Minutes 7-24-2002Page 1 of 10
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, July 24, 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
• Suspension Items
Present - 4 - Blakey, Bostrom, Lantry, Reiter
Absent - 3 - Benanav, Coleman (both arrived after the Consent Agenda), Harris (arrived after roll call)
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
The following communications were read into the record by Nancy Anderson, Assistant Secretary to the
City Council:
Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on August 7, 2002, to consider the application of Mick Sterling
representing Rolling River Music and Film Festival, to allow live band music and sound for film
projection at Harriet Island from 5:00 p.m. to 10:00 p.m. on September 19th, from 3:00 p.m. to 10:30
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p.m. on September 20th, from 1:00 p.m. to 10:30 p.m. on September 21st and from 1:00 p.m. to 10:00
p.m. on September 22, 2002; and at Raspberry Island from 6:00 p.m. to 10:00 p.m. on September 18th,
from 5:00 p.m. to 10:00 p.m. on September 19th, from 3:00 p.m. to 10:30 p.m. on September 20th, from
1:00 p.m. to 10:30 p.m. on September 21st and from 1:00 p.m. to 10:00 p.m. on September 22, 2002.
Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on August 7, 2002, to consider the application of Mick Sterling
representing Rolling River Music and Film Festival to allow live band music and sound for film
projection on stage at Mears Park from 5:00 p.m. to 10:00 p.m. on September 18th and from 12:00 p.m.
to 6:00 p.m. on October 21, 2002.
1. Claims of Borgstrom Pharmacy, CNA Insurance Company (for Juut Holdings, Inc.), David Hall,
James Kasten, Rick Mariano, Mary Rucci, and Jeffery Tharp /Lori Morrison.
Referred to the Risk Management Division
2. Letter from the Office of the City Attorney announcing the continuance of a hearing before an
Administrative Law Judge from July 9, 2002, to August 1, 2002 at 9:30 a.m., Room 40 -13, Saint Paul
City Hall, to consider all licenses held by Dinner Club 2000, Inc., dba Dinner Club 2000.
3. Letter from the Office of the City Attorney recommending revocation of the provisional taxicab
driver's license of Randall Vidmar based upon his failure to enroll in and successfully complete a
taxicab driver training course.
4. Administrative Orders:
D002175 Extending the contract completion date for the Maryland- Arcade Channelization Project from
July 20, 2001 to September 15, 2001.
D002176 Extending the contract completion date for the Ogden- Winthrop Sanitary Sewer Project from
May 17, 2002 to June 15, 2002.
Noted as on file in the City Clerk's Office
FOR ACTION
5. Approval of minutes of June 19, June 26, and July 3, 2002.
Adopted Yeas - 5 Nays - 0
6. Resolution - 02 -654 - Approving the Memorandum of Agreement between the City of Saint Paul and
the International Brotherhood of Electrical Workers, Local 110 for the 2002 Wage and Fringe
Adjustment. (To be laid over one week for adoption)
Laid over to August 7
7. Resolution - 02 -640 - Denying the application of Juan Fuentes, Jr., dba Auto Repair Santiago, for an
Auto Repair Garage License at 629 Jenks Avenue. (Laid over from July 17)
Adopted Yeas - 5 Nays - 0
8. Resolution - 02 -641 - Memorializing City Council action denying the Auto Repair Garage License
application by Juan J. Villanueva, dba Villa's Auto Mechanic, 801 7th Street East. (Public hearing held
on May 1) (Laid over from July 17)
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Adopted Yeas - 5 Nays - 0
9. Resolution - 02 -655 - Approving the application for an Auto Repair Garage License by Maysee Lee,
dba MCTire Service, 1202 Dale Street North. (Legislative Hearing Officer recommends approval,
with conditions)
Adopted Yeas - 5 Nays - 0
10. Resolution - 02 -656 - Concerning adverse action against the Cigarette /Tobacco license held by Gene
R. Josephs, dba Joseph's Market, 736 Oakdale Avenue.
Adopted Yeas - 5 Nays - 0
11. Resolution - 02 -657 - Suspending the Sidewalk Contractor License held by Lawrence Pribyl, dba
Muller Pribyl Utilities, Inc.
Adopted Yeas - 5 Nays - 0
12. Resolution - 02 -658 - Suspending the Massage Practitioner's License held by Kimberly J. Bennis,
165 Western Avenue North.
Adopted Yeas - 5 Nays - 0
13. Resolution - 02 -659 - Denying the off -sale liquor license application by Anita Keo, dba Seven Bears
Liquor, 848 White Bear Avenue.
Adopted Yeas - 5 Nays - 0
14. Resolution - 02 -660 - Memorializing City Council action denying the appeal of Grand Investors
2001 to a decision of the Planning Commission denying the site plan for a new commercial building and
parking lot at 1060 Grand Avenue. (Public hearing held on June 5, 2002)
Adopted Yeas - 5 Nays - 0
15. Resolution - 02 -661 - Authorizing the Division of Parks and Recreation to commence participation
in the Commission for the Accreditation of Parks and Recreation Agencies (CAPRA) program.
Adopted Yeas - 5 Nays - 0
16. Resolution - 02 -662 - Authorizing payment of $10,000.00 to the property owner of Lot 7, Block 11,
Stinson's Addition to the City of St. Paul (Clark Street near Bush Avenue) to acquire fee title to the
property which is necessary for the Phalen Boulevard project.
Adopted Yeas - 5 Nays - 0
17. Resolution - 02 -663 - Approving the release of utility easements and other conditions on previously
vacated property near Phalen Boulevard and Johnson Parkway for the construction of a 59 -unit senior
housing cooperative by Realife, Inc.
Adopted Yeas - 5 Nays - 0
18. Resolution - 02 -664 - Amending the description of a vacated portion of Pleasant Avenue in Council
File No. 97 -1453 as requested by the petitioner, James Sorenson, and the Department of Public Works.
Adopted Yeas - 5 Nays - 0
19. Preliminary Order - 02 -665 - In the matter of the operating costs for above standard street lighting
projects for 2003 in Wards 1, 2, 3, 4 and 7, and setting date of public hearing for September 4, 2002.
Adopted Yeas - 5 Nays - 0
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20. Resolution Approving Assessment - 02 -666 - In the matter of the assessment of benefits, cost and
expenses for installation of bituminous roadway, 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 for the Hoyt /Merrill RSVP Paving and Lighting Project, and setting date of public
hearing for September 25, 2002. (File No. 18956)
Adopted Yeas - 5 Nays - 0
21. Resolution Approving Assessment - 02 -667 - In the matter of operating costs for above standard
lighting projects for 2002, and setting date of public hearing for September 4, 2002.
Adopted Yeas - 5 Nays - 0
22. Resolution Approving Assessment - 02 -668 - In the matter of the assessment of benefits, costs and
expenses for the Case /Hazelwood Area Paving and Lighting project, and setting date of public hearing
for September 4, 2002. (File No. 18929)
Adopted Yeas - 5 Nays - 0
23. Resolution Approving Assessment - 02 -669 - 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, and setting date of public hearing for October 2, 2002. (File No. 18958)
Adopted Yeas -5 Nays - 0
FOR DISCUSSION
24. 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: (Laid over from July 3)
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.
An update was presented by Al Shetka, Department of Public Works, and Commander Bill
Martinez, Police Department. An additional update will be presented on August 21.
25. Report from the City Attorney's Office and Council Research on the policy and education campaign
they developed on Anti - Predatory Lending. (Requested by Council on June 12)
Laid over to August 21 Yeas - 7 Nays - 0
26. Report from Gerry Strathman, Council Research Director, and Holly Hansen, Cable Officer,
regarding the request to transfer control of the cable franchise from AT &T Broadband to AT &T
Comcast Corporation. (Public hearings held on May 1 and June 26 and laid over from July 17)
(Resolution will be presented for action)
A report was presented by Gerry Strathman and Holly Hansen. (Resolution was introduced and
adopted - see suspension items)
27. Update from the Administration on the status of the e- governance project and the Stellant
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Technologies proposal. (Update requested by the City Council on July 10 and laid over from July 17.)
An update was presented by Peter Hames, Director, Department of Technology and Management
Services.
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
28. Final Adoption - 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)
Adopted Yeas - 7 Nays - 0
29. Second Reading - 02 -653 - An ordinance amending Saint Paul Legislative Code Chapter 293
pertaining to noise regulations.
Amended and laid over to August 7 for third reading /public hearing
Councilmember Lantry requested the City Attorney's Office to prepare a written report and
distribute to Councilmembers prior to their next Council meeting and also make a presentation at
the public hearing on August 7 clarifying why the changes to this ordinance are necessary and
what the net result will be.
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
( Councilmember Reiter was excused from the meeting)
30. Third Reading - 02 -612 - An ordinance amending Chapter 355 of the Saint Paul Legislative Code
requiring second hand dealers to report certain transactions.
Substitute introduced, amended and laid over to August 7 for final adoption
Yeas - 6 Nays - 0
31. 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 April 3) (Legislative Hearing
Officer recommends laying over to the October 8, 2002, Legislative Hearing and the October 23,
2002, City Council Meeting)
Laid over to October 23 Yeas - 5 Nays - 0 (Harris not present for vote)
32. Report of the Administrative Law Judge concerning the application of Otis Taylor for a Saint Paul
Taxicab Driver's License.
Adopted the Findings of Fact, Conclusions and Recommendation of the Administrative Law
Judge (License denied) Yeas - 6 Nays - 0
33. Resolution - 02 -670 - Approving the application of Maureen and Steve Mariano, owners of Schwietz
Saloon, 956 Payne Avenue, for a sound level variance to allow live band music on stage in an outdoor
tent in the parking lot from 8:30 p.m. until 12:30 a.m. on September 13, 14 and 15, 2002, for the Harvest
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Festival.
Adopted Yeas - 6 Nays - 0
34. Resolution - 02 -671 - Approving the petition of Saint Paul Family Project Limited Partnership to
vacate the alley turnaround in Block 19, Gurney Park, as the site will be developed into affordable
multi - family housing and green area.
Adopted Yeas - 6 Nays - 0
35. Public hearing to consider granting the petition of the City of Saint Paul to vacate part of the east
half of Block 5, Stinson, Brown and Ramsey's Addition and parts of adjoining Toronto and Daly
Streets. (Resolution will
be introduced under suspension)
Public testimony was taken. (Resolution was introduced, amended and adopted - see suspension
items)
36. Final Order - 02 -672 - In the matter of new sidewalk construction at 1587 and 1595 Reaney Avenue.
(File No. S02087A) (Laid over from May 22) (Legislative Hearing Officer recommends construction
of the sidewalks at both addresses).
Adopted Yeas - 6 Nays - 0
37. Final Order - 02 -673 - In the matter of the Seventh Place Mall operation and maintenance cost for
2002. (File No. 18428 -2002)
Adopted Yeas - 6 Nays - 0
38. Final Order - 02 -674 - In the matter of improvements for the alley in Michel and Robertson's
Addition, Block 10, by constructing storm sewer and grading and paving with a bituminous material
(bounded by James Avenue, Palace Avenue, Milton Street, and Victoria Street). (File 418971)
Adopted Yeas - 6 Nays - 0
39. Final Order - 02 -675 - 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). (File No. 18972)
Adopted Yeas - 6 Nays - 0
39a Final Order - 02 -684 - In the matter of the construction of sidewalk repairs and /or the repair of
sanitary sewer, storm sewer and /or water service connections, if requested by the property owner, in
conjunction with the Kennard /LaCrosse Area Street Paving and Lighting Project. (File No. 18929KC)
Adopted Yeas - 6 Nays - 0
40. Final Order in Condemnation Proceedings - 02 -676 - 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).
(File 418971S)
Adopted Yeas - 6 Nays - 0
41. Final Order in Condemnation Proceedings - 02 -677 - 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). (File No. 18972S)
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Adopted Yeas - 6 Nays - 0
42. Final Order - 02 -678 - In the matter of sidewalk reconstruction and /or new construction at 2369
Carter Avenue, 2235, 2243 and 2275 Hillside Avenue, 25 and 85 Langford Park, 2295 Gordon Avenue,
1533 and 1770 East Sixth Street, 1762 East Fourth Street, 1286 Charles Avenue, and 1153 Edmund
Avenue. (File No. S02002)
Adopted Yeas - 6 Nays - 0
43. Final Order - 02 -679 - In the matter of sidewalk reconstruction and /or elimination of driveway
aprons in Wards 2, 4, 5, 6 and 7. (File Nos. S02047, S02086, S02093- S02099)
Adopted Yeas - 6 Nays - 0
44. Resolution Ratifying Assessment - 02 -680 - In the matter of the assessment of benefits, cost and
expenses for weekly garbage hauling service for the first quarter of 2002 (J02TRASIQA) and summary
abatement (property clean -up) (J0202AAA) at 1286 Rice Street. (Laid over from June 26) (Legislative
Hearing Officer recommends the following: J02TRASIQA - spreading the payment of the assessment
over an eight -year period and J0202AA - spreading the payment of the assessment over a ten -year
period.)
Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 6 Nays -
0
45. Appeal of Michael Bartelmy regarding a vehicle abatement order at 1323 Bush Avenue. (Legislative
Hearing Officer recommends that the vehicles be brought into compliance by August 1, 2002.)
Appeal denied (Legislative Hearing Officer's recommendation is approved)
Yeas - 6 Nays - 0
46. Resolution Ratifying Assessment - 02 -681 - In the matter of the assessment of benefits, cost, and
expenses for the improvement of Kellogg Boulevard from 7th Street to Wabasha Street with concrete
curb, a new concrete block surfaced roadway, concrete block sidewalks, concrete driveway aprons, tree
planing, an irrigation system, water and sewer service connections and reconnections and reconstruction
of globe lighting system. (File No. 18906)
(The Council requested Gerry Strathman, Council Research Director, to check into the matter of where
customers going to the West Building can park since parking in front of the building has been
eliminated.)
Adopted Yeas - 6 Nays - 0
47. Resolution Ratifying Assessment - 02 -682 - In the matter of demolition of vacant buildings for part
of March 2002 through part of April 2002 (J0202C); towing abandoned vehicles from private property
for January 2002 (J0202V); summary abatements (property clean -up) during part of April 2002 through
part of May 2002 (J0203A); boarding up vacant buildings for March 2002; summary abatement
(snow /ice removal and /or sanding of walks) for part of April 2002 (J02SNOW2). (Legislative Hearing
Officer recommends the following:
1793 Maryland Avenue East (J0202V) - delete the assessment
831 Edmund Avenue (J0202V) - reduce the assessment from $692.05 to $455 plus the $45
administrative fees for a total assessment of $500
701 Jessamine Avenue East (J0203A) - approval of the assessment
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1286 Rice Street (J0203B - spreading the payment of the assessment over a nine -year period
912 Rose Avenue East (J0202V) - laying over to the July 23, 2002, Legislative Hearing and the August
7, 2002, City Council Meeting
1459 Sherburne Avenue (J0203A) - approval of the assessment
445 Van Buren Avenue (J0202V) - approval of the assessment
505 Whitall Street (J0203A) - approval of the assessment
937 Magnolia Avenue East (J0203B) - approval of the assessment
725 Fourth Street East (J0203A) - approval of the assessment
515 Lafond Avenue (J0203A) - laying over to the July 23, 2002, Legislative Hearing and the August 7,
2002, City Council Meeting
1073 Sims Avenue (J0203A) - laying over to the July 23, 2002, Legislative Hearing and the August 7,
2002, City Council Meeting)
The City Council referred the following address to a Legislative Hearing on August 13 and the
August 28, 2002, City Council Meeting:
445 Van Buren Street
Adopted as amended (per the recommendation of the Legislative Hearing Officer and City
Council) Yeas - 6 Nays - 0
48. Resolution Ratifying Assessment - 02 -683 - In the matter of the assessment of benefits, cost and
expenses for the Seventh Place Mall operation and maintenance costs for 2001. (File No. 18428 -2001)
Adopted Yeas - 6 Nays - 0
49. Public hearing to consider the appeal of Andrew Koebrick to a decision of the Board of Zoning
Appeals granting three variances in order to construct an 88 -unit senior apartment building at 260
Osceola Avenue South. (Osceola Park Project)
Motion of Intent - Appeal denied Yeas - 6 Nays - 0
50. Public hearing to consider 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).
Motion of Intent - Appeal denied
Yeas - 6 Nays - 0
The City Council also requested a report from staff at their meeting on August 21 regarding the
property feasibility and use of the building at 873 Portland Avenue. (Grace Community Church)
51. Public hearing to consider the appeal of the Ramsey Hill Association and Others to a decision of the
Board of Zoning Appeals granting four variances in order to construct a carriage house structure at 449
Portland Avenue.
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Motion of Intent - Appeal denied (variances granted)
Yeas - 5 Nays - 1 (Benanav)
SusDension Items
Resolution - 02 -685 - Establishing a 2002 financing and spending plan for Saint Paul Police Department
services provided to Amherst H. Wilder Foundation for the Summit University Weed and Seed site.
Adopted Yeas - 7 Nays - 0
Resolution - 02 -686 - Establishing a 2002 financing and spending plan for Saint Paul Police Department
services provided to Amherst H. Wilder Foundation for the Thomas /Dale- Frogtown Weed and Seed site.
Adopted Yeas - 7 Nays - 0
Resolution - 02 -687 - Approving the July 23, 2002, decision of the Legislative Hearing Officer on
Property Code Enforcement Appeal for 963 Seventh Street West.
Adopted Yeas - 7 Nays - 0
Resolution - 02 -688 - Suspending the license held by Dinner Club 2000, Inc., dba Dinner Club 2000,
1177 Clarence Street, for a period of one day and also adopting the Findings of Fact, Conclusions and
Recommendation of the Administrative Law Judge.
Adopted Yeas - 7 Nays - 0
Resolution - 02 -689 - Approving the appointment of Robert Davis and the reappointments of Lorrie
Louder, Thomas Macy, Donovan Schwichtenberg, James Smith, Charlotte Strong -Bovee and Ellen
Watters, by Mayor Kelly, to the Workforce Investment Board.
Adopted Yeas - 7 Nays - 0
Councilmember Blakey requested an update from Ramsey County regarding the County /City
consolidation status of the Workforce Development function at the City Council Meeting on
August 21.
Councilmember Lantry also requested the Administration to provide written information as to
the number of vacancies still available for appointments to the Workforce Investment Board.
Resolution - 02 -690 - Approving the change of control of the Saint Paul Cable Franchise from AT &T
Broadband to AT &T /Comcast.
Adopted Yeas - 6 Nays - 0
Resolution - 02 -691 - Approving the petition of the City of Saint Paul to vacate part of the east half of
Block 5, Stinson, Brown and Ramsey's Addition and parts of adjoining Toronto and Daly Streets.
Adopted as amended Yeas - 6 Nays - 0
REMINDER: No City Council Meeting will be held on July 31, 2002, as it is the fifth Wednesday
of the month.
Council Meeting Information
Website
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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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