Minutes 6-12-2002Page 1 of 6
ACTION MINUTES
OF THE SAINT PAUL CITY COUNCIL
Wednesday, June 12, 2002 — 3:30 - 5:00 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
• Suspension Items
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items I - 23)
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 Patrick Caufield, David Cox (attorney for Mark McKissic), Timothy Curry, Nick Erickson,
Patrick Fearing (individual and on behalf of minor children, Kayla, Tiffany and Melody Fearing), and
Lia Greenwood.
Referred to the Risk Management Division
2. Communication from Mayor Kelly dated June 3, 2002, announcing his veto only on Page 2, Line
Numbers 16 through 18 and attachment Exhibit D ($2,731,413) of Council File 02 -426 (Substitute
resolution) adopted on May 22, 2002, Endorsing Saint Paul Housing Production Plan 2002 -2005,
establishing the Mixed - Income Housing Fund, and authorizing the use of STAR funds for housing.
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3. Letter from the Citizen Service Office /Property Code Enforcement declaring 291 Burgess Street as
nuisance property, and setting date of Legislative Hearing for July 2, 2002, and City Council Hearing for
July 10, 2002.
4. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on June 26, 2002, to consider the application of Jim Runyon,
representing Cretin - Derham Hall (CDH) High School, 550 Albert Street South, for a sound level
variance to allow outside live Irish band music inside the school's courtyard from 7:00 p.m. to 11:00
p.m. on July 20, 2002, during the school's 3rd Annual CDH Block Party.
5. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on June 26, 2002, to consider the appeal of the St. Anthony Park Community
Council to a decision of the Planning Commission approving a sign variance, with a condition, allowing
199 square feet of business signage (100 square feet permitted) at 2441 University Avenue West
(between Raymond Avenue and Pelham Boulevard).
6. Administrative Orders:
D002163 Authorizing payment of expenses in the Office of License, Inspections and Environmental
Protection (LISP), not to exceed $500.00, for the Historic Preservation Commission Retreat held on
April 18, 2002, at the Como Street Car Barn.
D002164 Authorizing payment of expenses in the Office of License, Inspections and Environmental
Protection (LISP), not to exceed $500.00, for a one day organizational retreat held by Environmental
Health on January 24, 2002, at the Embassy Suites Hotel.
D002165 Authorizing payment of expenses in the Office of License, Inspections and Environmental
Protection (LISP), not to exceed $500.00, for an annual award ceremony of the Historic Preservation
Commission held on May 14, 2002, at the Wigington Pavilion on Harriet Island.
D002166 Authorizing funds, not to exceed $1,800.00, for one Internet Crimes Against Children (ICAO)
Task Force participant, who is not a city employee, to attend the Basic Data Recovery and Analysis
Course on July 22 -26, 2002, in Fairmont, WV.
D002167 Authorizing funds, not to exceed $6,000.00, for four non -city employees to attend the National
Internet Crimes Against Children Training Session on August 5 -8, 2002, in Dallas, TX.
Noted as on file in the City Clerk's Office
FOR ACTION
7. Approval of minutes of April 17 and 24, 2002.
Adopted Yeas - 7 Nays - 0
8. Resolution - 02 -515 - Approving the appointment, by Mayor Kelly, of Andy Dawkins as Director of
the Office of Neighborhood Housing and Property Improvement, Assistant to the Mayor V, effective
June 3, 2002.
Laid over to June 26 Yeas - 7 Nays - 0
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9. Resolution - 02 -516 - Approving payment of $14,876.15 to Brian Montgomery and his attorney,
Krueger Law Firm, in full settlement of their claim against the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
10. Resolution - 02 -517 - Concerning adverse action against the Cigarette /Tobacco license held by
Kmart Corporation, dba Kmart 44803, 1450 University Avenue.
Adopted Yeas - 7 Nays - 0
11. Resolution - 02 -518 - Denying the application for a Rooming /Boarding House License by Kevin J.
Mellingen, dba Stryker House, 660 Stryker Avenue.
Adopted Yeas - 7 Nays - 0
12. Resolution - 02 -519 - Establishing a Task Force to examine and implement a new and positive
Library structure and funding plan as new State legislation has allowed, and requesting a full report of
findings to the City Council by August 2002.
Adopted Yeas - 7 Nays - 0
13. Resolution - 02 -520 - Supporting the goals of the Fatherhood Movement and applauding all fathers
involved with their children.
Adopted Yeas - 7 Nays - 0
14. Resolution - 02 -521 - Amending Council File 02 -450 adopted by the City Council on May 22, 2002,
to read that the rehabilitation or demolition and removal of the structure at 875 Woodbridge Street must
be completed within one hundred eighty (180) days from the date of the passage of this resolution.
Adopted Yeas - 7 Nays - 0
15. Resolution - 02 -522 - Accepting a grant in the amount of $430,000.00 from the Metropolitan
Council for the Parks and Recreation Central Service Facility addition and remodeling project.
Adopted Yeas - 7 Nays - 0
16. Resolution - 02 -523 - Authorizing payment of $5,000.00 to Alliance of Local Organizations Against
Preemption (ALOAP) to support efforts to represent local governments before the Court of Appeals and
the Federal Communications Commission (FCC) regarding the FCC's Declaratory Judgment on cable
modem services.
Adopted Yeas - 7 Nays - 0
17. Resolution - 02 -524 - Making no recommendation that the Board of Ramsey County Commissioners
request the repurchase application for the property at 2248 Reaney Avenue.
Adopted Yeas - 7 Nays - 0
18. Resolution - 02 -525 - Authorizing and directing the proper City officials to enter into a conservation
easement with the Minnesota Department of Natural Resources (DNR) for part of the Lower Phalen
Creek site.
Adopted Yeas - 7 Nays - 0
19. Resolution - 02 -526 - Authorizing Ramsey County's participation in the Gateway West Project by
applying to the State Department of Finance for tax exempt multi - family housing revenue bonds.
Adopted Yeas - 7 Nays - 0
20. Resolution - 02 -527 - Increasing the funding of the Phalen Village Superblock Project (Rose Hill).
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Adopted Yeas - 7 Nays - 0
21. Resolution - 02 -528 - Memorializing City Council action taken May 22, 2002, granting the
application of John Kratz for combined plat approval for subdivision of property at 843 and 847
Lexington Avenue to create 12 residential lots and 2 outlots.
Adopted Yeas - 7 Nays - 0
22. Preliminary Order - 02 -529 - In the matter of the Seventh Place Mall operation and maintenance cost
for 2002 and setting date of public hearing for July 24, 2002.
Adopted Yeas - 7 Nays - 0
23. Resolution Approving Assessment - 02 -530 - In the matter of the assessment of benefits, cost and
expenses for the Seventh Place Mall operation and maintenance costs for 2001 and setting date of public
hearing for July 24, 2002.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
24. Resolution - 02 -411 - Authorizing the proper City officials to enter into negotiations with Ramsey
County to lease the Benz Building at the new Ramsey County Law Enforcement site for City police
operations. (Laid over from May 15)
Substitute introduced and adopted
Yeas - 4 Nays - 3 (Blakey, Coleman, Lantry)
25. Resolution - 02 -499 - Approving the FY2002 Neighborhood Sales Tax Revitalization (STAR) Small
Grant Awards. (Attachment A amended)
(Laid over from June 5)
Adopted (Attachment A amended by including additional projects)
Yeas - 5 Nays - 2 (Lantry, Reiter)
26. Resolution - 02 -513 - Authorizing the City Clerk to apply to the Minnesota Board of Government
Innovation and Cooperation for a waiver from the requirements of Minnesota Statutes, Section 331A.02,
regarding the publishing of proceedings and notices in an official newspaper. (Laid over from June 5)
Adopted as amended Yeas - 7 Nays - 0
27. Follow -up report by Manuel Cervantes, Saint Paul City Attorney, regarding Oakland Anti - Predatory
Lending Ordinance and jurisdiction of future laws.
(Report requested by the City Council on May 15)
A follow -up report was presented by Manuel Cervantes and John Kelly, City Attorney's Office.
The City Council requested the City Attorney's Office to work with Council Research on
developing a policy and education campaign on this issue and report back to the City Council on
July 24.
28. Report from Gerry Strathman, Council Research Director, as to what authority the Mayor has to
eliminate positions and reorganize departments without review by the City Council. (Requested by the
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City Council on June 5)
A report was presented by Gerry Strathman, Director of Council Research.
The City Council requested the City Attorney's Office to prepare a formal written opinion
regarding the authority of the Mayor to unilaterally effect the changes described in his letter to
the City Council dated May 17, 2002, and report back to the City Council at their meeting on June
26.
29. Report from Peter Hames, Director of Financial Services, on:
1) An update on the fund balance reflecting the proposed cuts (based on the annual financial report and
the 2002 adopted budget in order to see the process).
2) A report on the racial makeup of the employees who will be losing their jobs on July 1, 2002.
(Requested by the City Council on June 5)
A report was presented by Peter Hames, Director of Financial Services.
The City Council requested Peter Hames to provide them with a written report on the history
from the past five years regarding the amount of fund balance budgeted and the actual fund
balance spent for each year.
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY COUNCIL. IT IS READ AT FO UR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
COUNCIL AND 30 DAYS AFTER P UBLICATION IN THE SAINT PA UL LEGAL LEDGER
30. Final Adoption - 02 -424 - An ordinance memorializing City Council action approving 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 at 390 Lexington Parkway North. (Public
hearing held April 24, 2002)
Adopted Yeas - 7 Nays - 0
31. Final Adoption - 02 -344 - An ordinance amending the interim ordinance adopted November 20,
2000 in Council File 01 -648 which imposed a moratorium on the use of property in the area presently
under study for the Arcade Street Area Study pending completion of the study and any possible
amendments to the City's Comprehensive Plan or Zoning Ordinance deemed necessary to give effect to
the study. (Laid over from May 22)
Adopted Yeas - 7 Nays - 0
32. Final Adoption - 02 -427 - An ordinance establishing an Examining Committee for the position of
Director of Human Resources pursuant to the provisions of Section 12.12.1 of the City Charter.
Adopted Yeas - 7 Nays - 0
33. Second Reading - 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
for more than thirty (30) days.
Laid over to June 26 for third reading /public hearing
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34. Second Reading - 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.
Laid over to June 26 for third reading /public hearing
35. Second Reading - 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.
Laid over to June 26 for third reading /public hearing
Suspension Items
Resolution - 02 -531 - Requesting clarification and establishing criteria for the one -year test opening
south connection of Ayd Mill Road to Interstate 35E.
Adopted as amended Yeas - 6 Nays -1 (Reiter)
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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