Approved Minutes 10-15-2003Page 1 of 8
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, October 15, 2003 - 3:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Suspension Items
The meeting was called to order at 3:33 p.m. by Council President Bostrom.
Present - 5 - Benanav, Blakey, Bostrom, Coleman, Harris
Absent - 1 - Lantry (arrived after the consent agenda)
CONSENT AGENDA (Items I - 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.
Councilmember Coleman requested Item 2 be removed for discussion.
Councilmember Coleman moved approval of the consent agenda as amended.
Adopted as amended Yeas - 5 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Bernice Bissonette, Eric Dott, Marie Land, Derek McCarty, Leo Reck, Raymundo Torres,
and Kong Meng Yang.
Referred to the Risk Management Division
2. Communication from Mayor Kelly dated October 3, 2003, notifying the City Council that he has
withdrawn Council File 03 -763, approving appointments and reappointments to the Heritage
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Preservation Commission, which was adopted as amended by the Council on September 24, 2003.
(Discussed after the consent agenda)
3. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on October 22, 2003, to consider the application of Craig and Tracy Mulholland
to rezone property at 615 St. Anthony Avenue from B -2 (community business) to B -3 (general business)
to conduct outdoor sales of produce, sporting equipment, designer clothes, fireworks and food
concessions.
4. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on October 22, 2003, to consider the application of Dan Banken, Project
Manager representing Lametti & Sons, Inc. for a sound level variance from November 1, 2003 to
January 10, 2004 to allow work on the re- lining of City sewers at numerous locations around the City of
Saint Paul.
5. Administrative Orders:
D002333 Amending the budget for STAR funds awarded through the Neighborhood Investment
Initiative Program.
D002334 Splitting a portion of the Lower Phalen Remediation project budget in Parks and Recreation
into two separate budgets for grant reporting purposes.
D002335 Approving the use of $17,000.00 of Capital Maintenance Contingency funds for a new boiler
at the Animal Control building.
D002336 Authorizing the Police Department Critical Incident Response Team (CRT) to utilize the
United States Army's advanced training facility at Camp Ripley, Fort Ripley, Minnesota on October 5-
8, 2003.
D002337 Granting Jason Schmidt, Labor Relations Manager, the authority to sign tentative Collective
Bargaining Agreements and Memorandums of Understanding for the City of Saint Paul.
Noted as on file in the City Clerk's Office
FOR ACTION
6. Resolution - 03 -902 - Approving the Memorandum of Understanding between the City of Saint Paul
and Tri- Council Local 120, Local 49, and Local 132 to modify Appendix A, Section H of the 2003 -2004
Collective Bargaining Agreement. (Laid over from October 8 for adoption)
Adopted Yeas - 5 Nays - 0
7. Resolution - 03 -920 - Approving the application with a condition, per the Legislative Hearing Officer,
of James Povolny, President, 4DJ C -Store Inc., dba Holiday Stationstore, 281 Snelling Avenue North,
for a Gas Station License.
Adopted Yeas - 5 Nays - 0
8. Resolution - 03 -921 - Creating a partnership between the City of Saint Paul and Tree Trust for tree
planting efforts in Saint Paul.
Adopted Yeas - 5 Nays - 0
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9. Resolution - 03 -922 - Establishing new target neighborhood boundaries to be used by Ramsey County
in the application of the State's accelerated tax forfeiture laws.
Adopted Yeas - 5 Nays - 0
10. Resolution - 03 -923 - Approving a Preliminary and Final Plat for Gateway Village, District 15.
Adopted Yeas - 5 Nays - 0
11. Resolution - 03 -924 - Setting public hearing date of November 5, 2003, for 2004 water rates.
Adopted Yeas - 5 Nays - 0
12. Resolution - 03 -925 - Approving Restatement of the Pension Plan of the Housing and
Redevelopment Authority of the City of Saint Paul dated January 1, 2002; approving Amendment No. 2
to the Restated Pension Plan; and ratification of Duane Stolpe to a three -year term as the City employee
representative on the Administrative Committee.
Adopted Yeas - 5 Nays - 0
13. Resolution - 03 -926 - Approving the City's participation with Ramsey County and other units of
local government in a joint study of a potential management and technology entity to meet the needs of
participating units of government.
Adopted Yeas - 5 Nays - 0
14. Resolution - 03 -927 - Accepting and filing with Ramsey County the dedication of a sewer easement
which will facilitate the property at 330 Sherwood Avenue into the sewer in Arlington Avenue.
Adopted Yeas - 5 Nays - 0
15. Resolution - 03 -928 - Approving an extension of Lease Agreement PRATE through December 31,
2004, to provide 2,084 square feet of space in the North End Multi- Service Center to Ramsey County
Community Corrections for the purpose of investigation, supervision, assessment, treatment, restitution,
and specialized programs for juvenile offenders. Adopted Yeas - 5 Nays - 0
16. Resolution - 03 -929 - Amending Council File 02 -233, previously amended by Council File 03 -811,
to again change the legal description of that part of Munster Avenue to be vacated.
Adopted Yeas - 5 Nays - 0
17. Resolution - 03 -930.- Establishing a financing and spending plan in the Police Department
authorizing the disbursement of funds for reimbursement to Parking Enforcement Officers for
educational expenses.
Adopted Yeas - 5 Nays - 0
18. Resolution - 03 -931 - Authorizing the Police Department to enter into an agreement with Camp
Ripley for use of the United States Army's advanced training facility at Camp Ripley, Fort Ripley, MN
on October 5 -8, 2003.
Adopted Yeas - 5 Nays - 0
19. Resolution - 03 -932 - Authorizing the use of Unrestricted Net Assets by the Division of Parks and
Recreation for the purchase of a Load and Pack type one - person refuse collection compacting vehicle.
Adopted Yeas - 5 Nays - 0
20. Resolution - 03 -933 - Authorizing the recognition of donor gifts at the proposed Paul and Sheila
Wellstone Center which is a collaboration between the City of Saint Paul and Neighborhood House.
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Adopted Yeas - 5 Nays - 0
21. Resolution - 03 -934 - Memorializing the City's intent to be a zone administrator and support a
subzone application for the Bioscience Program created in the Minnesota Sessions Laws 2003, 1st
Special Session, Chapter 21, Article 2 allowing for the formation of a Bioscience Zone.
Adopted Yeas - 5 Nays - 0
2. Communication from Mayor Kelly dated October 3, 2003, notifying the City Council that he has
withdrawn Council File 03 -763, approving appointments and reappointments to the Heritage
Preservation Commission, which was adopted as amended by the Council on September 24, 2003.
Councilmember Lantry moved to lay over one week.
Laid over to October 22 Yeas - 6 Nays - 0
FOR DISCUSSION
22. Resolution - 03 -799 - Authorizing the City of Saint Paul, Division of Parks and Recreation, to accept
a monument from the Hamm's Club, Inc. to be placed in Como Park. (Laid over from September 17)
Council President Bostrom noted that a request was received from Parks and Recreation to lay this item
over for three week.
Councilmember Harris moved to lay over three weeks.
Laid over to November 5 Yeas - 6 Nays - 0
23. Consideration of the appeal of Phil Gerlach and Ted Peller to a decision of the Board of Zoning
Appeals approving a height variance in order to build an addition to the rear of the existing house at
2012 Iglehart Avenue. (Public hearing held and laid over from October 1)
Councilmember Benanav said he met with the neighbors and had discussions with Mr. Bakke, the
owner. Mr. Bakke believes he can put the addition on the house without the three foot variance and he
told Benanav the appeal could be granted.
Councilmember Benanav moved to grant the appeal on the findings that the Board of Zoning Appeals
erred on Findings No. 1, 2, and 4.
Motion of Intent - Appeal Granted Yeas - 6 Nays - 0
24. Resolution - 03 -908 - Supporting capital improvement projects in Saint Paul for submission and
consideration in the Governor's 2004 State of Minnesota Capital Improvement Bonding Program. (Laid
over from October 8)
Councilmember Benanav moved to include Meeker Island Lock Historic Site /Desnoyer Park River
Access in the amount of $388,000.
Councilmember Lantry moved approval as amended plus the deletion of Holman Field..
Adopted as amended Yeas - 6 Nays - 0
Councilmember Coleman moved to put Holman Field back in.
Approved Yeas - 4 Nays - 2 (Benanav, Lantry)
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25. Final Order - 03 -864 - In the matter of the operating costs for the Above Standard Street Lighting
Systems for 2004 for projects in Wards 1, 2, 3, 4, and 7. (Laid over from October 8)
Councilmember Harris moved approval
Adopted Yeas - 6 Nays - 0
26. Resolution Ratifying Assessment - 03 -915 - In the matter of the assessment of benefits, cost and
expenses for the operation of the Above Standard Street Lighting System for the Ford - Cleveland Area.
(File 418390) (Laid over from October 8)
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
27. Resolution - 03 -935 - Accepting the Preservation Development Assessment Report, prepared by the
National Trust for Historic Preservation, and asking for further review by the Department of Planning
and Economic Development and the Heritage Preservation Commission.
(This discussion was held at the end of the meeting)
Councilmember Lantry said one of the things they are talking about is a grant that the City had as a
letter of support item last year. It was done by Historic St. Paul and as a result of the grant that was
written, St. Paul was awarded $1.8 million from the Preservation Development Initiative. This is one of
the first steps in that process. She thanked Carol Carey and Historic St. Paul for being the lead on
bringing in $1.8 million dollars of investment into the City. She also thanked Mac Nichols, National
Trust for Historic Preservation, for his hard work.
Carol Carey, Executive Director of Historic St. Paul, appeared. Historic St. Paul began as a result of a
task force that was assembled in 1996 to look at how preservation did or did not relate to the City's
housing development initiative at the time and what would be an appropriate set of policies to move
forward on with future preservation work with respect to the housing policy and housing investments.
The task force determined that it is an important part of who we are as a city. The reinvestment in the
neighborhoods' housing stock is critical for livability, marketability and tax base. However, the City's
existing programs were not equipped to deal with some of the preservation elements both in terms of
technical issues and costs. One of the recommendations was that an outside non- profit organization be
established to help secure resources to promote and support preservation activity in St. Paul's
neighborhoods. Historic St. Paul was the outcome of that recommendation.
Ms. Carey said to date out of the grant and loan fund activity that has gone through Historic St. Paul,
they are leveraging four to one in terms of their investment for a total of over $780,000 in private
investment in St. Paul neighborhoods not accounting for the National Trust funds they are looking
forward to directing into community development activity as well.
Mac Nichols, Director of Preservation Development Initiatives at the National Trust for Historic
Preservation in Washington, D.C. appeared. He extended appreciation to the Council for the opportunity
to speak to them at this meeting and also extended his thanks to the staff in Mayor Kelly's office who
have been very supportive throughout the process. The report is an ambitious agenda. Their program is
based around the idea of using historic preservation as an economic and community development tool
and seeing it as one of several tools that St. Paul has available as decisions are made for the city to grow
and develop. They believe they can help particularly in the area of neighborhood development as they
think of developing neighborhoods of choice and also encouraging the wide range of choices available
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for residents.
The reason they are working in St. Paul is because there are so many good things going on already -- the
historic neighborhoods that are well defined and strong, community development organizations, and a
planning process that is supportive of their philosophies of conservation and preservation.
Mr. Nichols noted that they focused on certain issues including the use of key sites -- converting
downtown buildings that were previously commercial or offices spaces to help augment some of the
city's housing needs. A preservation development loan fund will be created with some of the funds they
have pledged to this effort and they also are working closely with a group to develop a heritage tourism
component to St. Paul's larger tourism marketing efforts.
Councilmember Lantry asked Martha Fuller, Director of the Department of Planning and Economic
Development (PED), to provide her perspective on how they could move forward with the
recommendations.
Ms. Fuller said PED is very please with the number of recommendations that reinforce the many things
that are already being done and priorities that the Council has already established. They are especially
eager to explore with Historic St. Paul and the National Trust opportunities to tap into the new resources
that Mr. Nichols talked about, the new architects credit for historic rehabilitation tax credits and the
preservation loan fund in particular. Ms. Fuller said they also think that access to the National Trust and
its resources will be an excellent way to learn about successful models in other communities.
Councilmember Benanav said the city often struggles with the cost of doing some of these things but in
the long term it is proven throughout the country to be a big economic tool.
Councilmember Lantry moved approval.
Adopted Yeas - 6 Nays - 0
28. Resolution - 03 -936 - Requesting the Office of Human Resources and the Risk Management
Division to provide information to the City Council and City employees who are military reservists as to
their employment rights after being called up for military service.
Councilmember Blakey said he had an opportunity to go to the 34th Air Force Reserve and meet some
of the people. His concern is what happens to City employee reserves when they are called to action -
whether they still have health insurance, if there is a gap between the salary they are getting with the
City and with the Air Force Reserve. He asked Risk Management and Human Resources to look at what
the gaps would be and what the cost to the city is.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
29. Authorizing a 2003 City Budget Amendment for the Saint Paul Police Department Relocation
Project for debt financing and related actions.
Councilmember Lantry moved to lay over one week.
Laid over to October 22 Yeas - 6 Nays - 0
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
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COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
30. Second Reading - 03 -916 - An ordinance memorializing City Council action granting the application
of Thomas Lux to rezone property at 2041 Grand Avenue from RM -2 (Multi - Family Residential) to B-
2C (Community Business - Converted) to allow for conversion of a first floor residential unit to a
kitchen /bath design business. (Public hearing held September 3, 2003)
Laid over to October 22 for third reading
31. Second Reading - 03 -917 - An ordinance amending Saint Paul Legislative Code Chapter 407 by
striking the obsolete reports section.
Laid over to October 22 for third reading /public hearing
32. Second Reading - 03 -918 - An ordinance amending the interim ordinance adopted pursuant to
Minnesota Statute 462.355, Subd. 4, in Council File 02 -1115 on December 26, 2002, which preserved
the status quo with respect to the use of property in the Sunray area. (Boston Healthcare)
Laid over to October 22 for third reading /public hearing
33. Second Reading - 03 -919 - An ordinance amending the interim ordinance adopted pursuant to
Minnesota Statute 462.355, Subd. 4, in Council File 02 -1115 on December 26, 2002, which preserved
the status quo with respect to the use of property in the Sunray area. (Old Posey Miller Site)
Laid over to October 22 for third reading /public hearing
Suspension Item:
Councilmember Lantry moved suspension of the rules to introduce the following ordinance and first
reading.
First Reading - 03 -937 - An ordinance adopting Zoning Ordinance Amendments related to the Arcade
Street Commercial 40 Acre Study.
Laid over to October 22 for second reading Yeas - 6 Nays - 0
Councilmember Harris recognized a group of Cretin - Derham students who were present at the City
Council meeting as part of their studies.
Councilmember Blakey moved to adjourn the meeting. Yeas - 6 Nays - 0
ADJOURNED AT 4:10 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
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Mary Erickson November 19, 2003
Assistant Council Secretary
mce
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