Minutes 11-20-2002Page 1 of 9
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, November 20, 2002 - 3:30 p.m.
PUBLIC HEARINGS - 5:30 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
Present - 6 - Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 1 - Benanav (arrived for public hearings)
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Public Hearings
CONSENT AGENDA (Items I - 29)
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 Michael and Jacqueline Chase, General Casualty (for Jacqueline Couillard), Ione Ponxs,
Daniel Sadoff, Douglas Stahl, and Brian Vicklun.
Referred to the Risk Management Division
2. Summons and Complaint, Certificate of Representation and Parties, Informational Statement Form
and Notice of Lis Pendens in the matter of Advanced Masonry Restorations, Inc., vs. Housing and
Redevelopment Authority aka Housing Redevelopment of St. Paul, et al.
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Referred to the City Attorney's Office
3. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on November 21, 2002, at 9:30 a.m. in Room 220, Conference Room B, Saint Paul City Hall, 15 West
Kellogg Boulevard, concerning the Currency Exchange License Renewal Application by Team
Management, Inc., dba Community Financial Centers, 259 University Avenue West.
4. Letter from the Office of the City Attorney announcing that the hearing before an Administrative Law
Judge concerning all licenses held by Dinner Club 2002, Inc., 1177 Clarence Street, scheduled for
November 5, 2002, has been rescheduled to November 22, 2002, at 9:30 a.m. in Room 42, Saint Paul
City Hall, 15 West Kellogg Boulevard.
5. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on December 10, 2002, at 9:30 a.m. in Room 42, Saint Paul City Hall, 15 West Kellogg Boulevard,
concerning all licenses held by Asian Cuisine LLC, 945 Rice Street.
6. Letter from the Office of Citizen Service /Division of Property Code Enforcement declaring 1066 7th
Street East as nuisance property and setting date of Legislative Hearing for November 26, 2002, and
City Council Hearing for December 4, 2002.
7. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on December 4, 2002, to consider the application of Lawrence Walker to rezone
property at 896 and the easterly portion of 904 Marshall Avenue from RT -1 (Two - Family Residential)
to RT -2 (Townhouse Residential) to allow a four -plex to be moved to this location.
8. Administrative Orders:
D002212 Authorizing the Police Department to remit an amount, not to exceed $300.00, to Byerly's,
1959 Suburban Avenue, for food service for participants in the "Interview and Interrogation" course on
November 7 and 8, 2002.
D002213 Authorizing payment, not to exceed $10,000, for relocation costs for the new Library Director,
Gina LaForce.
D002214 Approving the purchase of food and beverages, not to exceed $700.00, by the Department of
Public Works for street maintenance employee appreciation.
Noted as on file in the City Clerk's Office
FOR ACTION
9. Approval of minutes of October 23, 2002.
Adopted Yeas - 6 Nays - 0
10. Resolution - 02 -1041 - Approving the January 1, 2002 - December 31, 2003 Agreement between the
City of Saint Paul and the International Association of Fire Fighters, AFL -CIO Local 21. (Laid over
from November 13 for adoption)
Adopted Yeas - 6 Nays - 0
11. Resolution - 02 -1072 - Approving the May 1, 2002 through April 30, 2005 Maintenance Labor
Agreement between the City of Saint Paul and the United Association Plumbers Local Union No. 34 and
Sprinkler Fitters Local Union No. 417. (To be laid over to November 27 for adoption)
Laid over to November 27
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12. Resolution - 02 -1073 - Approving the appointments of Frank Caulfield, John Connelly, Laura
Offerdahl, Greg Simbeck, Maria Vega, and Fue Vue and the reappointments of Floyd Jaehnert, Randall
Reetz, Paul Savage, and Gary Unger, by Mayor Kelly, to the Long Range Capital Improvement Budget
Committee.
Adopted Yeas - 6 Nays - 0
13. Resolution - 02 -1074 - Approving the appointments of Judy Cavanaugh, Debbie Luna, Mary Anne
Mathews, Murray Sagsveen, and Alyssa Vang, by Mayor Kelly, to the Saint Paul /Ramsey County
Health Services Advisory Committee.
Adopted Yeas - 6 Nays - 0
14. Resolution - 02 -1075 - Creating the Saint Paul Airport Relations Committee with its members
appointed by the Mayor through the open appointments process and approved by the City Council. This
resolution supersedes Council File 00 -916 (adopted December 20, 2000).
Adopted Yeas - 6 Nays - 0
15. Resolution - 02 -1076 - Changing the rate of pay for the class titled Health Administration Manager
from Grade 24 to Grade 26 of the Saint Paul Supervisors Organization (SPSO) salary schedule.
Adopted Yeas - 6 Nays - 0
16. Resolution - 02 -1077 - Changing the effective date of the wage increase for certain Mayor
appointees to non - represented management positions.
Adopted Yeas - 6 Nays - 0
17. Resolution - 02 -1078 - Approving payment in the amount of $6,251.74 to Manoucher Rostamkhani
in full settlement of his claim against the City of Saint Paul related to property at 790 Selby Avenue.
Adopted (Amended settlement agreement introduced and adopted)
Yeas - 6 Nays - 0
18. Resolution - 02 -1079 - Concerning adverse action against the Cigarette /Tobacco License held by
Gehad A. Elfarra, dba Kormann's Supermarket, 719 Burr Street.
Adopted Yeas - 6 Nays - 0
19. Resolution - 02 -1080 - Memorializing City Council action taken September 4, 2002, approving a
preliminary and final plat for Danner Addition for subdivision of property to create two residential lots
at 569 and 575 McKnight Road between Mailand Road and Burlington Road.
Adopted Yeas - 6 Nays - 0
20. Resolution - 02 -1081 - Memorializing City Council action taken October 23, 2002, approving a
preliminary and final plat for Oak Bluff Second Addition for subdivision of property to create eight
residential lots at 2160 Highwood Avenue between Skyway Drive and McKnight Road.
Adopted Yeas - 6 Nays - 0
21. Resolution - 02 -1082 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property at 751 Central Avenue, 359 Maria Avenue, 320 Front Avenue, 1785
St. Clair Avenue, and 2135 Case Avenue.
Adopted as amended Yeas - 6 Nays - 0
22. Resolution - 02 -1083 - Approving the application of A M Investors, Inc., dba Pickles, 1082 Arcade
Street, for a Restaurant (C)- Limited, Malt Off Sale, Liquor On Sale- Sunday, Liquor On Sale -100 Seats
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or Less (C), Gambling Location, False Alarms, Entertainment (B), Cigarette /Tobacco, and Alarm Permit
(New). (Legislative Hearing Officer recommends approval with conditions)
Adopted Yeas - 6 Nays - 0
23. Resolution - 02 -1084 - Authorizing the preparation of plans and specifications for a noise wall on
the south side of Interstate 94 right -of -way between Cretin Avenue and Wilder Street.
Laid over to December 4 for public hearing Yeas - 6 Nays - 0
Councilmember Benanav's Office and MnDOT will host an Information Meeting on the sound
wall proposal on Wednesday, December 4th at 4:30 p.m. in Room 42 (Lower Level) of Saint Paul
City Hall, 15 W. Kellogg Blvd. Between 4:30 and 5:00 p.m., interested parties may review sound
wall data and drawings and at 5:00 p.m, Victor Vasas from MnDOT will make a presentation and
answer questions.
24. Resolution - 02 -1085 - Establishing a one -way segment on Edmund Avenue east bound from Dunlap
Street to Lexington Parkway.
Adopted Yeas - 6 Nays - 0
25. Resolution - 02 -1086 - Approving a STAR grant to upgrade amenities and make improvements at
the Dunning Baseball Stadium site.
Adopted Yeas - 6 Nays - 0
26. Resolution - 02 -1087 - Authorizing the Division of Parks and Recreation to enter into a contract with
Rustad & Associates, Inc./Midwest ATM to operate and maintain two existing ATM terminals on site at
the Como Campus and to install and operate additional ATM machines on City premises as requested.
Adopted Yeas - 6 Nays - 0
27. Resolution - 02 -1088 - Authorizing the proper City officials to accept and set up a financing and
spending plan for a grant of $175,000.00 from the Ramsey County Soccer Partners Program to assist in
acquisition of land for a soccer field at the Jimmy Lee Recreation Center.
Adopted Yeas - 6 Nays - 0
28. Resolution - 02 -1089 - Releasing contingency funds in the 2002 Parks and Recreation Forestry
budget for use towards stump removal and buckthorn eradication.
Adopted Yeas - 6 Nays - 0
29. Resolution - 02 -1090 - Accepting a donation from the Schubert Club of Saint Paul for construction
of the Schubert Club Bandshell on Raspberry Island.
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
30. Appeal of Colleen Moore to a summary abatement order for property at 1774 Norfolk Avenue. (Laid
over from October 23) (Legislative Hearing Officer recommends denying the appeal) Referred to a
Legislative Hearing for November 26, 2002, and laid over to the December 4, 2002, City Council
Meeting Yeas - 6 Nays - 0
31. Resolution - 02 -1054 - Authorizing the use of fund balance for the purchase of two Toro mowers
and a Load and Pack type one person refuse collection compacting vehicle. (Laid over from November
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13)
Adopted Yeas - 6 Nays - 0
32. Resolution - 02 -1069 - Endorsing the creation of a Ramsey County /City of Saint Paul Homeless
Advisory Board and directing the appropriate staff to assist in the implementation and operation of the
Advisory Board. (Laid over from November 13)
Adopted as amended Yeas - 6 Nays - 0
33. Presentation by Martha Fuller, Director, Department of Planning and Economic Development, on
the Overview of 2002 Housing Program Production.
A report was presented by Martha Fuller, Department of Planning and Economic Development.
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
34. Final Adoption - 02 -612 - An ordinance amending Chapter 355 of the Saint Paul Legislative Code
requiring second hand dealers to report certain transactions. (Laid over from October 9) (Substitute
ordinance will be introduced)
Substitute introduced and laid over to November 27 for final adoption
Yeas - 6 Nays - 0
35. Final Adoption - 02 -987 - An ordinance granting the application of Arthur Baumeister to rezone
property at the southwest corner of Page and Concord Streets from R -4 to RT -1 to construct two
duplexes. (Public hearing held September 25, 2002)
Adopted Yeas - 6 Nays - 0
36. First Reading - 02 -1091 - An ordinance memorializing City Council action approving the application
of Lorraine Peltier to rezone property from RT -1 (Two - Family Residential) to I -1 (Industrial) to allow
expansion of existing wire cloth business at 12 W. Acker Street, between Sylvan Street and Lightner
Place. (Public hearing held October 23, 2002)
Laid over to November 27 for second reading
37. First Reading - 02 -1092 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code to
rezone 1760 Larpenteur Avenue from R -3 to B -3 to become part of a new retail development and to
resolve zoning district boundary conflict.
Laid over to November 27 for second reading
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
38. Third Reading - 02 -988 - An ordinance amending Section 33.05 of the Saint Paul Legislative Code
to increase Certificate of Occupancy renewal fees by 25 %.
Laid over to November 27 for final adoption
39. Third Reading - 02 -1025 - An ordinance amending Section 409.06 of the Saint Paul Legislative
Code to clarify that the distance restrictions between off -sale liquor stores cannot be waived.
Laid over to November 27 for final adoption
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40. Third Reading - 02 -1026 - An ordinance repealing Chapter 341 (Milk) of the Saint Paul Legislative
Code by enacting a delegation agreement between the City and the Minnesota Department of
Agriculture with the City discontinuing the licensing and inspecting of milk plant /service licenses.
Laid over to November 27 for final adoption
41. Third Reading - 02 -1027 - An ordinance repealing Chapter 339 (Ice Cream Processing and
Distributing) of the Saint Paul Legislative Code by enacting a delegation agreement between the City
and the Minnesota Department of Agriculture with the City discontinuing the licensing and inspecting of
ice cream processing and distributing licenses.
Laid over to November 27 for final adoption
42. Third Reading - 02 -1028 - An ordinance repealing Chapter 374 (Food Salvage) of the Saint Paul
Legislative Code by enacting a delegation agreement between the City and the Minnesota Department of
Agriculture with the City discontinuing the licensing and inspecting of food salvage licenses.
Laid over to November 27 for final adoption
43. Third Reading - 02 -1029 - An ordinance amending Chapter 331A (Food Protection Standards) of the
Saint Paul Legislative Code to be consistent with the Minnesota Department of Agriculture license types
and to make the license fees more equitable.
Laid over to November 27 for final adoption
44. Third Reading - 02 -1030 - An ordinance amending Chapter 366 of the Saint Paul Legislative Code
to be consistent with the new definitions in Chapter 331A (Block Parties, Community Festivals and
Special Events).
Laid over to November 27 for final adoption
45. Third Reading - 02 -1031 - An ordinance amending Chapter 310 (Uniform License Procedures) of
the Saint Paul Legislative Code by deleting certain licenses no longer enforced by the City of Saint Paul
and reflecting the new license classifications and fees as a result of changes to Chapter 331A of the Saint
Paul Legislative Code.
Laid over to November 27 for final adoption
46. Resolution - 02 -1093 - Approving the petition of Regions Hospital to vacate that part of Belleview
Street lying southwesterly of the southwest right -of -way line of Jackson Street, northeasterly of the
southeasterly extension of the center line of Capitol Heights Street and northwesterly of the center line
of said Belleview Street to facilitate development of a parking lot.
Adopted Yeas - 7 Nays - 0
47. Resolution - 02 -996 - Approving the petition of the City of Saint Paul to vacate interest in the Old
East Team Police Station and convey title to the Housing and Redevelopment Authority. (Laid over
from November 13)
Adopted Yeas - 7 Nays - 0
48. Resolution - 02 -1094 - Approving the establishment of the Shepard Davern Tax Increment
Financing District and a Tax Increment Financing Plan.
Substitute introduced and adopted Yeas - 7 Nays - 0
49. Resolution - 02 -289 - Ordering the owner to remove or repair the building at 860 Euclid Street
within fifteen (15) days from adoption of resolution. (Laid over from October 23) (Legislative Hearing
Officer recommends approval)
Laid over to December 4 Yeas - 7 Nays - 0
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50. Resolution - 02 -1038 - Ordering the owner to remove or repair the building at 1083 Conway Street
within fifteen (15) days from adoption of resolution. (Laid over from November 13) (Legislative
Hearing Officer recommends approval)
Laid over to February 19, 2003 Yeas - 7 Nays - 0
51. Resolution - 02 -1095 - Ordering the owner to remove or repair the building at 695 Charles Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Laid over to January 22, 2003 Yeas - 7 Nays - 0
52. Resolution - 02 -1096 - Ordering the owner to remove or repair the building at 278 Topping Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting
the owner 180 days to complete the rehabilitation of the property provided the following is done by
noon on November 20, 2002: 1) post the $2,000 bond; 2) pay the $200 vacant building fee; and 3) apply
for a code compliance inspection.)
Laid over to December 4 Yeas - 7 Nays - 0
53. Resolution - 02 -1097- Ordering the owner to remove or repair the building at 136 Wilder Street
North within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
granting the owner 180 days to complete the rehabilitation of the property provided the $2,000 bond is
posted by noon on November 20, 2002.
Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 7 Nays -
0
54. Resolution - 02 -1037 - Ordering the owner to remove or repair the building at 706 Charles Avenue
within fifteen (15) days from adoption of resolution. (Laid over from November 6) (Legislative Hearing
Officer recommends granting the owner 180 days to complete the rehabilitation of the property provided
the following is done by noon on November 20, 2002: 1) post the $2,000 bond; and 2) pay the $200
vacant building fee.
Adopted (remove or repair within 15 days) Yeas - 7 Nays - 0
55. Appeal of Michael Harper to a Notice of Condemnation and Order for property at 1560 Western
Avenue North. (Legislative Hearing Officer recommends denying the appeal)
Laid over to December 4 (continue public hearing) Yeas - 7 Nays - 0
56. Final Order - 02 -1098 - In the matter of improving various streets in Ward 4 with bituminous
roadway, constructing 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 said improvements for the Wheeler /Iglehart RSVP Paving and Lighting Project. (File No.
18957)
Adopted Yeas - 5 Nays - 0 (Coleman, Reiter not present for vote)
57. Final Order - 02 -1099 - In the matter of construction of water, sanitary sewer, storm sewer service
connections and /or sanitary sewer repair and sidewalk reconstruction, if requested by the property
owner, in conjunction with the Wheeler /Iglehart RSVP Paving and Lighting Project. (File No. 18957C)
Adopted Yeas - 5 Nays - 0 (Coleman, Reiter not present for vote)
58. Final Order - 02 -1100 - In the matter of improving various streets in Ward 7 with new bituminous
roadway, concrete curbs and gutters, concrete driveway aprons and outwalks, boulevard sodding, tree
planting, construction of a lantern style lighting system, and all other work necessary to complete said
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improvements as part of the Edgebrook/Morningside Street Paving and Lighting Project. (File No.
18973)
Adopted Yeas - 7 Nays - 0
59. Final Order - 02 -1101 - In the matter of construction 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 Edgebrook/Morningside Area Street Paving and Lighting Project. (File No. 18973C)
Adopted Yeas - 7 Nays - 0
60. Resolution - 02 -1102 - Approving the application of Tom Scanlon, Dubliner Pub, 2162 University
Avenue West, for a sound level variance to allow amplified Irish live band music in an outdoor tent on
the parking lot during their St. Patrick's weekend event on March 16, 2003, from 5:00 p.m. to 12:00
midnight and on March 17, 2003, from 1:00 p.m. to 12:00 midnight.
Adopted Yeas - 7 Nays - 0
61. Public hearing to consider the application of Virginia Simek to rezone property from R -3 (One -
Family Residential) to RM -2 (Multiple - Family Residential) for construction of six townhouses at 965
St. Paul Avenue (southwest corner of St. Paul Avenue and Montreal Avenue). (Laid over from
November 6)
Laid over to December 11 Yeas - 7 Nays - 0
62. Public hearing to consider the appeal of Wrecker Services, Inc. to a decision of the Planning
Commission denying a Conditional Use Permit for a motor vehicle salvage operation at 590 Randolph,
southeast corner of Randolph Avenue and Drake Street.
Motion of Intent - Appeal denied Yeas - 7 Nays - 0
63. Resolution - 02 -1035- Denying the application for a Taxicab Driver's License by Abdulahi O.
Mohamed. (Laid over from November 6)
Adopted Yeas - 7 Nays - 0
64. Resolution - 02 -1036 - Denying the taxicab driver's license application of Khaled Z. Elsawy. (Laid
over from November 6)
Adopted Yeas - 7 Nays - 0
65. Resolution - 02 -1103 - Concerning adverse action against the licenses held by Whoopee, Inc., dba
Triviski's Bar, 173 South Robert Street.
Substitute introduced and adopted Yeas - 7 Nays - 0
66. Resolution - 02 -1104 - Concerning adverse action against the Tow Truck/Wrecker License held by
Rapid Recovery, Inc., dba Rapid Recovery, Inc., 240 West Sycamore Street.
Adopted Yeas - 7 Nays - 0
67. Resolution - 02 -1105 - Concerning adverse action against the licenses held by Jefferson Enterprises,
Inc., dba Jefferson Auto Repair, 975 West Minnehaha Avenue.
Adopted as amended Yeas - 6 Nays - 0 (Blakey not present for vote)
68. Resolution - 02 -1106 - Concerning adverse action against the licenses held by The Vintage, Inc., 579
Selby Avenue.
Adopted as amended Yeas - 5 Nays - 2 (Benanav, Lantry)
69. Public hearing to consider the report of the Administrative Law Judge concerning all licenses held
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by Dinner Club 2000, 1177 Clarence Street.
Adopted the Findings of Fact, Conclusions of Law and the Recommendation of the Administrative
Law Judge (Licenses revoked) Yeas - 7 Nays - 0
70. Public hearing to consider the appeal of Clear Channel Outdoor, Inc. to a decision of the Saint Paul
Planning Commission revoking a billboard repair permit issued by the Office of License Inspections and
Environmental Protection (LISP) for a wooden, v- shaped billboard with two sign faces on the northwest
corner of St. Clair Avenue and Ayd Mill Road.
Motion of Intent - Appeal Denied Yeas - 5 Nays - 2 (Blakey, Reiter)
No Suspension Items
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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