Minutes 1-2-2002Page 1 of 7
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, January 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
Present - 6 - Benanav, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 1 - Blakey (excused)
CONSENT AGENDA (Items 1 - 34)
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 Farah Heile, William J. Mauzy, Attorney at Law, (for Thomas R. Berkelman), Darrell
Owen, Omar Hernandez Quintero, and Ben Sholl.
Referred to the Risk Management Division
2. Summons and Complaint in the matter of Douglas Thirlwall, as trustee for the heirs and next of kin of
Norma Jean Thirlwall, and Dolores T. Fischer vs. the City of St. Paul, et al.
Referred to the City Attorney's Office
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3. Summons and Complaint in the matter of Ronald Alwin vs. the St. Paul Saints Baseball Club, Inc. and
the City of St. Paul.
Referred to the City Attorney's Office
4. Summons and Application in the matter of application of William T. Greene and Sharon H. Greene.
Referred to the City Attorney's Office
5. Demand for Judicial Determination of Forfeiture of Motor Vehicle, Stephanie Paula Anderson.
Referred to the City Attorney's Office
6. Notice of Intent to Take Possession regarding the County of Ramsey v. Amoco Oil Company, et al. in
the matter of the condemnation of certain lands for highway purposes.
Referred to the City Attorney's Office
7. Notice of Appeal in the matter of the Port Authority of the City of Saint Paul v. Tri Leasing and
Constructing, Inc., et al. (Maxson Steel /Dale Street Shops Industrial Development District)
Referred to the City Attorney's Office
8. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
January 23, 2002, on the report of the Administrative Law Judge concerning all licenses held by Blue's
Saloon, Inc., dba Lucy's, 601 Western Avenue North.
9. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
January 23, 2002, on the report of the Administrative Law Judge concerning all licenses held by Shaul
Enterprises, Inc., dba Herge's Bar, 981 West University Avenue.
10. Letters from the Citizen Service Office /Division of Property Code Enforcement declaring 625
Charles Avenue and 857 Jenks Avenue as nuisance properties and setting date of Legislative Hearings
for January 8, 2002, and City Council Hearings for January 23, 2002.
11. Letters from the Office of the City Attorney concerning notice of intent to revoke provisional taxicab
driver's license held by Hassan Nor Abdulkadir, Angela Durham, William Fadness, Shawn Gardner,
Dereje Gebremariam, Abdiaziz Hirsi, Mohamed Mahamud, Ahmednoor Mukhta, Mark Stoffel, and
James Webster.
12. Administrative Orders:
D002095 Authorizing payment not to exceed $4,100.00 for food service on site for the Police
Department Training Unit's 2001 -4 Recruit Academy on December 17 -21, 2001, at Camp Ripley.
D002096 Approving the purchase of 71 dinner certificates valued at $25 each to be awarded to Public
Works employees with exemplary driving records.
Noted as on file in the City Clerk's Office
FOR ACTION
13. Resolution - 02 -01 - Approving the appointment of Dennis J. Flaherty as Deputy Mayor and Acting
Mayor by Mayor Kelly.
Adopted Yeas - 6 Nays - 0
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14. Resolution - 02 -02 - Approving the appointment of Manuel Cervantes as City Attorney by Mayor
Kelly.
Adopted Yeas - 6 Nays - 0
15. Resolution - 02 -03 - Approving the appointment of Sia Lo as Deputy City Attorney by Mayor Kelly.
Adopted Yeas - 6 Nays - 0
16. Resolution - 02 -04 - Approving the appointment of Edward McDonald as Director of Affirmative
Action by Mayor Kelly.
Adopted Yeas - 6 Nays - 0
17. Resolution - 02 -05 - Approving the appointment of Donald Luna as City Clerk and Director of
Citizen Service by Mayor Kelly.
Substitute introduced and adopted Yeas - 6 Nays - 0
18. Resolution - 02 -06 - Approving the appointment of Kathy Megarry as Acting Director of Human
Resources and Director of Labor Relations by Mayor Kelly.
Adopted Yeas - 6 Nays - 0
19. Resolution - 02 -07 - Approving the appointment of Roger Curtis as Director of License, Inspections
and Environmental Protection (LISP) by Mayor Kelly.
Adopted Yeas - 6 Nays - 0
20. Resolution - 02 -08 - Approving the appointment of Erich Mische as Director of Marketing and
Promotions by Mayor Kelly.
Adopted Yeas - 6 Nays - 0
21. Resolution - 02 -09 - Approving the appointment of Tony Schertler as the Interim Director of
Planning and Economic Development by Mayor Kelly.
Adopted Yeas - 6 Nays - 0
22. Resolution - 02 -10 - Approving the appointment of Bob Sandquist as Director of Public Works by
Mayor Kelly.
Adopted Yeas - 6 Nays - 0
23. Resolution - 02 -11 - Approving the appointment of Jason Anderson as Assistant to the Mayor I by
Mayor Kelly.
Adopted Yeas - 6 Nays - 0
24. Resolution - 02 -12 - Approving the appointment of Mark Engebretson as Assistant to the Mayor I by
Mayor Kelly.
Adopted Yeas - 6 Nays - 0
25. Resolution - 02 -13 - Approving the appointment of Laura Mortenson as Assistant to the Mayor II by
Mayor Kelly.
Adopted Yeas - 6 Nays - 0
26. Resolution - 02 -14 - Approving the appointment of Mary Thornton Phillips as Assistant to the
Mayor III by Mayor Kelly.
Adopted Yeas - 6 Nays - 0
27. Resolution - 02 -15 - Approving the appointment of Kurt Schultz as Assistant to the Mayor III by
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Mayor Kelly.
Adopted Yeas - 6 Nays - 0
28. Resolution - 02 -16 - Approving the appointment of Nancy Haas as Assistant to the Mayor V by
Mayor Kelly.
Adopted Yeas - 6 Nays - 0
29. Resolution - 02 -17 - Approving the appointment of Martha G. Fuller as Assistant to the Mayor VI by
Mayor Kelly.
Adopted Yeas - 6 Nays - 0
30. Resolution - 02 -18 - Approving payment of $139,075.84 to MA Associates, Inc. in full settlement of
their claim against the City of Saint Paul.
Adopted Yeas - 6 Nays - 0
31. Resolution - 02 -19 - Amending the spending and financing plans of the Fifth/ Kennard RSVP project
by adding emergency repair work and cleaning of the Flandrau /Hoyt pond inlet.
Adopted Yeas - 6 Nays - 0
32. Resolution - 02 -20 - Accepting $1,000.00 from the Friends of the Saint Paul Library and amending
the 2001 budget in the Office of Cable Communications to reflect this grant for a special documentary
on the Central Library renovation.
Adopted Yeas - 6 Nays - 0
33. Resolution - 02 -21 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property at 670 University Avenue West, 1873 Marshall Avenue, 1495 Rose
Avenue East, 1501 Rose Avenue East, 1511 Rose Avenue East, and 138 Maria Avenue.
Adopted Yeas - 6 Nays - 0
34. Preliminary Order - 02 -22 - In the matter of condemning and taking of property rights necessary to
complete construction of a pedestrian /bike trail in the area southwesterly of Lexington Parkway and
Jessamine Avenue and setting date of public hearing for January 23, 2002. (File 418952E -2 aka
AE2001 -07 -13)
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
35. Resolution - 01 -839 - Approving the reappointments of Richard Aguilar, Donald Del Fiacco, Robert
Schwartzbauer, and Richard Zehring, by Mayor Coleman, to the RiverCentre Authority. (Laid over from
August 22, 2001)
Adopted Yeas - 6 Nays - 0
36. Resolution - 01 -454 - Ordering the owner to remove or repair the building at 1236 Seventh Street
East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval) (Laid over from December 26)
Withdrawn Yeas - 6 Nays - 0
37. Resolution - 01 -1316 - Approving the Joint Powers Agreement with Metro Transit and Metropolitan
Council concerning the Riverview Corridor Project. (Laid over from December 26)
Laid over to January 9 Yeas - 6 Nays - 0
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38. Resolution - 01 -1323 - Approving the reappointments of Marjorie Ebensteiner, John Loban, John
Barry Margot, and Michelle Ketcham, by Mayor Coleman, to the Neighborhood Sales Tax
Reinvestment (STAR) Board. (Laid over from December 26)
Withdrawn Yeas - 6 Nays - 0
39. Resolution - 01 -1324 - Approving the reappointments of Richard Newmark and Kurt Schroeder, by
Mayor Coleman, to the Bicycle Advisory Board. (Laid over from December 26)
Adopted Yeas - 6 Nays - 0
40. Resolution - 01 -1325 - Approving the appointment of Thomas Moran and the reappointments of
William J. Cosgriff, Bill Daly and Steve Zaccard, by Mayor Coleman, to the Business Review Council.
(Laid over from December 26)
Withdrawn Yeas - 6 Nays - 0
41. Resolution - 01 -1326 - Approving the appointments of Sean Brown and Mark Evangelist and the
reappointments of Gerald Beedle, Diane O'Donnell and Clayton Larson, by Mayor Coleman, to the
Truth In Sale of Housing Board of Evaluators. (Laid over from December 26)
Withdrawn Yeas - 6 Nays - 0
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PA UL LEGAL LEDGER.
42. Final Adoption - 01 -1290 - An ordinance memorializing City Council action granting the application
of John and Helen Regenold (representative - David Engfer) to rezone property from B -3 (single family
residential to RM -2 (multi - family residential) to allow construction of a 26 -unit senior cooperative at the
southeast corner of Idaho and Arundel Streets. (Public hearing held November 7)
Adopted Yeas - 6 Nays - 0
43. Final Adoption - 01 -1291 - An ordinance memorializing City Council action granting the application
of Mike Leitner to rezone property from RM -2 (Multiple Family) to B -3 (General Business) to allow
expansion of Leitner's Garden Center parking lot at 959 Randolph Avenue (between Milton and
Chatsworth Streets). (Public hearing held November 14)
Adopted Yeas - 6 Nays - 0
44. Second Reading - 01 -1337 - An ordinance amending Chapter 200 of the Saint Paul Legislative Code
setting conditions for maintaining a dog designated as "potentially dangerous," requiring licensees to be
at least 18 years of age, and establishing appeals procedures for the designations of dogs as "potentially
dangerous" and "dangerous" and authorizing dogs to be seized and held pending hearings.
Laid over to January 23 for third reading /public hearing
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
45. Resolution - 02 -23 - Approving the petition of the Housing and Redevelopment Authority, on behalf
of the St. Paul Family Project, Limited Partnership, to vacate that part of Wanda Street lying south of a
line from the northeast corner of Lot 1, Block 18, to the northwest corner of Lot 24, Block 19, all in
Gurney Highland Park and north of the right -of -way of the St. Paul Water Works.
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Adopted Yeas - 6 Nays - 0
46. Resolution - 02 -24 - Ordering the owner to remove or repair the building at 2114 Margaret Street
within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends approval)
Adopted Yeas - 6 Nays - 0\
47. Resolution - 02 -25 - Ordering the owner to remove or repair the building at 1148 Minnehaha
Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Adopted Yeas - 6 Nays - 0
48. Appeal of Terrence Tessmer to a Summary Abatement Order for property at 407 Bay Street.
(Legislative Hearing Officer recommends denying the appeal) (Laid over from December 19)
Laid over to January 23 Yeas - 6 Nays - 0
49. Resolution - 02 -26 - Giving preliminary approval to a multi - family rental housing development
project and authorizing the Housing and Redevelopment Authority to issue housing revenue bonds, and
authorizing the preparation of necessary documents and materials in connection with the Osceola
Crossing Project (300 Osceola Street).
Adopted Yeas - 6 Nays - 0
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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