Approved Minutes 7-3-2002Page 1 of 10
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, July 3, 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
. Suspension Items
The meeting was called to order by Council President Bostrom at 3:40 p.m.
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items 1 - 30)
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
The following communication was read into the record by Nancy Anderson, Assistant City Council
Secretary:
Letter from the City Attorney's Office announcing a public hearing before the City Council on July 10,
2002, to reconsider the decision made in Council File 401 -760 based on a Court of Appeals decision that
remanded the decision back to the City Council regarding Manoucher Rostamkhani vs. the City of St.
Paul. (790 Selby Avenue).
Councilmember Blakey moved approval of the consent agenda as amended.
Yeas - 7 Nays - 0
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1. Claims of Enterprise Rent -A -Car, Lillian Lloyd, Gary Marx, Luetta Menzel, Ujean Pal, Peterson &
Nelson, Attorneys at Law (for Joyce Peloquin), Progressive Insurance (for Debra Meisner), Meshbesher
& Spence, LTD. (for Shirlee Sherkow), Dennis and Susan Schell, and Daren Stegeman.
Referred to the Risk Management Division
2. Summons and Complaint in the matter of Speedway SuperAmerica LLC, vs. City of Saint Paul.
Referred to the City Attorney's Office
3. Petition in Condemnation and Motion for Transfer of Title and Possession, Notice of Hearing to
Approve Petition in Condemnation and Motion for Transfer of Title and Possession, Notice of Intent to
Take Possession, Proposed Order Granting Petition and Appointing Commissioners and Proposed Order
authorizing Payment or Deposit and Transferring of Title in the matter of the Saint Paul Housing and
Redevelopment Authority vs. the City of Saint Paul, et al in the matter of the condemnation of real
property at the Northwest corner of Franklin and Berry Avenues for the Franklin- Emerald
Redevelopment Project.
Referred to the City Attorney's Office
4. Final Report of Commissioners in the matter of the State of Minnesota, by Mike Hatch, its Attorney
General vs. the City of Saint Paul, et al regarding the condemnation of certain lands for public purposes.
Referred to the City Attorney's Office
5. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on July 23, 2002, at 9:30 a.m., Room 41, Saint Paul City Hall, to consider the Wrecker /Towing License
held by A -1 Able Towing, 14 E. Acker Street.
6. Letter from the Office of the City Attorney announcing a hearing before the City Council on July 24,
2002, to consider the application of Otis Taylor for a Saint Paul Taxicab Driver's License.
7. Letters from the Office of the City Attorney recommending revocation of the provisional taxicab
driver's license of the following individuals based upon their failure to enroll in and successfully
complete a taxicab driver training course: Ahmed Boru, Fred Carey, Kariim Geer, Liban Haji, Elizabeth
Halleran, Erik Larson, Richard Laughead, Natasha Mazoleny, Hesham Oraby, Jeffrey Patterson,
Michael Phaneuf, Tim Regentz, Steven Schutte, Mukhtar Sherifali, Richard Spencer, and Christopher
Stumler.
8. Letter from the Real Estate Division announcing a public hearing before the City Council on July 24,
2002, to consider the petition of R.S. Eden to vacate City interest in the alley turnaround in Block 19,
Gurney Park lying south of the westerly extension of the north line of Lot 7, said Block 19 to facilitate
development of abutting property for multi - family housing.
FOR ACTION
9. Resolution - 02 -589 - Approving the Memorandum of Agreement between the Independent School
District No. 625 and the International Brotherhood of Electrical Workers No. 110 to establish terms and
conditions of employment for 2002 -2003. (To be laid over one week for adoption)
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Laid over to July 10
10. Resolution - 02 -590 - Approving payment of $11,237.50 to Leonid Pugach in full settlement of his
property damage claim against the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
11. Resolution - 02 -591 - Authorizing application to the Metropolitan Council for the Livable
Communities Demonstration Account Program.
Adopted Yeas - 7 Nays - 0
12. Resolution - 02 -592 - Amending the spending and financing plans of the 2002 Residential Street
Vitality Program in the Department of Public Works by transferring funding from the Arlington -
Edgerton to Payne and the 2001 Major Sewer Repair projects.
Adopted Yeas - 7 Nays - 0
13. Resolution - 02 -593 - Amending the spending and financing plans of the East 7th Street Lighting
and Streetscape project by adding PIA financing from the 1998 and 1999 Local Street, Alley, Sewer and
Lighting projects.
Adopted Yeas - 7 Nays - 0
14. Resolution - 02 -594 - Defending, indemnifying and holding Macalester College and the University
of St. Thomas harmless for the Division of Parks and Recreation to use their athletic track for the period
of April 1 to August 1, 2002, from 7:00 to 9:00 p.m.
Adopted Yeas - 7 Nays - 0
15. Resolution - 02 -595 - Amending Attachment A (correcting an error in the legal description) in
Council File 02 -348 adopted on April 24, 2002, vacating City interest in certain properties and
approving conveyance of title to the said properties to the Housing and Redevelopment Authority.
Adopted Yeas - 7 Nays - 0
16. Resolution - 02 -596 - Authorizing the proper City officials to execute a dedication of permanent and
temporary easements across City property for the purpose of reconstructing and maintaining an existing
retaining wall in Rice and Irvine's Addition.
Adopted Yeas - 7 Nays - 0
17. Resolution - 02 -597 - Suspending the Sanitary Disposal Vehicle License held by Ron Okerstrom,
dba Fergus Power Pump.
Adopted Yeas - 7 Nays - 0
18. Resolution - 02 -598 - Concerning adverse action against the Cigarette /Tobacco license held by
Snyder Drug Store, Inc. 45010, dba Snyder Drug Store, Inc., 2083 Ford Parkway.
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Adopted Yeas - 7 Nays - 0
19. Resolution - 02 -599 - Concerning adverse action against the Cigarette /Tobacco license held by
Snyder Drug Store, Inc., dba Snyder Brothers Drugs, Inc. 45073, 1620 White Bear Avenue North.
Adopted Yeas - 7 Nays - 0
20. Resolution - 02 -600 - Concerning adverse action against the Cigarette /Tobacco license held by Little
Grocery, dba Little Grocery, 1724 University Avenue West.
Adopted Yeas - 7 Nays - 0
21. Resolution - 02 -601 - Memorializing City Council action taken April 3, 2002, granting the
application of Christenson Corporation for preliminary plat approval for subdivision of property
bounded by Norfolk Avenue, Davern Street, and West Seventh Street to provide for construction of new
commercial and residential buildings. (Gateway Village)
Adopted Yeas - 7 Nays - 0
22 Resolution - 02 -602 - Memorializing City Council action taken June 5, 2002, granting the application
of Realife, Inc. for combined plat approval for subdivision of property at 1355 Phalen Boulevard (north
corner at Johnson Parkway) for residential development.
Adopted Yeas - 7 Nays - 0
23. Resolution - 02 -603 - Amending the 2002 budget in the Division of Parks and Recreation to include
funding for the Vista Survey and Enhancement project and authorizing proper City officials to enter into
any necessary agreements.
Adopted Yeas - 7 Nays - 0
24. Preliminary Order - 02 -604 - In the matter of improvements for the Downtown Streetscape Project,
Phase 2A, consisting of the total reconstruction of the streets, new curb, gutter, catch basins, clay pavers,
new street lighting and streetscape for Fourth Street West, Market Street and Washington Street and
setting date of public hearing for July 10, 2002. (File 418996A)
Adopted Yeas - 7 Nays - 0
25. Preliminary Order - 02 -605 - In the matter of improvements for the Downtown Streetscape Project,
Phase 213, consisting of the total reconstruction of the streets and intersection for Fifth Street West,
Market Street and Intersection at Sixth Street West and St. Peter Street and setting date of public hearing
for July 10, 2002. (File 418996B)
Adopted Yeas - 7 Nays - 0
26. Preliminary Order - 02 -606 - In the matter of improvements for the alley in Michel and Robertson's
Addition, Block 10, by constructing storm sewer and by grading and paving with a bituminous material
(bounded by James Avenue, Palace Avenue, Milton Street and Victoria Street), and setting date of
public hearing for July 24, 2002. (File 418971)
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Adopted Yeas - 7 Nays - 0
27. Preliminary Order - 02 -607 - In the matter of condemning and taking an easement in the land
necessary for the slopes, cuts, and fills, including the right of removal of lateral support and construction
of slopes in the grading and paving of the alley in Michel and Robertson's Addition, Block 10 (bounded
by James Avenue, Palace Avenue, Milton Street and Victoria Street), and setting date of public hearing
for July 24, 2002. (File 418971 S)
Adopted Yeas - 7 Nays - 0
28. Preliminary Order - 02 -608 - In the matter of improving the alley in Hazel Park, Block 4, by grading
and paving with a bituminous material (bounded by Case Street, LaCrosse Avenue, Kennard Street and
Flandrau Street), and setting date of public hearing for July 24, 2002. (File 418972)
Adopted Yeas - 7 Nays - 0
29. Preliminary Order - 02 -609 - In the matter of condemning and taking an easement in the land
necessary for the slopes, cuts, and fills, including the right of removal of lateral support and construction
of slopes in the grading and paving of the alley in Hazel Park, Block 4 (bounded by Case Street,
LaCrosse Avenue, Kennard Street and Flandrau Street), and setting date of public hearing for July 24,
2002. (File 418972S)
Adopted Yeas - 7 Nays - 0
30. Resolution Approving Assessment - 02 -610 - In the matter of the assessment of benefits, cost and
expenses for the installation of a water main in Snowshoe Lane, Winthrop Street, Boxwood Avenue and
Ogden Court, and setting date of public hearing for August 28, 2002. (File 418941)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
31. Resolution - 02 -473 - Approving the application for a Gambling Location License by Blues Saloon,
dba Lucy's, 601 Western Avenue North. (Legislative Hearing Officer recommends approval) (Laid over
from June 5)
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
32. Deputy Mayor Dennis Flaherty will provide a response from Mayor Kelly on the personnel issue in
the Office of Human Rights. (Requested by the City Council on June 26)
Dennis Flaherty, Deputy Mayor, appeared and stated that he had met with most Councilmembers the
previous day and followed up with a letter from Mayor Kelly regarding the issue of the two Human
Rights Specialists that the administration had proposed to transfer to the Citizen Service Office to help
out with the New Americans Office. After hearing the concerns expressed by many of the
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Councilmembers, Flaherty said the Mayor has decided not to move forward with that proposal. The
Mayor still feels very strongly about a void in services that the City is able to provide for a spiraling part
of the city's population which is new immigrants that find themselves in often difficult and sometimes
impossible situations. He would like to see something established within the Office of Citizen Services
so reach -out could be provided to them. He thought he had a solution but indicated he would welcome
the Council's thoughts and input on how to best make that happen and how the Council would propose
to best come up with the resources to provide this function. Mr. Flaherty said in the upcoming weeks he
would like to meet with Councilmembers individually to hear their thoughts and suggestions.
Councilmember Blakey asked Mr. Flaherty if the Deputy Director position in Human Rights has
definitely been cut. Mr. Flaherty responded in the affirmative. Mr. Flaherty said the Vendor Outreach
position, which has been in Human Rights less than two years, has returned to the Purchasing Office.
Mr. Blakey said he disagrees with the changes in those positions saying he feels they both should remain
in Human Rights and that there should be further discussion.
33. Update from Al Shetka, Department of Public Works, on the following issues pertaining to the
environmental and traffic impact study of the one -year test of the Ayd Mill Road connection to Interstate
35E:
Traffic volume information in order to determine which intersections should be monitored;
Responses to additional questions requested at the June 12 City Council Meeting (not included in
Council File 02 -531);
Report on speeding /traffic violations on Ayd Mill Road.
Councilmember Benanav moved to lay over to July 24
Laid over to July 24 Yeas - 7 Nays - 0
34. Consideration of the appeal of Rick Igo to a decision of the Board of Zoning Appeals denying an
appeal of a decision by the Zoning Administrator denying an application for legal nonconforming status
for outdoor storage of semi - trailers and other material on the property at 726 Selby Avenue. (Public
hearing held and laid over from June 26)
Councilmember Blakey moved to deny the appeal with the requirements that the outdoor storage must
be removed from the property within six (6) months of the hearing date or obtain the necessary building
permits and approvals for construction of a new building on the property. Said construction must
commence within one year of the hearing date. Mr. Igo must post a performance bond by August 7,
2002, in the amount of $2,000 and if the outdoor storage is not removed within 6 months or the
necessary permits and approvals are not obtained from the City for construction of a building on the site,
said bond will be forfeited and the money will be used to abate the outdoor storage.
Yeas - 7 Nays - 0
35. Resolution - 02 -587 - Amending the 2001 Capital Budget financing and spending plans to include
Neighborhood Investment Initiative, Purchase of the Benz Building, Marketing and Promotions, and
Police Mounted Patrol Horse Stable. (Laid over from June 26)
Councilmember Reiter moved approval.
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Councilmember Lantry clarified that what is shown on the information sheet the Council received is that
the current cost for the Public Safety Building and the Annex is $980,000 per year and it shows yearly
operations for the Benz Building of $800,000. There was an error in not including the $657,000 to that.
The total for the Public Safety Building and Annex is $1.457 million. Council President Bostrom said
one amount is for the cost of rehabing the building. The other is the ongoing normal costs there would
be for keeping the Public Safety Building open. In both cases, the amount of money that has been set
aside for this, would be covered with a minimal increase in the budget.
Councilmember Lantry noted that the operation today will cost $1 million and operation in another
building will be $1.5 million. She acknowledged that there is an additional $657,000 that needs to go for
repayment of the bonds but those are ongoing costs and not one -time costs. Plus the initial $1.5 million
to get into the transaction.
Council President Bostrom said it is on the speedy side but the benefit that the city and the citizens will
gain by the efficiency of having a police department that operates in a new modern facility attached to
the jail and all the other services it provides is ultimately going to give the city more police officers on
the street doing police work and more detectives doing detective work as opposed to transporting and
interviewing suspects, etc.
Council President Bostrom presented an amendment to the resolution to insure that the review is done
by the CIB Committee and also by the STAR Board.
Dennis Flaherty, Deputy Mayor, responded to questions of Councilmembers pertaining to the move.
Councilmember Harris moved approval of the amendment.
Yeas - 7 Nays - 0
Councilmember Harris moved approval of the resolution as amended.
Adopted as amended Yeas - 4 Nays - 3 (Blakey, Coleman, Lantry)
36. Resolution Ratifying Assessment - 02 -611 - In the matter of the assessment of benefits, cost and
expenses for Summary Abatements (property clean -up) at 1514 York Avenue (J0201AAA) and 1104
Rice Street (J0106AAAAA). (Legislative Hearing Officer recommends approval) (Public hearing held
on June 26)
Councilmember Reiter moved approval.
Adopted Yeas - 7 Nays - 0
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
37. Final Adoption - 02 -500 - An ordinance amending Chapter 77 of the Saint Paul Legislative Code to
authorize the Water Board to shut off water service to properties in the event sewer bills are delinquent
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for more than thirty (30) days.
Councilmember Reiter moved approval.
Adopted Yeas - 7 Nays - 0
38. Final Adoption - 02 -501 - An ordinance amending Chapter 91 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.
Councilmember Reiter moved approval.
Adopted Yeas - 7 Nays - 0
39. Final Adoption - 02 -514 - An ordinance amending the interim ordinance adopted in Council File 02-
648 (Arcade Street Study) by extending the terms of the interim ordinance established therein for an
additional six months as authorized in Minnesota Statutes 462.357, Subdivision 4.
Councilmember Coleman moved approval.
Adopted Yeas - 7 Nays - 0
40. Third Reading - 02 -549 - An ordinance memorializing City Council action approving the application
of Mark Steigauf to rezone property from RT -1 (Two - Family Residential) to B -2 (Community Business)
to conform with existing business and building at 1645 Iglehart Avenue (northeast corner at Pierce
Street). (Public hearing held May 22, 2002)
Laid over to July 10 for final adoption
41. Third Reading - 02 -550 - An ordinance memorializing City Council action approving the
application, with a condition, of Loraine Mike to rezone property from RT -1 (Two - Family Residential)
to B -3 (General Business) to expand a legal nonconforming auto body shop at 388 Front Street and 955
Western Avenue (southwest corner at Front Street and Western Avenue). (Public hearing held May 22,
2002)
Laid over to July 10 for final adoption
42. Third Reading - 02 -551 - An ordinance memorializing City Council action approving the application
of David and Alison Kronmiller to rezone property from RM -2 (Multi - Family Residential) to B -2C
(Community Business - Converted) to allow a professional office at 1684 Selby Avenue (between Pierce
and Aldine Streets). (Public hearing held May 22, 2002)
Laid over to July 10 for final adoption
43. Second Reading - 02 -570 - An ordinance establishing a new height limit for boulevard plantings of
36 inches, except for plantings within fifteen feet of any intersection or within five feet of any alley,
driveway approach or public utility fixture where plantings may not exceed the current height
requirement of twelve inches in height. (Substitute introduced on June 26)
Laid over to July 10 for third reading /public hearing
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44. First Reading - 02 -612 - An ordinance amending Chapter 355 of the Saint Paul Legislative Code
requiring second hand dealers to report certain transactions.
Laid over to July 10 for second reading
45. First Reading - 02 -613 - An ordinance memorializing City Council action approving the application
of the Housing and Redevelopment Authority to rezone property from RT -2 to P -1 to develop a parking
lot at 615, 617, 621 & 623 York Avenue (north side between Payne Avenue and Edgerton Street).
(Public hearing held June 5, 2002)
Laid over to July 10 for second reading
Suspension Items:
Councilmember Benanav moved suspension of the rules and approval of the following resolution:
Resolution - 02 -634 - Requesting Council Research, in consultation with the Office of License,
Inspections and Environmental Protection, to review the City's cabaret license policies and requirements
and report back to the City Council no later than August 28, 2002.
Adopted Yeas - 7 Nays - 0
Councilmember Coleman moved suspension of the rules and approval of the following resolution:
Resolution - 02 -635 - Approving an application for an Entertainment A License by Monkey Boys, Inc.,
dba Dixie's Bar and Smokehouse Grill and Saji -Ya, 695 Grand Avenue. (Legislative Hearing Officer
recommends approval)
Adopted Yeas - 7 Nays - 0
Councilmember Blakey moved to adjourn the meeting:
ADJOURNED AT 4:12 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson July 24, 2002
Assistant Council Secretary
nice
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