Minutes 12-5-2001Page 1 of 6
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, December 5, 2001 - 3:30 - 5:00 p.m.
PUBLIC HEARINGS - 5:30 - 6:30 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 - 4 - Benanav, Blakey, Bostrom, Harris,
Absent - 3 - Coleman, Lantry, (arrived following roll call) Reiter (arrived following adoption of consent
agenda)
CONSENT AGENDA (Items I -10)
NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE
MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS
DESIRED BY A COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Michael Petterssen, Irene Rover, Bernard Sowers, and Tchuyi Vang.
Referred to the Risk Management Division
2. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on December 19, 2001, to consider the appeal of Dayton's Bluff
Neighborhood Housing Services to a decision of the Heritage Preservation Commission denying a permit
application to construct a four unit townhome structure at 663 Euclid Street, Dayton's Bluff Historic
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District.
3. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
December 19, 2001, concerning adverse action against the Pawnshop License held by Cash -N -Pawn of
Minnesota Ltd., 490 University Avenue West.
4. Letter from the Office of the City Attorney announcing that the administrative hearing for Jefferson
Enterprises, Inc., dba Jefferson Auto Repair, 975 W. Minnehaha Avenue, has been rescheduled from
December 18 to January 3, 2002, at 9:30 a.m. in Room 42, Saint Paul City Hall -Court House.
5. Letters from the Citizen Service Office /Division of Property Code Enforcement declaring 857 Jenks
Avenue and 866 Jessie Street as nuisance properties. (For notification purposes only; public hearings will
be scheduled at a later date if necessary.)
6. Administrative Orders:
D002083 Revising the 2001 General Fund Budget for the Libraries to move monies from salary savings
to purchase additional library materials for the new Rice Street Branch Library.
D002084 Budget revision in the Department of Technology and Management Services to move unspent
salary money into the appropriate spending codes to provide funds for the purchase of security
infrastructure enhancements in keeping with IT Best Practices.
D002085 Authorization to remit an amount not to exceed $200.00 to Big Top Wine and Spirits, 1574 W.
University Avenue, for alcoholic beverages and refreshments for civilian volunteers participating in
training in Standardized Field Sobriety and DUI Procedures.
Noted as on file in the City Clerk's Office
FOR ACTION
7. Resolution - 01 -1256 - Concerning adverse action against the Grocery License held by Sami Ibrahim,
dba Sami Food Market, 65 West George Street.
Adopted Yeas - 6 Nays - 0
8. Resolution - 01 -1257 - Authorizing the proper City officials to enter into a lease agreement with Saint
Paul Public Schools, Independent School District 4625, for a 4-3 acre area of Langford Park adjoining
the Saint Anthony Park Elementary School to be used for school related outdoor activities, including
children's play equipment area.
Adopted Yeas - 6 Nays - 0
9. Resolution - 01 -1258 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property at 733 Pierce Butler Route, 453 Edmund Avenue, 138 Maria Avenue,
935 Portland Avenue, 819 Holly Avenue, and 1016 Albemarle Street 42.
Adopted Yeas - 6 Nays - 0
10. Resolution - 01 -1259 - Establishing a moratorium on all new applications for residential facilities
offering services to residents.
Withdrawn Yeas - 7 Nays - 0
FOR DISCUSSION
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11. Report from the Administration on City of Saint Paul/Ramsey County City Hall/Court House
Security. (Laid over from November 28)
Laid over to December 19 Yeas - 7 Nays - 0
12. Resolution - 01 -353 - Ordering the owner to remove or repair the building at 843 Rice Street within
fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval)
(Laid over from November 7)
Adopted Yeas - 7 Nays - 0
13. 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 from November 28)
Adopted Yeas - 6 Nays - 1 (Coleman)
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY CO UNCIL. IT IS READ AT FO UR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
COUNCIL AND 30 DAYSAFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
14. 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. (Amended and laid over from
November 28)
Adopted Yeas - 4 Nays - 3 (Benanav, Bostrom, Lantry)
15. Final Adoption - 01 -1111 - An ordinance regulating the use of lawn fertilizers containing phosphorus.
(Amended on November 28)
Adopted Yeas - 6 Nays - 1 (Reiter)
16. Final Adoption - 01 -1112 - An ordinance amending Saint Paul Legislative Code Chapter 377 to
prohibit the use of fertilizers containing phosphorus. (Amended on November 28)
Adopted Yeas - 6 Nays - 1 (Reiter)
17. Final Adoption - 01 -1189 - An ordinance approving changes and amendments to Chapter 189, Truth -
in -Sale of Housing.
Adopted Yeas - 7 Nays - 0
18. Final Adoption - 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.
Adopted Yeas - 7 Nays - 0
19. Final Adoption - 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 on November 28)
Adopted Yeas - 7 Nays - 0
20. Final Adoption - 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.
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Adopted Yeas - 7 Nays - 0
21. Second Reading - 01 -1243 - An ordinance requiring persons or organizations that engage in vehicle
immobilization services to be licensed.
Laid over to December 19 for third reading /public hearing
22. Second Reading - 01 -1244 - An ordinance amending the license fee schedule to add a fee for vehicle
immobilization service licenses.
Laid over to December 19 for third reading /public hearing
23. First Reading - 01 -1260 - An ordinance granting a 7% discount on theater liquor license fees for
attending alcohol awareness training by an authorized provider and to extend the separate fee for
intoxicating liquor licenses issued to theaters.
Laid over to December 12 for second reading
24. First Reading - 01 -1261 - An interim ordinance preserving the status quo with respect to property
uses by unrelated individuals in residential zoning districts including boarding care homes, boarding
houses, emergency housing facilities, housing for the elderly, overnight shelters, rooming houses, all
community residential facilities, whether licensed correctional, licensed human service, or health
department licensed and transitional housing facilities, as well as community integrated living, pending
completion of studies of possible amendments to the City's Comprehensive Plan and Zoning Ordinances.
Withdrawn Yeas - 7 Nays - 0
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
25. Third Reading - 01 -1235 - An ordinance amending Chapter 86 of the Saint Paul Administrative Code
to restrict the manner in which leases or management agreements involving park property can be
authorized. (Amended on November 28)
Laid over to December 12 for final adoption
26. Resolution - 01 -1262 - Granting a sound level variance to Scanlon's Pub, Inc., dba the Dubliner Pub,
2162 University Avenue West, on March 15, 2002, from 6:00 p.m. to midnight, and March 16 and 17,
2002, from noon to midnight.
Laid over to December 12 Yeas - 7 Nays - 0
27. Resolution - 01 -1263 - Concerning adverse action against the licenses held by DAG, Inc., dba
Champps St. Paul, 2401 West 7th Street.
Laid over to February 6 Yeas - 7 Nays - 0
28. Resolution - 01 -1264 - Ordering the owner to remove or repair the building at 178 Acker Street
within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends approval)
Adopted Yeas - 7 Nays - 0
29. Resolution - 01 -1265 - Ordering the owner to remove or repair the building at 292 Burgess Street
within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends granting the
owner six months to complete rehabilitation provided a $2,000 bond is posted by noon on December 5,
2001)
Adopted (remove or repair within five (5) days) Yeas - 7 Nays - 0
30. Resolution - 01 -1266 - Ordering the owner to remove or repair the building at 294 Burgess Street
within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends granting the
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owner six months to complete rehabilitation provided a $2,000 bond is posted by noon on December 5,
2001)
Adopted (remove or repair within five (5) days) Yeas - 7 Nays - 0
31. Final Order - 01 -359 - In the matter of acquiring portions of Lots 4 through 9, Block 41, Lot 1, Block
46 and Lots 1 through 4 for property located in Rice & Irvine's Addition for the improvement of the
Science Museum of Minnesota. (File 418943E) (Laid over from September 19)
Laid over indefinitely Yeas - 7 Nays - 0
32. 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) (Laid over from November 7)
Substitute introduced and adopted Yeas - 7 Nays - 0
33. Final Order - 01 -1267 - In the matter of the Cottage /Greenbrier Area Street Paving and Lighting
Project. (File 418954)
Adopted as amended (Also, Bradley Street: From Cottage Avenue to Arlington Avenue and
Hyacinth Avenue: From Mississippi Street to Westminster Street - Laid over indefinitely) Yeas - 7
Nays - 0
34. Final Order - 01 -1268 - In the matter of sidewalk repairs and /or repair of sanitary sewer, storm sewer
and /or water service connections, if requested by the property owner, in conjunction with the
Cottage /Greenbrier Area Street Paving and Lighting Project. (File 418954C)
Adopted Yeas - 7 Nays - 0
35. Resolution Ratifying and Confirming Condemnation and Awards of Damages and Assessment - 01-
1269 - 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)
Withdrawn Yeas - 7 Nays - 0
Council Meeting Information
Wnh,sitn.
For an updated copy of our City Council Meeting agendas or minutes, please visit our website at
www. ci. stpaul. mn. 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
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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