Minutes 11-28-2001Page 1 of 8
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, November 28th, 2001 - 3:30 - 5:00 p.m.
PUBLIC HEARING - 3:30 P.M.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Nancy Anderson, Assistant Secretary to the Council
Mary Erickson, Clerical Support - 651- 266 -8565
Office of the City Council
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Public Hearings
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items 1 -15)
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 A
CONSIDERED SEPARATELY.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Dale Bartelle, John Esposito, Farmers Insurance Group (for Rick Sellman), Gregory Glanz,
and Western National Insurance Group (for Alisha Jasinski).
Referred to the Risk Management Division
2. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
December 5, 2001, to consider adverse action against the licenses held by DAG, Inc., dba Champps St.
Paul, 2401 West 7th Street.
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3. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on December 27, 2001, at 9:30 a.m., in Room 41, Saint Paul City Hall, concerning license held by James
McMurray, dba Jimmy Mac's, 756 Jackson Street.
4. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on December 28, 2001, at 9:30 a.m., in Room 41, Saint Paul City Hall, concerning the Taxicab Driver's
License application by Wayne Lowell Ellis.
5. Letter from the Citizen Service Office/Division of Property Code Enforcement declaring 1840 Ames
Avenue and 2281 Priscilla Street as nuisance properties and setting date of Legislative Hearings for
December 4, 2001, and City Council Hearings for December 19, 2001.
6. Letter from the Citizen Service Office/Property Code Enforcement declaring 664 Edmund Avenue as
nuisance property. (For notification purposes only; public hearing will be held at a later date if
necessary.)
7. Administrative Order:
D002082 Amending the 2001 Budget in the Department of Planning and Economic Development by
authorizing reallocation of $18,680 for the CHIP Program (111 E. Congress Street).
Noted as on file in the City Clerk's Office
FOR ACTION
8. Approval of minutes of October 24, 2001.
Adopted Yeas - 7 Nays - 0
9. Resolution - 01 -1236 - Honoring officers from the Minnesota Gang Strike Force and prosecutors from
the Minnesota Attorney General's Office who were responsible for the arrest and prosecution of three
criminals who committed a brutal robbery and murder of two Saint Paul residents in Austin, Minnesota.
Adopted Yeas - 7 Nays - 0
10. Resolution - 01 -1237 - Directing City staff to enter into a Memorandum of Understanding with the
Saint Paul Riverfront Corporation under which the "Firstar Site" would be developed into a premier park
by the Riverfront Corporation and dedicated to the City for park purposes.
Adopted Yeas - 7 Nays - 0
11. Resolution - 01 -1238 - Waiving the 45 -day notice requirement for issuance of On- Sale - Liquor and
Sunday On -Sale Liquor licenses to Scooters LLC, dba Scooters, 755 Jackson Street.
Adopted Yeas - 7 Nays - 0
12. Resolution - 01 -1239 - Authorizing Ramsey County to issue tax exempt housing revenue bonds for a
multi - family rental housing development (Emerald Park Housing) in the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
13. Resolution - 01 -1240 - Amending the Salary Plan and Rates of Compensation by establishing the rate
of pay for the new classification titled "Utility Aide."
Adopted Yeas - 7 Nays - 0
14. Resolution - 01 -1241 - Establishing the rate of pay for the class title Police Trainee set forth in Grade
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31B of the Police Federation in the Salary Plan and Rates of Compensation.
Adopted Yeas - 7 Nays - 0
15. Resolution - 01 -1242 - Authorizing the Police Department to enter into an agreement, which includes
an indemnification clause, with the State of Minnesota.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
16. Report from the Administration on City of Saint Paul/Ramsey County City Hall/Court House
Security.
Laid over to December 5 Yeas - 7 Nays - 0
17. Resolution - 01 -1121 - Concerning adverse action against the provisional Taxicab Driver's License
held by Jennifer Briese for failure to enroll and complete a taxicab driver's training course. (Laid over
from October 24)
Adopted Yeas - 6 Nays - 0 (Bostrom was not present for vote) (This resolution was considered
under public hearings at 5:30 p.m.)
18. Final Order in Condemnation Proceedings - 01 -906 - In the matter of condemning and taking of
property rights as required for construction of Phalen Boulevard between Mississippi Street and Payne
Avenue. (File 418947 -A) (Adopted by the City Council on August 22, 2001, reconsidered and laid over
from September 5; laid over from November 14)
Laid over to December 5 Yeas - 7 Nays - 0
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
COUNCIL AND 30 DAYSAFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER
19. Final Adoption - 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.
(Reconsidered (adopted on November 7) and laid over from November 14.)
Withdrawn Yeas - 7 Nays - 0
20. Final Adoption - 01 -799 - An ordinance amending the Saint Paul Legislative Code Chapter 376 to
eliminate the controls on the number of taxicab vehicle licenses, the fares taxicab companies may charge
and establishing additional requirements for new vehicle taxicab licenses. (Laid over from November 14)
Amended and laid over to December 5 for final adoption
Yeas - 7 Nays - 0
21. Second Reading - 01 -1235 - An ordinance amending Chapter 84 86 of the Saint Paul Administrative
Code to restrict the manner in which leases or management agreements involving park property can be
authorized.
Amended and laid over to December 5 for third reading /public hearing
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Yeas - 7 Nays - 0
22. First Reading - 01 -1243 - An ordinance requiring persons or organizations that engage in vehicle
immobilization services to be licensed.
Laid over to December 5 for second reading
23. First Reading - 01 -1244 - An ordinance amending the license fee schedule to add a fee for vehicle
immobilization service licenses.
Laid over to December 5 for second reading
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
(Council President Bostrom was not present for vote on Items 24 through 56)
24. Third Reading - 01 -1111 - An ordinance regulating the use of lawn fertilizers containing phosphorus.
Amended and laid over to December 5 for final adoption
Yeas - 6 Nays - 0
25. Third Reading - 01 -1112 - An ordinance amending Saint Paul Legislative Code Chapter 377 to
prohibit the use of fertilizers containing phosphorus.
Amended and laid over to December 5 for final adoption
Yeas - 6 Nays - 0
26. Third Reading - 01 -1189 - An ordinance approving changes and amendments to Chapter 189, Truth -
in -Sale of Housing.
Laid over to December 5 for final adoption
27. Third 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 December 5 for final adoption
28. Third 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.
Amended and laid over to December 5 for final adoption
Yeas - 5 Nays - 0 ( Harris was not present for vote)
29. Third 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 December 5 for final adoption
30. Third Reading - 01 -1223 - An ordinance amending Section 9.01 of the Saint Paul Charter in
accordance with Minnesota Statutes f� to eliminate the limitation of six administrative
departments.
Laid over to January 9, 2002, for final adoption
Yeas - 6 Nays - 0
31. Resolution - 01 -884 - Concerning adverse action against the provisional Taxicab Driver's License
held by George Merritt for failure to enroll and complete a taxicab driver's training course. (Laid over
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from October 24)
Withdrawn Yeas - 6 Nays - 0
32. Resolution - 01 -890 - Concerning adverse action against the provisional Taxicab Driver's License
held by Sergio Perez for failure to enroll and complete a taxicab driver's training course. (Laid over from
October 24)
Adopted Yeas - 6 Nays - 0
33. Resolution - 01 -894 - Concerning adverse action against the provisional Taxicab Driver's License
held by Steve Schmidt for failure to enroll and complete a taxicab driver's training course. (Laid over
from October 24)
Laid over to March 6, 2002 Yeas - 6 Nays - 0
34. Resolution - 01 -1128 - Concerning adverse action against the provisional Taxicab Driver's License
held by Mohamed Matan for failure to enroll and complete a taxicab driver's training course. (Laid over
from October 24)
Withdrawn Yeas - 6 Nays - 0
35. Resolution - 01 -1135 - Concerning adverse action against the provisional Taxicab Driver's License
held by Kendell Waller for failure to enroll and complete a taxicab driver's training course. (Laid over
from October 24)
Withdrawn Yeas - 6 Nays - 0
36. Resolution - 01 -1136 - Concerning adverse action against the provisional Taxicab Driver's License
held by Asad Yabarow for failure to enroll and complete a taxicab driver's training course. (Laid over
from October 24)
Withdrawn Yeas - 6 Nays - 0
37. Resolution - 01 -989 - Ordering the owner to remove or repair the building at 847 Lexington Parkway
South within fifteen (15) days from adoption of resolution. (Laid over from September 19) (Legislative
Hearing Officer recommends approval)
Adopted Yeas - 6 Nays - 0
38. Resolution - 01 -1140 - Ordering the owner to remove or repair the building at 531 Ohio Street within
fifteen (15) days from adoption of resolution. (Laid over from October 24) (To be withdrawn)
Withdrawn Yeas - 6 Nays - 0
39. Resolution - 01 -1200 - Ordering the owner to remove or repair the building at 531 Ohio Street within
fifteen (15) days from adoption of resolution. (Laid over from November 7) (Legislative Hearing
Officer recommends approval)
Adopted Yeas - 6 Nays - 0
40. Resolution - 01 -1245 - Ordering the owner to remove or repair the building at 1619 Seventh Street
East within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 6 Nays - 0
41. Resolution - 01 -1246 - Ordering the owner to remove or repair the building at 705 Sims Avenue
within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends granting
the owner six months to complete rehabilitation provided the vacant building fee is paid by noon on
November 28)
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Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 6 Nays - 0
42. Appeal of John McDaris to a summary abatement order for property at 1539 Blair Avenue. (Appeal
withdrawn; case closed)
Withdrawn (case closed) Yeas - 6 Nays - 0
43. Appeal of Michael Bartelmy to a summary abatement order for property at 1323 and 1327 Bush
Avenue. (Legislative Hearing Officer recommends denying the appeal for both addresses)
Appeal denied Yeas - 6 Nays - 0
44. Resolution - 01 -1247 - Authorizing multi - family rental housing tax exempt revenue bonds for Arbor
Pointe Apartments Project.
Adopted Yeas - 6 Nays - 0
45. Resolution - 01 -1248 - Establishing No Parking from 8:00 a.m. - 8:00 p.m., Except by Permit Area
27, on portions of Pinehurst Avenue and Finn Street and Pinehurst Avenue and Kenneth Street in the
Highland Village area.
Laid over to December 12 Yeas - 6 Nays - 0
46. Resolution - 01 -1249 - Approving the petition of David and Julia Hrbacek to release City interest in
the North -South portion of the alley in the block bounded by James, Hamline, Randolph, and Albert in
order to have more greenspace.
Adopted Yeas - 6 Nays - 0
47. Resolution - 01 -1250 - Approving a resolution regarding the establishment of the Franklin- Emerald
Redevelopment Project and the Emerald Park Tax Increment Financing District and approving a
redevelopment plan and tax increment financing plan.
Adopted as amended Yeas - 5 Nays - 0 (Reiter not present for vote)
(Recess as City Council and reconvene as the Housing and Redevelopment Authority)
48. Final Order - 01 -1251 - 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. (File 418945)
Adopted Yeas - 6 Nays - 0
49. Final Order In Condemnation Proceedings - 01 -1252 - 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. (File 418945E)
Adopted Yeas - 6 Nays - 0
50. Final Order In Condemnation Proceedings - 01 -1253 - 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). (File 4189455)
Adopted Yeas - 6 Nays - 0
51. Final Order - 01 -1254 - In the matter of improving streets with bituminous roadway, construction of
concrete curb and gutter, concrete driveway aprons and outwalks, boulevard sodding, tree planting,
construction of a lantern style lighting system, and all other work necessary for the Hoyt- Merrill RSVP
Paving and Lighting Project. (File 418956)
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Adopted Yeas - 6 Nays - 0
52. Final Order - 01 -1255 - In the matter of construction of water, sanitary sewer, storm sewer service
connections and sidewalk reconstruction, if requested by the property owner, in conjunction with the
Hoyt- Merrill RSVP Paving and Lighting Project. (File 418956C)
Adopted Yeas - 6 Nays - 0
53. Public hearing to consider the report of the Administrative Law Judge concerning the Currency
Exchange License Renewal Application of Endeavor Financial, Inc., dba Currency Exchange IV, 577
University Avenue West.
Adopted the Findings, Conclusions and Recommendations of the Administrative Law Judge
Yeas - 5 Nays - 0 (Reiter not present for vote)
54. Public hearing to consider the report of the Administrative Law Judge concerning the Currency
Exchange License Renewal Application of Team Management, Inc., dba Midwest Check Cashing, 477
Rice Street.
Adopted the Findings, Conclusions and Recommendations of the Administrative Law Judge
Yeas - 6 Nays - 0
55. Public hearing to consider the application for a Preliminary and Final Plat by Glen -Dawn
Development LLC, to create 11 residential lots and 1 outlot at 0 Lower Afton Road between McKnight
Road and Morningside Circle.
Motion of Intent - Application granted, approved the subdivision, and adopted the findings in the
staff report, File 401- 223 -412.
Yeas - 6 Nays - 0
56. Public hearing to consider the appeal of the Department of Public Works- Construction/Street
Engineering to a decision of the Heritage Preservation Commission denying a permit application to patch
a brick alley (bounded by Kent, Mackubin, Ashland, and Holly) with asphalt.
Motion of Intent - Appeal denied (do not grant the permit for asphalt fill) and further instruct
Public Works to temporarily fill ruts with sand or gravel that would not destroy the existing brick;
then reapply for paver permit in the spring.
Yeas - 6 Nays - 0
Council Meeting Information
Weh.cite
For an updated copy of our City Council Meeting agendas or minutes, please visit our website at
www. ci. stpaul. inn. us /council.
Cable
The City Council Meetings are cablecasted live on Channel 18 and repeated on Thursdays at 7:00 p.m.,
Saturdays at 12:30 p.m., and Sundays at 1:00 p.m. (Subject to change). Also, the City Council Agendas
are cablecasted during the following times: Saturdays at 8:00 a. m., Sundays at 6:30 p.m., Mondays at
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8:00 a.m. 1: 30 p. m., S: 30 p. m.; Tuesdays at 8:00 a.m., S: 30 p. m.; and Wednesdays at 8:00 a.m., 1:30
p.m. (Housing and Redevelopment Authority), 3: 00 p.m.
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