the overtime issue and currently
the chief officer rank is at a point where there is $25,000 less in overtime spending from the year 2000.
The plan is to go with the organization as it is. From an operational and administrative standpoint, it
functions well for them and insures a safe operation at fire scenes and they are able to manage it from
the personnel perspective.
Councilmember Blakey said he would still like to see if there is a way to lower the amount of overtime.
He asked if any analysis has been done on going to two districts to see if that would help with cutting
back on overtime and the amount of money being spent. The Chief responded that when the geographic
districts were reduced from four to three, it was determined that the span of control of those chief
officers was probably at its limit. They feel that right now the response time for a chief officer or
incident commander to arrive on a scene is at its maximum in order to maintain operational control of
the scene and to insure the safety of the firefighters. Going to two districts was part of the discussion and
the decision at that time, based on analysis, was that three districts would be the minimum that the
district chiefs would be able to handle. Chief Fuller said he could provide the Council with the rationale
of span of control. Under the circumstances, the analysis that was done in 1997 was based mostly on
their experience and history and what they can determine the effective span of control is for the chief
officers. Chief Fuller said he would not at any time recommend going to two districts
They presently have a very inexperience fire department, Chief Fuller said. There are times when
instinct, experience, etc. play a major role in handling and extinguishing a fire and managing the scene
effectively. Although they have always functioned within the salary budgeted, Fuller said they have not
overspent in salaries, whether overtime or otherwise, as there are ways that they have always tried to
balance their fiscal responsibility with their responsibility to respond effectively.
Councilmember Blakey said his main concern is the cost and he feels it has to be looked at. He
questioned why more fire captains would not be used with the opportunity to gain more supervisory
experience.
Chief Fuller reiterated that they are already making some adjustments to the 2000 spending in 2001
where they are on a course of spending $25,000 less in overtime. When a decision is made to have
someone work overtime versus out -of- title, it is a daily decision. That information is based on the
experience level of those firefighters on the companies, the experience level of the captains, and the
experience level of the district chiefs. There are three district chiefs and Fuller said he has had a policy
that says they will only have one captain working out -of -title as a district chief. One of the things they
have done is identified experienced captains who would be available to work out -of- title. They had 72
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captains work out -of -title last year but he felt it will be higher this year.
Councilmember Blakey said in the current contract language for fire supervisors, $97,000 is granted for
overtime for current managers. He questioned if a minimum amount could not be specified in the
contract so the Fire Administration could more freely use out -of -title pay. Chief Fuller responded that it
is something that would probably best be addressed at the collective bargaining table and in a less public
setting.
Katherine Megarry, Director of Labor Relations, appeared and said they will discuss any identified
issues during contract negotiations.
Councilmember Blakey moved to withdraw the resolution.
Withdrawn Yeas - 7 Nays - 0
30. Resolution - 01 -398 - Requesting that the Mayor's Administration, through the Labor Relations
Department, negotiate out the mandatory overtime for Fire District Chiefs in the 2002 contract
negotiations. (Laid over from June 27)
Councilmember Blakey moved to withdraw.
Withdrawn Yeas - 7 Nays - 0
31. Resolution - 01 -520 - Establishing a policy prohibiting racial profiling by the City of Saint Paul
Police Department. (Laid over from June 20)
Marcia Moermond, Policy Analyst, Council Research, explained the substitute resolution which was
brought before the Council. She stated that Council Research staff reviewed the policy resolution that
the Council began considering in June and suggested a number of minor technical changes which she
explained.
Councilmember Reiter said on Lines 41 -42 he felt language should be included pertaining to Southeast
Asian and Hispanic organizations that would have some input. Also, he said he was not supportive of
having police officers provide business cards to people in vehicles that are stopped.
Chief Finney said he felt the business cards were a good idea. He said the officers did not have a
concern with the cards but rather with the early warning system; whether that would adversely affect
their opportunities for promotion and their job performance. The early warning system has existed for
several years and there has been no adverse effect to this point, Finney said. While it is something that
management would look at, he did not see it as something that would be a barrier they could not
overcome.
Councilmember Reiter again raised the issue of the business cards noting that the officers wear an ID
badge and in a lot of cases some already give out a business card, but he did not agree with making it
mandatory. He raised concerns from a safety standpoint.
Chief Finney said he understood Reiter's concern but he explained that he was ok with it and as a
management tool he felt it was a small thing for officers to do. It will be monitored and if officers are
unduly harassed by handing out business cards, they will modify the practice. However, he was
confident there will not be an adverse effect.
Councilmember Blakey said he feels the distribution of business cards is a simple thing to do and if it
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results in a strong trust factor between the police and the community, he felt it was good.
Discussion ensued regarding what particular groups should be included in on -going discussions. The
following language was agreed to on Page 2, Line 40 of the resolution:
Resolved, that the Saint Paul City Council hereby requests the City Attorney's Office and City Council
Research to 1 review the negotiated agreement between the Saint Paul Police Department and the local
chapter of the NAACP; and 2) monitor on -going discussions between these parties and other interested
groups in the communities such as Southeast Asians and Hispanics which have joined the discussions in
order to determine the feasibility and advisability of making the statements contained therein City
policy, via codification or other means by September 12, 2001; and
Councilmember Colman commended Chief Finney for the incredible leadership he has provided on this
issue. It is a difficult issue, Coleman said, but the Chief has been an example to the State of Minnesota.
Councilmember Blakey moved approval of the substitute resolution as amended.
Substitute introduced, amended and adopted Yeas - 6 Nays - 1 (Reiter)
34. Resolution - 01 -684 - Directing Council Research to develop by Avgvst 4 September 5 , 2001, in
consultation with the Police Department and Administration, a proposal for a program to educate
members of the community on the provisions of the SPPD/NAACP agreement, specifically the consent
search advisory. (Laid over from July 5)
Chief Finney said he felt a public education program is very necessary to let people know what their
rights are. The Police Department has entered into discussions with the NAACP for them to help train
both the Police Department and the outside.
Councilmember Harris questioned if this is going to cut into other projects that Council Research has
going at this time or if it is something the Administration can handle on their own. Marcia Moermond,
Council Research, responded that there was an initial meeting when Councilmember Blakey's request
came in to look at this education program to develop a grant program. Ms. Moermond said she,
Councilmember Blakey, and Greg Blees, Fiscal Policy Director, discussed it and it was not clear at the
time whether a one -year grant program to some organizations would be appropriate or if a public
information campaign would be an appropriate venue for communicating it, City Marketing, or if it is
something that should be added to driver's education courses within the City. She said they were not
clear about the appropriate course of action and felt they needed to meet with staff from the Police
Department and other interested parties to determine what kind of programing was necessary and what
sorts of financial investments would be required on the City's part. They did not forecast that this would
involve anything more than a small amount of Council Research time convening a discussion group and
that the Administration is ultimately responsible for bringing forward specifics on the proposals to the
Council.
Councilmember Reiter asked if "other minority groups" should be included in this resolution as was
done in Item 31.
Councilmember Bostrom said he felt the last resolve of the resolution speaks to everybody and there
was not a need to include specific groups.
Councilmember Bostrom questioned if August 1 would allow enough time to accomplish this and it was
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agreed to amend the date to September 5.
Councilmember Blakey moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
(Coleman and Harris left)
32. Report from the Office of License, Inspections and Environmental Protection regarding their
inspections of sanitary and health conditions at Hardee's of Midway, 369 Hamline Avenue North.
(Requested by Council on January 12, 2000)
William Gunther, Office of License, Inspections and Environmental Protection, (LISP), distributed a
summary sheet of inspections conducted at Hardee's of Midway which was briefly reviewed. A letter
was also included from Hardee's in which they state they have totally changed their management
structure and the employees. An arrangement was worked out, with the assistance of the City Attorney's
Office. It was recommended that this would probably be a better solution since the idea was to get this
establishment working right. Mr. Gunther said cleaning is still a problem but cleanings are not critical
items.
Councilmember Lantry said after 1 -1/2 years, one would think there would not be any violations. She
asked if restaurants always have something that is not right. Mr. Gunther responded that it is very
unusual for an establishment to have no violations. Two to five, and even up to ten violations, is normal.
The food code is very specific in what it requires and it is very easy to have a minor violation
(Harris returned)
Councilmember Benanav noted that there were on -going occurrences of critical violations and, under the
circumstances, he said he would have expected to see a clean report -- better than the usual restaurant.
He said he is still not satisfied with the report
Mr. Gunther explained the meaning of critical violations citing that a dripping faucet is considered a
critical violation. The violations are defined by State food code whether they are critical or non critical.
Mr. Benanav said he felt there should be further discussion and try to determine what can be done. He
suggested the Council may want to look at imposing a 30 -day penalty at some point.
(Blakey left)
Councilmember Lantry expressed concern about the amount of staff time that has been expended
inspecting this establishment. Mr. Gunther said the City received a penalty payment from Hardee's in
the amount of $2,300.
(Coleman returned)
Mr. Gunther said they are at the end of their monthly inspections which was an 18 -month period.
Councilmember Reiter questioned Mr. Gunther if they felt satisfied that Hardee's has come back to a
point where people can feel comfortable eating there. Mr. Gunther said he asked the inspector the same
question and the response was that they're ok. He said his feeling is that the district inspector is the best
expert
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Mr. Gunther suggested that they could schedule a time to have representatives from Hardee's address
the Council on this matter. Mr. Benanav said he would discuss the issue further with Mr. Gunther.
33. Update from the City's Lobbyist or Administrative Staff on the entire Saint Paul Legislative
Package. Also, an update on the following issues and what impact they may have on the City, as well as
any other bills that were passed that may impact the City: 1) the bill eliminating the need for consent of
property owners for rezoning within 100 feet in cities of the first class; 2) the bill eliminating the super
majority in rezoning cases (now, instead of five, four votes are needed to rezone); 3) the bill to allow
repair of non - conforming uses. (Requested by Council on July 5)
A handout pertaining to the Legislative Package was distributed to the Council and reviewed by Mike
Campbell, Mayor's Office. The discussion was continued to the July 18 Council meeting.
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
CO UNCIL AND 30 DAYS AFTER P UBLICATION IN THE SAINT PA UL LEGAL LEDGER.
35. Final Adoption - 01 -612 - An ordinance adopting zoning ordinance amendments related to the White
Bear Avenue Small Area Plan and 40 Acre Study.(Amended and laid over from July 5)
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
36. First Reading - 01 -723 - Establishing the position titled Administrative Manager -Fire & Safety
Services Department as specified by Chapter 12 of the City Charter, Section 12.03.2(H).
Laid over to July 18 for second reading
Suspension Item
Clayton Robinson, City Attorney, appeared. He stated he was proposing to the Council that a resolution
be adopted in order hire outside counsel in the matter of the State v. Thomas R. Berkelman. He noted
that the Administrative Code and the City Charter authorize the City Attorney's Office to have full and
complete control of all the City's legal affairs. However, at the City Attorney's request, the Council has
the authority to appoint outside counsel in special or unusual circumstances. Mr. Robinson said that after
he reviewed the matter he determined that it was appropriate to request the Council to appoint Donald
M. Lewis to represent the City's interests in this matter in order to preserve the public integrity of the
handling of this matter fairly and impartially without regard to anything except performing duties as
ethically and responsibly as possible as well as recognition for the defendant.
Councilmember Coleman expressed concern that the City was going to incur a big expense with this
case. He felt the investigation that the Ramsey County Sheriff is conducting is inappropriate and not
based on any found judgment on their part. He questioned why the City is being put in a position where
it has to expend the kind of money it will take to pursue what he called a rather routine criminal matter.
Mr. Robinson responded that he assumed the County Sheriff has a legitimate basis for conducting his
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investigation. He said he did not feel it was going to be a high expenditure of City funds as it is basically
routine.
Councilmember Coleman moved suspension of the rules and approval of the following resolution:
Resolution - 01 -734 - Appointing special counsel of Halleland Lewis Nilan Sipkins & Johnson,
representing the City, to conduct criminal prosecution in State vs. Thomas R. Berkelman.
Adopted Yeas - 7 Nays - 0
PUBLIC HEARINGS
37. Third Reading - 01 -647 - Amending Section 33.04 (G) (7) of the Saint Paul Legislative Code by
consolidating the two permits currently needed to install a water heater into one permit and fee.
No one appeared in opposition; Councilmember Harris moved to close the public hearing.
Yeas - 7 Nays - 0
Laid over to July 18 for final adoption
38. Third Reading - 01 -648 - An interim ordinance pursuant to Minnesota Statute !� /z 462.355, Subd. 4,
preserving the status quo with respect to the use of property in the area presently under study for Arcade
Street pending completion of the study and any possible amendments to the City's Comprehensive Plan
or zoning ordinance necessary to give effect to the study. (Amended on July 5)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 7
Nays - 0
Laid over to July 18 for final adoption
39. Resolution - 01 -724 - Granting the application for a sound level variance by Brian Schrader to allow
live band music during the Outreach for Youth of Oakwood Church event at 1388 Point Douglas Road
South on August 4, 2001, from 4:30 p.m. to 6:00 p.m. No one appeared in opposition; Councilmember
Lantry moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
40. Resolution - 01 -725 - Granting the application for a sound level variance by Peter and Molly Skinner
to allow live amplified music in an outside tent during their grand opening event at Skinner's Pub, 919
Randolph Avenue on October 5, 2001, from 5:00 p.m. to 10:00 p.m. and October 6, 2001, from 12:00
noon to 10:00 p.m.
No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
41. Resolution - 01 -726 - To consider adverse action against the Cigarette /Tobacco License held by
Gene R. Josephs, dba Joseph's Market, 736 Oakdale Avenue.
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection (LISP), appeared. This matter pertained to a sale of cigarettes to a minor on
April 4, 2001. It was uncontested in that Mr. Josephs acknowledged that the sale was made but he
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questioned the appropriateness of the presumptive penalty of $200.00.
Mr. Joseph appeared and explained the circumstances surrounding the sale saying that the clerk's
eyeglasses were broken and she could not afford to repair them which caused her to misread the ID
presented to her. He noted that the clerk is a single mother of two young children. One day she offered
to help in the store and Mr. Josephs subsequently hired her. He said she is a very good employee and she
made an honest mistake. He went on to explain how they have always operated a reputable business and
do the very best they can. He said he felt $200 was an unjust fine.
Councilmember Coleman moved to close the public hearing. Yeas - 7 Nays - 0
(Harris left)
Councilmember Coleman said Josephs is a great West Side neighbor and an asset to the community. He
moved to impose a $200 fine and suspend $100 for 12 months on the condition that there be no further
violations.
Adopted as amended Yeas - 6 Nays - 0 (Harris not present)
42. Resolution - 01 -727 - To consider adverse action against the Cigarette /Tobacco License held by
Jade, Inc., dba Snelling I -94 Citgo, 326 Snelling Avenue North.
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection (LISP), appeared. She said she received notification from the owner of the
store that they would like to pay the fine. Rather than remove the item from the agenda at this time, she
requested a two week layover to insure that payment is received.
Councilmember Blakey moved to lay over to July 25.
Laid over to July 25 Yeas - 6 Nays - 0 (Harris not present)
(Harris returned)
43. Public hearing to consider adverse action against the Firearms License held by Edward Timmers, Jr.,
dba East Side Gun Shop, 935 Arcade Street. (No public testimony will be taken; will be laid over to a
public hearing on July 25)
Councilmember Lantry moved to lay over two weeks.
Laid over to July 25 Yeas - 7 Nays - 0
44. Resolution - 01 -728 - Ordering the owner to remove or repair the building at 643 Watson Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting
the owner six months to complete the rehabilitation of the property.)
Marcia Moermond, Council Research Policy Analyst representing Gerry Strathman, reported that a
Legislative Hearing was held regarding this property on June 19. The property was condemned in July,
2000, and vacated in mid - August, 2000. There have been numerous summary abatements and the
property taxes are in arrears. However, Mr. Strathman recommended allowing the owner six months to
complete rehabilitation.
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No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval as amended.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
45. Resolution - 01 -729 - Granting the petition of Scott Ferguson, for Cayuga Street, LLC, to vacate city
alley right -of -way to construct a privacy fence in order to screen a proposed off - street parking lot to the
east for the benefit of the adjacent residential neighbors in Block 2, Edmund Rice's Second Addition.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
46. Resolution - 01 -730 - Authorizing the approval of a multi - family housing development program for
Marian Center Senior Housing Project.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
47. Resolution - 01 -731 - Approving the establishment of a Housing and Redevelopment Project and
Tax Increment Financing District (Osceola Park Project) and adopting the Redevelopment Plan and Tax
Increment Financing Plan.
(Public hearing laid over from June 27 - no testimony was taken)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
Councilmember Coleman moved to recess the City Council meeting and reconvene as the Housing and
Redevelopment Authority (HRA) to consider Items 8, 9 and 10 on the July 11 HRA agenda Yeas - 7
Nays - 0
Councilmember Coleman moved to adjourn the HRA meeting and reconvene the City Council meeting.
Yeas - 7 Nays - 0
48. Final Order - 01 -732 - In the matter of sidewalk reconstruction on both sides of Concord Avenue
from Ada Street to Highway 52 (SO 1089) and both sides of Cumberland Street from West Cook Avenue
to West Maryland Avenue (SO 1093). (Laid over from June 27)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
49. Final Order - 01 -733 - In the matter of sidewalk reconstruction and reconstruct sidewalk with
integral curb in Wards 1, 2, 4, 5, 6 and 7. (File 4 SO 1085, SO 1090, SO1091, 501095- SO1097, SO 1119,
SO1122)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
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50. Public hearing to consider the application of the City of Saint Paul to rezone property from P -1
(Parking District) to either RT -1 (Two Family Residential District) or RT -2 (Townhouse Residential
District) or RM -1 (Apartments) to allow the historic Armstrong House to be moved to the site and
restored as housing at 235 Chestnut Street (former parking lot of Plastics, Inc.)
Larry Soderholm, Department of Planning and Economic Development, gave a staff report. He said this
is an application for rezoning that is necessary in order to move the Armstrong House to 235 Chestnut
Street. What is unusual about this case is that the neighborhood and the co- developer were unsure how
many units they wanted to put in the house. Therefore, they submitted three zoning petitions
simultaneously. It went through the Planning Commission with all three different densities of residential
zoning. According to the agreement on the petition, the neighborhood was to write to staff before this
hearing and say which of the three zoning districts they want. They did this and they would like the City
Council to adopt an ordinance changing the property from P -1 Parking to RT -2 which allows three or
four units to be built in the historic house. The Planning Commission held a public hearing, there was no
opposition, and they recommended approval. Staff also recommended approval.
Councilmember Coleman moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Coleman asked Mr. Soderholm about the clause which talks about if the house does not
work out on this site and if it reverts back to P -1. Mr. Soderholm said it would not revert automatically.
The owner of the property must apply to change the zoning back. However, it is part of the agreement
Councilmember Coleman moved to approving the rezoning to RT -2 and adopt the findings and
conclusions of the Planning Commission as contained in their Resolution 00 -50.
Motion of Intent - Application Granted Yeas - 7 Nays - 0
51. Public hearing to consider the appeal of Michael Pfalz regarding the decision of the Board of Zoning
Appeals granting a front yard setback variance in order to construct a new single family home at 1236
Virginia Street.
Tom Beach, Department of Planning and Economic Development, appeared on behalf of John Hardwick
and presented a staff report. This matter was an appeal of the Planning Commission authorizing a front
yard setback in order for a new home to be constructed at 1236 Virginia next door to Michael Pfalz. The
variance would allow the house to be set back 34 feet from the front property line. Without the variance
it would have to be set back 49 feet. He reviewed the site plan with the Council.
Steven Mitchell applied for the variance early this year. The Zoning staff and the District 6 Community
Council recommended approval of the variance and on May 29, 2001, the Board of Zoning Appeals
approved the variance on a 4 -3 vote. They found that there was a hardship because of the garage to
justify the variance. It would be hard to build a reasonable sized home on the lot without either moving
the garage or tearing it down. They also found that the front yard setbacks on the block do vary quite a
bit from as little as 31 feet to as much as 55 feet so a 34 foot variance is not out of character for the
block.
Mr. Beach said that Mr. Pfalz appealed the decision and in his appeal he stated that allowing a new
house 15 feet closer to the front property line than would normally be allowed would reduce light and air
to his house and would also impact the value of his property.
Michael Pfalz, appellant, appeared. He said it is not so much the 15 foot setback that he is concerned
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about but rather the closeness of the house and the fact that his home's foundation only has 4 foot frost
footings underneath the ground. He is concerned whether a deep hole can be dug without upsetting the
foundation of his house. If this is approved, Mr. Pfalz said he would like the owner to take out a retainer
to insure that nothing happens to his house.
Councilmember Reiter moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Reiter moved to lay over one week in order to try to work out a compromise between
the parties involved.
Laid over to July 18 Yeas - 7 Nays - 0
Suspension Item
Councilmember Reiter moved suspension of the rules and approval of the following resolution:
Resolution - 01 -735 - Endorsing the Campaign Reform Pledge.
Adopted Yeas - 6 Nays - 1 (Lantry)
Councilmember Harris moved to adjourn the meeting. Yeas - 7 Nays - 0
ADJOURNED AT 6:20 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson July 25, 2001
Assistant Council Secretary
mce
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