Minutes 10-2-2002Page 1 of 8
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, October 2, 2002 - 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
• Reconsidered Item
• Suspension Items
Present - 6 - Benanav, Blakey, Bostrom, Harris, Lantry, Reiter
Absent - 1 - Coleman (arrived after roll call)
CONSENT AGENDA (Items 1 - 21)
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.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Jennifer Bejblik, Brian Hansen, John Janke and Robert Murphy.
Referred to the Risk Management Division
2. Summons and Complaint, Notice of Motion and Motion for Temporary Restraining Order,
Memorandum of Law in Support of Plaintiffs Motion for Temporary Restraining Order, Proposed
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Order, and Amended Verified Complaint in the matter of the Ramsey Hill Association vs. the City of St.
Paul and Khalid Effendi and Faezeh Effendi.
Referred to the City Attorney's Office
3. Summons and Complaint in the matter of Manoucher Rostamkhani vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
4. Notice of Filing of Order, Findings of Fact, Conclusions of Law and Order (A) Granting Petition and
Appointing Commissioners and (B) Authorizing Payment or Deposit and Transferring of Title and
Possession in the matter of the Saint Paul Housing and Redevelopment Authority vs. the City of Saint
Paul, John M. Tendall, et al.
Referred to the City Attorney's Office
5. Defendant Elliott Contracting Corporation's Informational Statement in the matter of Weber Electric,
Inc. vs. the City of Saint Paul, Gopher State Ethanol, LLC, et. al.
Referred to the City Attorney's Office
6. Answer, Cross Claim and Counterclaim of Lovegreen Industrial Services, Inc. in the matter of Weber
Electric, Inc. vs. the City of St. Paul, Gopher State Ethanol, LLC, et al.
Referred to the City Attorney's Office
7. Letter from the Real Estate Division announcing a public hearing before the City Council on October
23, 2002, to consider the petition of the City of Saint Paul, on behalf of the Police Department, to vacate
Lots 3 and 4 and the northeasterly 10 feet of Lot 5, Subdivision of Block 5, Lyman Dayton's Addition
(Old East Team Police Station) to make the property available for development.
8. Letters from the Citizen Service Office /Division of Property Code Enforcement declaring 1684 Burns
Avenue, 1143 Hudson Road, 1165 Hudson Road, and 14 Jessamine Avenue East as nuisance properties
and setting date of Legislative Hearings for October 8, 2002, and City Council Hearing for October 23,
2002.
9. Revised letter from the Citizen Service Office /Property Code Enforcement Division declaring X%
Selby Aven 790 Laurel Avenue as nuisance property. (For notification purposes only; public hearing
will be scheduled at a later date if necessary.) (The incorrect address of 790 Selby Avenue was listed on
the September 18, 2002, City Council Agenda.)
10. Administrative Orders:
D002196 Authorizing the Department of Fire and Safety Services to pay for stipend costs ($50.00 per
teacher - not to exceed $3,750.00) for teachers attending a training workshop on Risk Watch Injury -
Prevention curriculum.
D002197 Authorizing the Department of Fire and Safety Services to pay $1,200.00 for light
refreshments for two teacher training workshops on Risk Watch Injury- Prevention curriculum.
D002198 Transferring funds from the Capital Maintenance contingency to the Division of Parks and
Recreation Capital Maintenance budget for the completion of the Frost Lake Recreation Center's roof.
Noted as on file in the City Clerk's Office
FOR ACTION
11. Resolution - 02 -912 - Approving the January 1, 2002 through December 31, 2003 Collective
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Bargaining Agreement between the City of Saint Paul and the Saint Paul Fire Supervisory Association
International Association of Fire Fighters Local 3939. (To be laid over one week for adoption)
Laid over to October 9 for adoption
12. Resolution - 02 -913 - Amending Council File Numbers 91 -1414 and 94 -848 by expanding the
membership of the Bicycle Advisory Board to include three (3) at -large citizen members.
Adopted Yeas - 6 Nays - 0
13. Resolution - 02 -914 - Rescinding Council File Number 02 -353 by allowing two streets (Hyacinth
Avenue and Bradley Street) to opt out of the Cottage /Greenbrier Area Paving and Lighting project.
Adopted Yeas - 6 Nays - 0
14. Resolution - 02 -915 - Establishing the year 2003 Residential Street Vitality Program assessment
rates.
Adopted Yeas - 6 Nays - 0
15. Resolution - 02 -916 - Accepting discarded exercise equipment valued at $3,000 from Lifetime
Fitness for use by the Police Department.
Adopted Yeas - 6 Nays - 0
16. Resolution - 02 -917 - Authorizing the Police Department to enter into an agreement with the State of
Minnesota, Century College, for approximately 300 hours of Peace Officers Standards and Training
Board (POST) approved training from September 1, 2002 through June 30, 2003.
Adopted Yeas - 6 Nays - 0
17. Resolution - 02 -918 - Authorizing the Police Department to enter into an agreement with
Washington County Agricultural Society to use the Washington County Fairgrounds on October 30,
2002, for training the 2002 Police Recruit Academy in Mobile Field Force Tactics.
Adopted Yeas - 6 Nays - 0
18. Resolution - 02 -919 - Canceling the assessment for an incorrectly assessed parcel for 2002 lead
service replacement at 629 Snelling Avenue North.
Adopted Yeas - 6 Nays - 0
19. Resolution - 02 -920 - Setting a public hearing date of November 6, 2002, for proposed water charges
for the year 2003.
Adopted Yeas - 6 Nays - 0
20. Resolution - 02 -921 - Memorializing City Council action denying the appeal of McClay Alton
Attorneys, on behalf of Grace Community Church, to a decision of the Heritage Preservation
Commission denying a demolition permit application to raze the structure at 873 Portland Avenue
(Grace Community Church, Hill Historic District). (Public hearing held on July 24, 2002)
Adopted Yeas - 6 Nays - 0
21. Resolution - 02 -922 - Memorializing City Council action by adopting the Findings of Fact,
Conclusions of Law and Recommendation of the Administrative Law Judge and denying the license
application by Lucky Star, Inc., dba Bangkok City Supper Club for Liquor On -Sale, Sunday On Sale,
Restaurant, Entertainment Liquor Extension of Service (Patio), Cigarette /Tobacco and Dance Hall
Licenses, 733 Pierce Butler Route. (Public hearing held on August 28, 2002)
Adopted Yeas - 6 Nays - 0
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FOR DISCUSSION
22. Report by the Department of Planning and Economic Development on the possible use of land trusts
and essential function bonds to finance the production of affordable housing. (Requested by the Council
in Council File 02 -510 adopted June 5)
Laid over to October 23 Yeas - 7 Nays - 0
23. A report from Council Research regarding the responses from the Capital Improvement Budget
Committee (CIB) and the STAR Boards to the questions addressed by the Administration on the various
issues and recommendations for the STAR Program. (Requested by the Council on August 21)
Laid over to October 23 Yeas - 7 Nays - 0
24. A report from the Department of Planning and Economic Development staff on a thorough analysis
of the STAR Program. (Requested by the Council on August 21)
Laid over to October 23 Yeas - 7 Nays - 0
25. Follow -up report by Gerry Strathman, Council Research Director, and the Administration on
"Information Summary Regarding the Organizations Responsible for the City of Saint Paul's
Convention, Entertainment, Visitor and Tourism Industry." (Requested by the Council on April 10 and
laid over from September 4)
A report was presented by Erich Mische, Director of Marketing and Promotions.
26. A Report from the Administration on budget recommendations for the study on updating Saint Paul's
emergency radio communication system to an 800 Mhz digital radio system. (Requested by the Council
in Council File 02 -877 adopted September 18)
A report will be presented at the October 9th City Council Budget Meeting.
27. An update from staff in the Department of Public Works on the City streets /traffic involved with the
Safe Routes to School Program. (Requested by the City Council on August 21 and laid over from
September 25)
An update was presented by John Maczko, Department of Public Works - Traffic Division.
(Councilmember Blakey left the meeting at this point.)
28. An update from staff in the Department of Public Works to consider the "Keep Kids Alive" program
for the City of Saint Paul. (Requested by the City Council on August 21 and laid over from September
25)
Laid over to October 9 Yeas - 6 Nays - 0
29. A report from the Office of Neighborhood Housing and Property Improvement regarding changes in
citation issuance policies and accelerated timelines for correcting code violations. (Requested by the
City Council on September 25)
Laid over to October 9 Yeas - 6 Nays - 0
30. Resolution - 02 -885 - Approving the application for Gas Station, Grocery and Cigarette /Tobacco
Licenses by Maryland Amoco, 1200 White Bear Avenue North. (Legislative Hearing Officer
recommends approval with conditions) (Laid over from September 25)
Adopted Yeas - 6 Nays - 0
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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 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
31. Final Reading - 02 -770 - An ordinance amending Saint Paul Legislative Code Chapter 310.18 with
housekeeping language and adding a fee for a Taxicab Replacement Vehicle license sticker and the
required taxicab driver training course.
Adopted Yeas - 6 Nays - 0
32. Final Reading - 02 -814 - An ordinance amending Chapters 87 and 91 of the Saint Paul Legislative
Code pertaining to the rules and regulations of Saint Paul Regional Water Services as recommended by
the Saint Paul Board of Water Commissioners.
Adopted Yeas - 6 Nays - 0
33. Final Reading - 02 -870 - An ordinance memorializing City Council action approving the petition of
Catholic Charities to rezone property from B -3 to RM -2 to construct a 16 -unit apartment building at
1034 Lafond Avenue. (Public hearing held on August 28, 2002)
Adopted Yeas - 6 Nays - 0
34. Second Reading - 02 -898 - An ordinance amending Chapter 324 of the Saint Paul Legislative Code
establishing time periods for the purpose of calculating the presumptive penalty for a violation of sale of
tobacco to a minor.
Laid over to October 23 for third reading /public hearing
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
35. Third Reading - 02 -871 - An ordinance rescinding the requirement that cabaret license applicants
hold restaurant licenses. (Amended on September 25)
Laid over to October 9 for final adoption
36. Resolution - 02 -923 - Ratifying the 2002 Street /Alley Maintenance Service Charge.
Adopted Yeas - 6 Nays - 0
37. Resolution Ratifying Assessment - 02 -924 - In the matter of the assessment of benefits, cost and
expenses for summary abatement (property clean -up) at 815 Charles Avenue (J0205A). (Laid over from
September 25) (Laid over to the October 1, 2002, Special Legislative Hearing)
Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 6 Nays -
0
38. Public hearing in the matter of the assessment of benefits, cost and expenses for summary abatement
(property clean -up) at 1740 Stillwater Avenue (J0205A). (Laid over from September 25) (Laid over to
the October 1, 2002, Special Legislative Hearing) (Resolution Ratifying Assessment will be
introduced under Suspension)
Public hearing held. (See Suspension Items - Resolution Ratifying Assessment was introduced).
39. Resolution Ratifying Assessment - 02 -925 - In the matter of the assessment of benefits, cost and
expenses for grass cutting (by private contractor) for part of July 2002 (J0202G); towing abandoned
vehicles from private property for April 2002 and part of May and June 2002 (J0204V); summary
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abatements (property clean -up) for part of July 2002 (J0206A); and boarding -up vacant buildings for
June and July, 2002 (J0206B).
Legislative Hearing Officer recommends the following:
1011 Conway Street (J0204V) - laying over to the October 1, 2002, Special Legislative Hearing -
approval of the assessment.
490 Edmund Avenue (J0204V) - approval of the assessment
1504 Sherburne Avenue (J0204V) - reduce the assessment from $512.05 to $155.00 plus the $45.00
service fees for a total assessment of $200.00
1816 Stillwater Avenue (J0206A) - approval of the assessment
837 Fourth Street East (J0206B) - approval of the assessment
931 Marshall Avenue (J0204V) - approval of the assessment
1416 Park Street (J0206A) - approval of the assessment
1630 Reaney Avenue (J0204V) - Laid over to the October 8, 2002,
Legislative Hearing and to the October 23, 2002, City Council Meeting
846 Van Buren Avenue (J0204V) - approval of the assessment
719 Case Avenue (J0206A) - laying over to the October 1, 2002, Special Legislative Hearing - delete
the assessment
Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 6 Nays -
0
Appeal of Christine M. McGirl to a summary abatement order for property at 1240 Berkeley Avenue.
(Legislative Hearing Officer recommends laying over to the November 12, 2002, Legislative Hearing
and the November 20, 2002, City Council Meeting).
Laid over to October 8, 2002, Legislative Hearing and the October 23, 2002, City Council Meeting.
Yeas - 6 Nays - 0
Resolution Ratifying Assessment - 02 -926- In the matter of the assessment of benefits, cost and
expenses for the improvement of the St. Clair Avenue /Cliff Street Area Street Paving and Lighting
project. (File No. 18958)
Adopted Yeas - 6 Nays - 0
Resolution Ratifying Assessment - 02 -927 - In the matter of the assessment of benefits, cost and
expenses for the Cottage /Greenbrier Area Paving and Lighting project. (File No. 18954)
Adopted Yeas - 6 Nays - 0
43. Public hearing to consider the application of SISKA Group for preliminary and final plat approval
for subdivision of property at 2160 Highwood Avenue between Skyway Drive and McKnight Road to
create eight (8) residential lots.
Laid over to October 16 Yeas - 6 Nays - 0
44. Public hearing to consider the appeal of Lang Vu to a decision of the Board of Zoning Appeals
denying side yard setback variances in order to construct a new single family home at 1011 Burns
Avenue.
Motion of Intent - Appeal denied Yeas - 6 Nays - 0
Reconsidered Item
Resolution - 02 -901 - Approving Denying the petition of the Saint Paul Housing and Redevelopment
Authority on behalf of Atlantic Financial Group to vacate certain subterranean areas of Filmore Street
between Robert Street and Livingston Avenue to facilitate construction of a pedestrian tunnel and a
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private storm sewer. (File No. 25 -2001) (This C.F. 02 -901 was reconsidered for the purpose of
clarifying that the resolution stated it was denying the petition. This resolution was adopted on
September 25, 2002.)
Adopted Yeas - 6 Nays - 0 (Blakey not present for vote)
Suspension Items
Councilmember Blakey requested the following written reports to be provided to the City Council
by October 9, 2002: that the Police Department and the Department of Public Works provide
information regarding the young student that was struck by a car and killed this past week, and
what measures are being taken regarding the safety of school children. Also, he requested the
School District to provide to the City Council, by October 9, 2002, their transportation policy on
school children transported by bus to public /magnet schools.
Resolution Ratifying Assessment - 02 -928 - In the matter of the assessment of benefits, cost and
expenses for summary abatement (property clean -up) at 1740 Stillwater Avenue. (Laid over from
September 25)
Adopted Yeas - 6 Nays - 0 (Blakey not present for vote)
Council Meeting Information
Website
For an updated copy of the City Council Meeting agendas or minutes, please visit our website at
www.ci.stpaul.mn.us /council.
Cable
The City Council and Housing and Redevelopment Authority (HRA) 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 and HRA Agendas are cablecasted on Saturdays at 8:00
a.m. and 7:30 p.m., Sundays at 5:30 p.m., Mondays at 8: 00 a.m. 1: 30 p.m., and 5:30 p.m.; Tuesdays at
8:00 a.m., and 5: 30 p.m.; and Wednesdays at 8:00 a.m. and 1: 30 p.m.
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