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SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, April 10, 2002 - 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
. Ordinances
The meeting was called to order at 3:35 p.m. by Council President Bostrom.
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items 1 - 25)
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 COUNCIL,MEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
Nancy Anderson noted a change to Item 4 as indicated below.
Councilmember Harris requested Item 15 be removed for discussion.
Councilmember Blakey requested Item 16 be removed for discussion.
Councilmember Benanav moved approval of the consent agenda as amended.
Adopted as amended Yeas - 7 Nays - 0
Item 26 was discussed as the first item.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Douglas B. Fink Law Offices, P.A. (for Johnnie Capers), William Hill, Brian
Hockenberger, Kathy Magnuson, Joyce Maddox, and Sue Xiong.
Referred to the Risk Management Division
2. Summons and Verified Complaint, Notice of Motion and Motion for a Temporary Restraining Order,
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Memorandum in Support of Motion for Temporary Restraining Order, etc., in the matter of Leadcon,
Inc. vs. the City of Saint Paul.
Referred to the City Attorney's Office
3. Notice of Filing Award of Commissioners in the matter of the Saint Paul Port Authority vs. the City
of Saint Paul, et al, in the condemnation of certain real property located in the City of Saint Paul and
County of Ramsey for the Phalen Corridor Industrial Development District.
Referred to the City Attorney's Office
4. Letter from the Real Estate Division announcing a public hearing before the City Council on April 24
May 1, 2002, to consider the petition of Vitas Maciukevicius to vacate an alley right -of -way supporting
the development of a new BP Connect store, (convenience store), with self - service fuel pumps, a car
wash and cafe at the alley to the east of Lexington Parkway between Central Avenue and St. Anthony
Avenue. (File No. 04 -2002)
5. Letter from the Real Estate Division announcing a public hearing before the City Council on April 24,
2002, to consider the petition of the City of Saint Paul to vacate fee title to properties lying within part
of Upper Landing to facilitate replatting and development for multi - family housing. (File No. 12 -2002
Phase 11)
6. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on April 24, 2002, to consider the application of Joseph Sandhofer to rezone
property from RM -2 Multi - Family Residential to B -3 General Business to allow the expansion of BP
Amoco Station at 390 Lexington Parkway North.
7. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on April 24, 2002, to consider the application for a sound level variance
by James Tolaas, Project Engineer for Ramsey County Public Works, to allow work equipment, such as
concrete saws, concrete pavers, jackhammers, barges, cranes, and tandem trucks, to operate during
construction of the Ford Bridge on Monday through Saturday, 7:00 a.m. to 7:00 p.m., beginning May 1,
2002 to December 1, 2004.
8. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on April 24, 2002, to consider the application of the University of St.
Thomas STAR Organization for a sound level variance for a band concert on an outdoor stage to be held
at Midway Stadium, 1771 Energy Park Drive, on Friday, May 3, 2002, from 5:30 p.m. to 9:30 p.m.
9. Letters from the Citizen Service Office /Property Code Enforcement declaring 952 Farrington Street
and 1114 Magnolia Avenue East as nuisance properties, and setting date of Legislative Hearings for
April 23, 2002, and City Council Hearings for May 1, 2002.
10. Letter from the Citizen Service Office /Property Code Enforcement declaring 696 Tuscarora Avenue
as nuisance property. (For notification purposes only; a public hearing will be scheduled at a later date if
necessary.)
11. Administrative Orders:
D002136 Transferring budget authority in the Division of Parks and Recreation's 2001 General Fund
Budget to provide sufficient funding at the budgetary control levels.
D002137 Transferring budget authority in the Department of Technology and Management Services -
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2001 budget of Finance Special Projects Special Fund to cover year -end variances.
D002138 Amending the 2001 Library budget to cover negative balances in major object codes within
the Library's Aids and Grants Fund.
Noted as on file in the City Clerk's Office
FOR ACTION
12. Approval of minutes of March 13, 2002.
Adopted Yeas - 7 Nays - 0
13. Resolution - 02 -293 - Approving the Memorandum of Agreement between the City and the
International Association of Machinists and Aerospace Workers, District Lodge 77, to mutually agree to
amend the 2001 -2003 Collective Bargaining Agreement language to include the title of Safety
Equipment Design and Maintenance Worker to those titles eligible to receive a tool allowance. (To be
laid over one week for adoption)
Laid over to April 17
14. Resolution - 02 -294 - Designating Donald Luna, City Clerk, as the responsible authority for the City
of Saint Paul to establish guidelines and procedures for meeting all requirements of the Minnesota
Government Data Practices Act.
Adopted Yeas - 7 Nays - 0
15. Discussed after the consent agenda.
16. Discussed after the consent
17. Resolution - 02 -297 - Directing the proper City officials to renew the agreement with Saint Paul
Public Schools for providing the joint City- District Community Education /Recreation program.
Adopted Yeas - 7 Nays - 0
18. Resolution - 02 -298 - Authorizing the City to submit the 2002 Consolidated Plan to the U.S.
Department of Housing and Urban Development (HUD) in order to receive CDBG, HOME and ESG
funding.
Adopted Yeas - 7 Nays - 0
19. Resolution - 02 -299 - Approving a pilot project entitled "Saint Paul Public Works Competency
Modeling Project" and the letter of intent with the Saint Paul Manual and Maintenance Supervisory
Association (MMSA).
Adopted Yeas - 7 Nays - 0
20. Resolution - 02 -300 - Directing the Division of Parks and Recreation to enter into an agreement with
District Six Planning Council for youth recreational and leisure activities provided at Wilder and
Arlington Recreation Centers from January, 2002 through December 31, 2002.
Adopted Yeas - 7 Nays - 0
21. Resolution - 02 -301 - Authorizing an application to the Ramsey County Soccer Partners Grant
Program for the Jimmy Lee Recreation Center.
Adopted Yeas - 7 Nays - 0
22. Resolution - 02 -302 - Approving the application of Mohammed Shames Eshmawy, dba East Lake
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Auto, 2121 University Avenue West. for Auto Repair Garage and Auto Body Repair Shop Licenses
(Legislative Hearing Officer recommends approval with conditions)
Adopted Yeas - 7 Nays - 0
23. Resolution - 02 -303 - Requesting the Department of Planning and Economic Development to
include a zoning district for civic and open space in proposed restructuring of the Saint Paul Zoning
Code and directing Council Research to undertake an inventory of public and private green space in the
City of Saint Paul.
Laid over to April 24 Yeas - 7 Nays - 0
24. Preliminary Order - 02 -304 - In the matter of improving Hyacinth Avenue (from Mississippi Street
to Westminster Street) and Bradley Street (from Cottage Avenue to Arlington Avenue) with new
bituminous surfaced roadway, concrete curbs and gutters, concrete driveway aprons and outwalks,
boulevard sodding, tree planting, and construction of a lantern style lighting system as part of the
Cottage/ Greenbrier Area Street Paving and Lighting Project, and setting date of public hearing for April
24, 2002. (File No. 18954A)
Adopted Yeas - 7 Nays - 0
25. Resolution Approving Assessment - 02 -305 - In the matter of the assessment of benefits, cost and
expenses for the installation of 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 to complete improvements on Topping Street
from Dale Street to Mackubin Street as part of the Western Lawson RSVP, and setting date of public
hearing for April 24, 2002. (File No. 18904B)
Adopted Yeas - 7 Nays - 0
Councilmember Blakey moved to reconsider the consent agenda and lay over Item 23 for two weeks.
28. Resolution - 02 -308 - Recognizing employee Ruth Rinehart for all of her hard work and
determination and congratulating her for the first ever Saint Paul Police Department's Civilian Employee
of the Year Award.
Council President Bostrom read the resolution and extended congratulations to Ms. Rinehart. Ms.
Rinehart responded with words of thanks and appreciations. Lt. Gardell expressed his appreciation to
Ms. Rinehart for her fine work.
All Councilmembers moved approval.
Adopted Yeas - 7 Nays - 0
15. Resolution - 02 -295 - Approving the redistricting of voting precinct boundaries for the City of Saint
Paul.
Council President Bostrom noted that revised redistricting maps were given to the Council.
Councilmember Reiter asked Don Luna, City Clerk, what the reason would be for changing a precinct
line. Mr. Luna responded that there were a number of precincts that were inadequate due to being in
poor locations, not accessible, no parking, etc. Those adjustments were made as well as bringing
together the changes in population. He said he feels they have identified some better facilities for voting.
Councilmember Benanav said they have not yet seen the final ward redistricting plans but in Precinct 55
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in Ward 3, the current ward would cross precinct lines - one precinct in two separate wards. He said he
assumed that will not happen once they see the redistricting. Mr. Luna responded that they are drawing
the precinct boundaries first and then the Charter Commission will do the ward boundaries around what
the Council has adopted.
Councilmember Harris said it was his understanding that when the precincts are done there is an
assumption of what the Charter Commission might come up with because they don't want precincts that
are on top of a ward boundary.
Joe Mansky, Ramsey County Election Manager, said throughout the process they have been in contact
with members of the Charter Commission and he felt it safe to say they have an inkling of what they are
likely to propose and the boundaries presented coincide with what they think the Charter Commission
will propose. Mr. Mansky said the Council has the opportunity to change precinct boundaries during the
entire ten -year period between now and the year 2010.
Councilmember Coleman asked if there were population targets they were trying to achieve within the
boundaries. Mr. Mansky responded that they were trying to get a approximately a little less than 2100
voting -age population in each precinct so as to most effectively use the new voting equipment which
will be implemented city -wide this year.
Councilmember Blakey expressed concern with reducing the number of precincts and the distance some
people will have to travel to vote. He asked Mr. Mansky if he felt this will make it more difficult for
people to vote. Mr. Mansky reminded the Council that they were not yet done locating polling locations
and they will come back to the Council in about a month with their proposal for polling place locations.
In the parts of town where there are lower income populations, they want to make sure that people can
easily walk to a polling location or ride a bus.
Councilmember Blakey moved approval.
Adopted (Map - Attachment A amended) Yeas - 7 Nays - 0
16. Resolution - 02 -296 - Prohibiting City departments and agencies from using billboards to advertise.
Councilmember Blakey questioned the purpose of this resolution and whether it means that only the
Department of Human Rights could not use billboards saying that Tyrone Terrill, the director of the
Human Rights Department, was pushed by some members of the Council to be more visible on the
housing issue and provide information on housing discrimination and the services provided by the city.
It seems Mr. Terrill has done this with the use of billboards, Blakey, said and that he is concerned about
public service announcements being taken away. He asked the assistant city attorney if this was legal.
Gerry Hendrickson, Assistant City Attorney, responded that this resolution did not go through the city
attorney's office and, therefore, they have not had an opportunity to review or consider any of those
issues. He said the city can set up parameters as to how the city is run but as far as what this resolution
actually does in terms of a number of different areas, he said they would have to review it.
Councilmember Harris moved to lay over to May 1 in order to have questions answered.
Laid over to May 1 Yeas - 7 Nays - 0
FOR DISCUSSION
26. Resolution - 02 -306 - Recognizing and memorializing the Honorable William Mahoney, who served
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with distinction as Mayor of Saint Paul from 1932 -1934, by co- naming Main Street, between Old Sixth
Street and Tenth Street, as William Mahoney Street.
Appearing to speak in support of the resolution were:
Shar Knutson, President of St. Paul Trades and Labor Assembly;
Dave Mahoney, a researcher of labor history;
Barb Kuchara, Union Advocate Editor from 1996-2000;
Mary Wingert, History teacher at Macalester College and a historian of St. Paul;
Nick Caruso, President and Business Agent of the union that William Mahoney belonged to when was a
pressman.
Councilmember Coleman said one of the great things about St. Paul is that they recognize the
importance history has played in what we are as a community.
Councilmember Coleman moved approval.
Adopted Yeas - 7 Nays - 0
27. Resolution - 02 -307 - Recognizing Officer Keith Draz for all of his hard work and dedication and
congratulating him for achieving the Saint Paul Police Department's Officer of the Year Award.
Council President Bostrom said this item would be laid over one week.
Laid over to April 17 Yeas - 7 Nays - 0
28. See Page 5.
29. Report by Gerry Strathman, Council Research Director, on "Information Summary Regarding the
Organizations Responsible for the City of Saint Paul's Convention, Entertainment, Visitor and Tourism
Industry." (Laid over from March 27)
Gerry Strathman reported that the report that was provided to the Council from Council Research two
weeks ago was compiled in response to the directions he received from the City Council to gather
information regarding the agencies that are currently involved in the convention, entertainment, visitor
and tourism industry in St. Paul. The Council's directive was to simply to collect information, organize
it, synthesize it, and provide it to the Council for its consideration. Pursuant with that direction, it has
been presented in summary form only.
Mr. Strathman said information was gathered regarding the missions of each of these organizations, how
they are governed, state laws were compiled as well as city attorney opinions, city ordinances, etc.
dealing with these industries, some basic financial information was put together about these
organizations, they looked at the extent to which they have performance indicators and performance
measures. Information was provided on several other cities in the country as to how they organize the
promotion of these industries. A chronology of events going back about 10 or 15 years dealing with the
Civic Center, RiverCentre, etc. was provided. Also, suggestions were compiled that were received from
each of the organizations as to how to make improvements in the industries. A proposal was included
for a further in -depth study to be conducted by Council Research in the event the Council wanted them
to proceed in that direction.
Council President Bostrom said Mayor Kelly has indicated he would like to work with the Council on
this issue. He requested Gerry Strathman work with the Administration and report back to the Council.
Councilmember Lantry moved to accept the report and that a report from Gerry Strathman and the
Administration be presented on the Council at the May 22 meeting.
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Yeas - 7 Nays - 0
30. Resolution Ratifying Assessment - 02 -243 - In the matter of the assessment of benefits, cost and
expenses for sanitary sewer and service connections in Marillac Lane from McKnight Road to
approximately 700 feet west of McKnight Road. (File No. 18875) (Public hearing held and laid over
from March 20)
Councilmember Lantry moved to lay over three weeks.
Laid over to May 1 Yeas - 7 Nays - 0
31. Resolution Ratifying Assessment - 02 -244 - In the matter of the assessment of benefits, cost and
expenses for a water main and service connections in Marillac Lane from McKnight Road to
approximately 800 feet west of McKnight Road. (File No. 18875 -W) (Public hearing held and laid over
from March 20)
Councilmember Lantry moved to lay over three weeks.
Laid over to May 1 Yeas - 7 Nays - 0
32. Follow -up from the March 27, 2002, City Council Policy Session on Chronic Problem Properties.
Council President Bostrom said he met with the City Attorney and the Chief Judge of District Court,
Thomas Mott. Judge Mott is very interested in working with the City Attorney and everyone else
involved in the problem properties matter. It is also a major priority with the Administration. The City
Attorney's Office is bringing together staff from the Police Department and Code Enforcement and the
City Attorney will then meet with the Chief Judge.
Marcia Moermond, Council Research Policy Analyst, reminded the Council that a resolution was
adopted two weeks prior requesting Council Research to come back with a plan for conducting
community forums. The plan is conduct neighborhood meetings in each ward possibly in May. They
also would like to be meeting with city staff and come back to Council after all those meeting with a
report of their findings and recommendations
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
33. Final Adoption - 02 -231 - An ordinance memorializing City Council action granting the application
of Waste Management of Minnesota, Inc. to rezone property from I -1 (Industrial) to I -2 (Industrial) to
allow a waste transfer station and to eliminate split zoning on parcels at 195 Minnehaha Avenue East
and unaddressed railroad right -of -way.
Councilmember Blakey moved approval
Adopted Yeas - 6 Nays - 0 Abstention - 1 (Reiter)
34. First Reading - 02 -309 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code to
increase the permitted height of a fence and eliminating the exemption for non - opaque fences except on
school or park playgrounds.
Laid over to April 17 for second reading
The City Council requested a staff report from the Office of License, Inspections and Environmental
Protection on this ordinance change at the April 17 Council meeting.
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Suspension Item
Councilmember Lantry moved suspension of the rules and approval of the following resolution:
Resolution - 02 -310 - Accepting a gift of transportation from Hubbard Broadcasting in order for Mayor
Randy Kelly and Carl Kuhl to participate in a state -wide fly around on April 15, 2002, to promote
attractions and events taking place in the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
Councilmember Harris moved to adjourn the meeting.
Yeas - 7 Nays - 0
ADJOURNED AT 4:35 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson May 22, 2002
Assistant Council Secretary
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