Approved Minutes 12-23-2003Page 1 of 14
SUMMARY MINUTES
OF THE SAINT PAUL CITY COUNCIL
December 23, 2003 - 3:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Web Index
• Consent Agenda
• Miscellaneous
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
The meeting was called to order at 3:35 p.m. by Council President Bostrom.
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Helgen, Lantry
Absent - 0
CONSENT AGENDA (Items I - 24)
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 Helgen requested Item 21 be removed for discussion.
Councilmember Blakey requested Item 9 be removed for discussion.
Councilmember Harris moved approval of the consent agenda as amended.
Yeas - 7 Nays - 0
MISCELLANEOUS
42. Recognition of the late Councilmember Jim Reiter for his years of service to the City and citizens of
Saint Paul.
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Council President Bostrom read a resolution recognizing the late Councilmember Jim Reiter's dedication
and service to the City. Mr. Bostrom presented the resolution and a plaque to the family of Jim Reiter
commemorating Jim's years of service on the City Council and a moment of silence was observed in his
memory.
Suspension Items:
Resolution - 03 -1146 - Honoring the late Jim Reiter for his years of service as the Councilmember
representing Ward Five.
Councilmember Lantry moved suspension of the rules and approval.
Adopted Yeas - 7 Nays - 0
Resolution - 03 -1149 - Honoring Jan Keran, Legislative Aide to the late Ward Five Councilmember Jim
Reiter, for her years of service.
Council President Bostrom read the resolution and extended his appreciation to Jan Keran for her
service to the City.
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
Resolution - 03 -1147 - Honoring Jerry Blakey for his years of service as the Councilmember
representing Ward One.
Council President Bostrom read the resolution and presented it and a plaque commemorating Jerry's
years of service on the City Council. Councilmember Blakey said a few words of thanks and
appreciation to many people, including his family, for the opportunity he had to serve on the Council.
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
Resolution - 03 -1148 - Honoring Chris Coleman for his years of service as the Councilmember
representing Ward Two.
Council President Bostrom read the resolution and presented it and a plaque commemorating Chris'
years of service on the City Council. Councilmember Coleman extended his appreciation for the honor
he had serving the citizens and the City of Saint Paul.
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
Resolution - 03 -1150 - Honoring Bob Connor, Legislative Aide to Ward Seven Councilmember Kathy
Lantry, for his years of service.
Councilmember Lantry read the resolution recognizing Bob Connor as her Legislative Aide and his
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service to the city for the past six years. Bob responded with words of thanks and appreciation.
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
Resolution - 03 -1151 - Honoring Gerry McInerney, Legislative Aide to Ward One Councilmember Jerry
Blakey, for his years of service.
Councilmember Blakey read the resolution recognizing Gerry McInerney as his Legislative Aide and
friend for many years. Gerry extended his thanks for the opportunity he had to work with the
Councilmembers and other city employees over the past 9 -1/2 years.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Thomas Adebayo Adegboyega, Paul Cole, Ericka Jimenez, Walter Johnson, Ricky Larson,
Eric Lein, HollyJo Matson, Larry Piper, Qwest, Kyan Thornton, and Sheryl Vaz.
Referred to the Risk Management Division
2. Demand for Judicial Determination in the matter of Christopher Matthew Sitek and Joseph John
Sitek, Jr. vs. 1997 Nissan.
Referred to the City Attorney's Office
3. Letter from the Real Estate Division announcing a public hearing before the City Council on January
28, 2004, to consider the petition of Mendota Homes, Inc. to vacate City interest in part of Montana
Avenue lying easterly of the west right -of -way line of vacated Fisk Street to facilitate replatting the
property and rerouting Montana Avenue.
4. Letter from the Office of the City Attorney rescheduling the consolidated Administrative Law Judge
hearing for the Auto Repair Garage License held by Hartland Auto Sales, Inc., 1236 Arcade Street, to
January 20, 2004, at 9:30 a.m. in Room 41, Saint Paul City Hall, 15 West Kellogg Boulevard.
FOR ACTION
5. Approval of minutes of November 26, 2003.
Adopted Yeas - 7 Nays - 0
6. Resolution - 03 -1121 - Approving the appointments of Lenora Taylor and Jean Vansiea and the
reappointments of Beverly Carroll, Margaret Tracy Moos, Merlyn Satrom, Sally Staggert, Arlend (Buzz)
Wilson, and Delores Zeller, by Mayor Kelly, to the Mayor's Advisory Committee on Aging.
Adopted Yeas - 7 Nays - 0
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7. Resolution - 03 -1122 - Approving the appointment of Todd Nicholson, by Mayor Kelly, to the
District Energy Board.
Adopted Yeas - 7 Nays - 0
8. Resolution - 03 -1123 - Approving the appointment of Mai -tong Lee and the reappointments of
Shirley Kane and Kevin Lindsey, by Mayor Kelly, to the Public Housing Agency Board of
Commissioners.
Adopted Yeas - 7 Nays - 0
9. Resolution - 03 -1124 - Approving the appointment of Lisa Agrimonti and the reappointment of Cathy
Pavlak, by Mayor Kelly, to the Police Civilian Internal Affairs Review Commission.
( Discussed after the consent agenda
10. Resolution - 03 -1125 - Approving the appointments of Matthew Pahs, Russ Stark, and Alice Tibbets
and the reappointments of Lisa Falk, Greg Reese, and Kurt Schroeder, by Mayor Kelly, to the Bicycle
Advisory Board.
Adopted Yeas - 7 Nays - 0
11. Resolution - 03 -1126 - Accepting $80,000 from Saint Paul Companies Inc. Foundation for the
Capital City Education Initiative and amending the 2003 financing and spending plans.
Adopted Yeas - 7 Nays - 0
12. Resolution - 03 -1127 - Opposing any legislative changes that would restrict a city's right to restrict
or proscribe the replacement of structural elements and renovation of billboards, or a city's right to
define and enforce standards for replacement of structural elements and renovations in city zoning
codes.
Adopted Yeas - 7 Nays - 0
13. Resolution - 03 -1128 - Referring the Liquor On -Sale, Liquor On -Sale Sunday, Liquor Outdoor
Service Area (Patio), and Restaurant (B) Licenses held by Paul R. Bredemus, dba LaGrolla, 452 Selby
Avenue, to an Administrative Law Judge hearing.
Adopted Yeas - 7 Nays - 0
14. Resolution - 03 -1129 - Approving the November 25, 2003, decisions of the Legislative Hearing
Officer for Appeals of Letters of Deficiency, Correction Notices, and Correction Orders for 1396
Seventh Street West, 670 Pelham Boulevard, 369 Dale Street North and 501 Shepard Road.
Adopted Yeas - 7 Nays - 0
15. Resolution - 03 -1130 - Memorializing City Council action taken October 15, 2003, granting 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.
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Adopted Yeas - 7 Nays - 0
16. Resolution - 03 -1131- Memorializing City Council action taken October 1, 2003, granting the appeal
of Robert Clapp River Run Properties, to a decision of the Board of Zoning Appeals denying three
variances in order to split property and create a new and buildable lot at 1016 McLean Avenue.
Adopted Yeas - 7 Nays - 0
17. Resolution - 03 -1132 - Authorizing the Department of Fire and Safety Services to accept a donation
of $200.00 from Remmele Engineering, Inc.
Adopted Yeas - 7 Nays - 0
18. Resolution - 03 -1133 - Authorizing the Police Department to enter into an agreement with the
Federal Bureau of Investigation to participate in the Minnesota Violent Crime /Fugitive Task Force.
Adopted Yeas - 7 Nays - 0
19. Resolution - 03 -1134 - Authorizing the Division of Parks and Recreation to host an accreditation
thank you celebration at a cost of approximately $500.00.
Adopted Yeas - 7 Nays - 0
20. Resolution - 03 -1135 - Approving changes to the 2003 budget regarding the authorization of
additional spending and financing in the Como Campus Special Fund 380.
Adopted Yeas - 7 Nays - 0
21. Resolution 03 -1136 - Authorizing a loan of $213,270 from the Neighborhood Investment Initiative
Program to the Highland Grandview Limited Partnership.
( Discussed after the consent agenda
22. Resolution - 03 -1137 - Authorizing the proper city officials to enter into a purchase agreement for
land at 1067 Marshall Avenue for the Jimmy Lee Rec Center Acquisition and Redevelopment Project.
Adopted Yeas - 7 Nays - 0
23. Resolution - 03 -1138 - Amending the 2003 budget to provide funding for the data conversion
portion of the Public Works Computerized Maintenance Management System.
Adopted Yeas - 7 Nays - 0
24. Resolution Approving Assessment - 03 -1139 - In the matter of the assessment of benefits, cost and
expenses for providing weekly garbage hauling for the third quarter of 2003 (J03TRASH3Q); summary
Abatement (property clean -up) during August 2003 (J0307A); boarding -up of vacant buildings during
July 2003 (J03 05 B); demolition of vacant buildings during October 2003 and November 2003 (J0304C),
and setting date of Legislative Hearings for January 13, 2004 and City Council hearings for January 28,
2004).
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Adopted Yeas - 7 Nays - 0
9. Resolution - 03 -1124 - Approving the appointment of Lisa Agrimonti and the reappointment of Cathy
Pavlak, by Mayor Kelly, to the Police Civilian Internal Affairs Review Commission.
Councilmember Blakey said he feels the Council needs to take a look at this commission and make sure
there is diverse representation. As the population in the City is becoming more diverse, there should be
people from all walks of life on the commission.
Councilmember Helgen also expressed concern about the lack of diversity on the commission. He
suggested rejecting the resolution and requesting the Administration to find some appointees who would
broaden the diversity.
Council President Bostrom suggested laying over the resolution in order to hear from the Administration
as to why the appointments were made.
When it comes back, Councilmember Blakey said they should know race, gender, etc.
Councilmember Blakey moved to lay over three weeks
Laid over to January 14 Yeas - 7 Nays - 0
21 Resolution 03 -1136 - Authorizing a loan of $213,270 from the Neighborhood Investment Initiative
Program to the Highland Grandview Limited Partnership.
Councilmember Helgen asked how the loan works and why a loan is being done as opposed to a grant.
He also asked why the private matching fund requirements are being waived.
Councilmember Harris responded that this is a spectacular project. St. Paul has only two movie theaters
in the city limits; Grandview and Highland. They are very historic theaters that are not only important
facilities for art venues but they are important economic engines for a wide range of things and it is felt
they need to be preserved in their current status. Harris said this is a deferred loan that has an attachment
to it requiring the theaters to remain in operation for a period of up to nine years and the loan is deferred
on a pro -rata basis from the point of the agreement to the end of the period. The loan is for important
improvements that will enhance the value of these facilities so even after the approximate nine -year
period, they will still be viable as theaters whether with the current owners or with new owners. The
total project cost is about $450,000 so it's a lower a match. The Mann Theater group are putting in a lot
of money to assist this. It's not the full match but the normal match in the STAR program.
Councilmember Harris said this is not unusual for something that the Council does. It is from
Neighborhood Investment Funds; there was a $75,000 Cultural Star Grant earlier and the rest is made up
primarily from the Ward 3 Neighborhood Investment Fund (NIF) and some from the Ward 3 (NIF).
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
Suspension Items:
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Councilmember Coleman moved suspension of the rules and approval of the following resolution.
Resolution - 03 -1152- Approving and authorizing a grant from the Neighborhood Investment Initiative
Program to Public Art Saint Paul for the creation of the Neighborhood Public Art Matching Grant
Program.
Adopted Yeas - 7 Nays - 0
Councilmember Coleman moved suspension of the rules and approval of the following resolution:
Resolution - 03 -1153 - Approving the application, per the Legislative Hearing Officer, for an
Entertainment B License by ALS, Inc., dba Brown Derby Lounge, 567 Stryker Avenue.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
25. Resolution - 03 -1140 - Adopting the 2003 year -end budget adjustments.
Matt Smith, Director of the Department of Financial Services, appeared and said this is the financial
year -end resolution to make technical and accounting adjustments to the 2003 budget including
financing adjustments. There have been some expenditures that have exceeded budget due to unforeseen
circumstances. This resolution corrects some of the multitude adjustments that were made mid -year.
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
26. Resolution - 03 -1141 - Authorizing the spending of STAR funds to provide for the Housing 5000
Land Assembly Program.
Martha Fuller, Director of the Department of Planning and Economic Development (PED), presented a
staff report. By approving this resolution, the City Council is approving the transfer of the $10 million in
STAR funds from the City to the Housing and Redevelopment Authority.
Councilmember Harris said he is focusing on the interest revenue from the $10 million and he asked if
the City has been capturing the interest from the STAR program; i.e., once it goes into the program, he
asked how the interest is captured. It's not in the program now but there was $5 million in 2002 and $5
million in 2003. It's in the program but not in the land assembly program. He asked if the interest
revenue from those two $5 million increments is being captured or if it is going somewhere.
Ms. Fuller said it is her understanding that until the STAR funds are expended for their approved
purpose, interest earnings stay within the STAR program.
Once the interest earnings go into the land assembly program, Harris said they have been told that they
will get a 1% overnight rate that translates to $100,000 off the $10 million and then it will go back into
the Neighborhood Investment Program. He said he is not convinced that the 1% rate on the $10 million
is accurate and he feels it should be higher. The way it was understood a couple weeks ago, Harris said,
was that $10 million was an escrow fund in the land assembly program but the way he under
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understands it today after various conversations is that it will be a piece of the $25 million in terms of
paying back the debt service on the bonds. He asked why they have to do a 1% overnight rate when they
should be doing something longer. The daily liquidity is not needed in the $10 million so the interest
rate should be higher.
Martha Fuller explained how the funds will flow. When the land assembly loan program was originally
proposed, it was anticipated that the $10 million in STAR funds would go into a reserve account and be
used to secure the land assembly bonds themselves. Upon advice of counsel, they concluded that in
order to satisfy the state requirements regarding use of STAR funds, the STAR funds will be expended
for land acquisition and land improvement rather than held in a reserve account. Bond proceeds will be
used to fund the $10 million reserve account. The $10 million that will be in the reserve fund will be
invested at a higher rate than Harris had indicated. Springstead indicates that, at least initially, the
interest earnings on the reserve fund are in the neighborhood of 2.2 %. Ms. Fuller emphasized that the
investment of the reserve fund and unspent project dollars will be under the full control of the Treasury
Department. It is from the interest earnings from the reserve fund that the $100,000 to the Neighborhood
Initiative Investment Program will be transferred back to the City. The balance of those interest earnings
will remain in
the reserve fund in order to make sure that it remains in balance as collateral for the outstanding bonds.
The l +% interest rate brought up by Councilmember Harris is the return on the funds that are held in the
project fund which are bond proceeds that haven't been spent yet, Fuller said. By necessity, they are
invested shorter term because they aren't going to be in the fund very long. Therefore, that is the
difference in the rate of return.
Regarding the 1% rate on the $10 million, Councilmember Harris said he is not convinced that that
money needs to be put back into the project fund but could still be classified as interest revenue and it
could be used for something else. He asked why it all has to be invested at an overnight rate when it
doesn't have to be that liquid. Also, he questioned why that money can't go into the general fund at that
point.
Ms. Fuller responded that the investment return on the $10 million in the reserve fund is anticipated to
be 2.2% and those funds will be invested longer term. The shorter term rate represents the return on
funds held in the project account which essentially are bond proceeds that haven't been spent to buy land
yet.
Councilmember Harris said he wanted to make sure that the general fund is capturing the interest
revenue that it deserves and the stock program is as well because they use that for important things. He
once again questioned why the entire project fund needs to be invested at an overnight rate when
projects are being done incrementally. Ms. Fuller said they know the proceeds will not be in that fund
forever; not like the $10 million which will be held for the term of the bond. She said she could not
think of another bond transaction that the HRA has done where they don't trap any interest earnings on
any unspent proceeds, on any reserve accounts, and keep them inside the bond deal. It's highly atypical
to pull them out and use them for another purpose outside of the project. They typically trap all of them
in there and use those interest earnings to help reduce the cost of debt service. It is not unusual to keep
the interest earnings inside the bond transaction.
Councilmember Lantry asked what has changed from what was originally proposed. Ms. Fuller said the
shift in what was originally proposed was that they originally believed that the STAR funds would be
deposited in the reserve account. Now they believe that the STAR funds need to be expended. The
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reserve account will be funded with bond proceeds; they are just swapping bond proceeds for STAR
dollars.
If there is a desire to take more than the $100,000 in interest earnings out of this transaction and use it to
fund something unrelated, Fuller said, the impact of that would be that there will be fewer proceeds to
spend on land acquisition and land improvement. Since interest earnings are always trapped inside the
transaction, and in this case they are talking about pulling it out, a different source for debt service has to
be found. Either a
different source of funds is used for debt service or the capitalized interest is adjusted and there are less
dollars to spend on land acquisition and land improvement.
Councilmember Harris said a resolution could be passed to use $10 million from the general fund and
there is $10 million more. The question is how revenues are distributed. In the documentation the
Council was given, interest revenue is not recognized anywhere and it needs to be recognized so it's
clear where the money is going. He said it's not a $25 million land assembly but it's greater than that
because of the interest revenue that is not being recognized in the documentation.
Councilmember Harris said he is not convinced that STAR guidelines prohibit the use of STAR as in
escrow for this particular project. The guidelines say they just have to use it for the neighborhoods. He
does not feel putting the money in escrow is a proper use. He also said he is not convinced that they
should not be able to get the entire $220 million in the end.
Ms. Fuller responded that with regard to interest earnings on the STAR fund and that the documentation
does not reflect interest earnings generated within this transaction, the transaction does contemplate
investment earnings on both the reserve fund and on unspent fund proceeds. The way it is seen is in the
calculation of capitalized interest. There is a lot of detail behind the capitalized interest calculation that
would reflect exactly what assumptions are being made about those investment earnings.
Also, for other awards of STAR funds to other projects, Ms. Fuller said they do not ask other STAR
recipients to give interest earning on any unspent dollars back to the City. So they are not asking that the
land assembly bond program be treated differently than other recipients of STAR dollars.
With respect to Harris' statement that he was not convinced that the STAR funds need to be utilized as
proposed rather than held in the escrow account, Ms. Fuller said counsel was present to address that
issue. She said they would have liked to have seen the transaction structured as was originally proposed
but at the end of the day they did not feel that legally that structure met the State requirements as to how
STAR dollars had to be utilized.
Councilmember Benanav said they are looking for the $220,000 rather than the $100,000 and there are
no longer those kinds of funds that can support neighborhood programs that are important to the
Council. He proposed that they get the full $220,000, not the$100,000 and make the necessary shift in
the Land Assembly Program.
With respect to 2004, Ms. Fuller said since they anticipate issuing the bonds the first of March, there
will not be a full year of interest earnings so the number is closer to $180,000.
Councilmember Benanav moved to add language to the resolution that the interest earnings for 2004 in
excess of $100,000 go back to the Neighborhood Investment Program (NIP) subject to the NIP
guidelines.
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Councilmember Harris moved approval as amended.
Adopted as amended Yeas - 6 Nays - 1 (Benanav)
Councilmember Harris moved to recess the City Council meeting and reconvene as the Housing and
Redevelopment Authority to consider the following item. Yeas - 7 Nays - 0
Resolution of the Housing and Redevelopment Authority of the City of Saint Paul, Minnesota: (A)
Authorizing the Issuance of Land Assembly Bonds Pursuant to Minnesota Statutes, Sections 469.002
through 469.047, to Finance or Refinance Costs Incurred in the Acquisition and Improvement of Land
Pursuant to the Housing 5000 Program; and (B) Authorizing the Execution of Various Documents in
Connection Therewith, Citywide.
Councilmember Harris moved approval. Yeas - 6 Nays - 1 (Benanav)
Councilmember Coleman moved to adjourn the HRA meeting and reconvene the City Council meeting.
Yeas - 7 Nays - 0
27. Resolution - 03 -1142 - Requesting additional work related to TN Zoning and Zoning Code
Reformatting.
Councilmember Helgen noted that people were invited to submit amendments or suggestions that might
be incorporated. He had not heard from anyone and was not aware if there were any additions.
Therefore, he moved to lay over to January 14.
Laid over to January 14 Yeas - 7 Nays - 0
28. Resolution - 03 -1143 - Memorializing City Council decisions on establishing a Police Chief
Examination Committee.
Ken Smith, Council Research Policy Analyst, appeared and explained that this resolution is based on the
City Charter and it memorializes the Council's decision of December 16, 2003. It sets a timetable to
have a police chief appointed by early summer, it establishes minimum qualifications and the process for
assembling a police chief examination committee. The applications for that committee are due in the
Council Offices by January 16. It establishes how those individuals will be chosen by a three member
panel of the Council and it lays out the establishment for community meetings. The police chief
applications are due in Human Resources and the City Council Offices by March 19, 2004 and it is
hoped that the police chief will be sworn in by July.
Council President Bostrom said it was his understanding that "the working group of three" would be
changed to "all councilmembers."
Councilmember Helgen moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
29. Resolution - 03 -1144 - Establishing an "Equal Access to City Contracts" work group.
Bob Kessler, Council Research Policy Analyst, noted that this is a follow up to the discussion held by
the council the previous week. The resolution provides a date certain of January 19 when the working
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group will get specific recommendations in resolution form to the Council for action on January 21.
Councilmember Blakey said he met with staff to prepare the resolution. The working group consists of
people that staff feels would be good but he suggested Councilmembers could provide additional names.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
30. Resolution - 02 -990 - Ordering the owner to remove or repair the building at 1684 Burns Avenue
within fifteen (15) days from adoption of resolution. (Laid over from December
10, 2003) (Legislative Hearing Officer recommends approval)
Greg Blees, Council Research Director, provided a report for Marcia Moermond, Legislative Hearing
Officer. This resolution started over a year ago and at that time the former Legislative Hearing Officer
recommended approval. The issue has not been before Ms. Moermond so there is not an updated
recommendation.
Councilmember Lantry said the rehabilitation of this property is about 95% completed. Sign -off from a
couple of inspectors but she does not know if that has occurred.
Councilmember Lantry moved to lay over two weeks in order to get a report.
Laid over to January 7 Yeas - 7 Nays - 0
31. Resolution - 03 -1114 - Ordering the owner to remove or repair the building(s) at 1863 Iglehart
Avenue with fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
granting the owner 180 days to complete the rehabilitation provided the following is completed by noon
on December 17, 2003: 1) the real estate transaction is completed; 2) the code compliance inspection has
been scheduled; and 3) the $2,000 bond is posted.) (Laid over from December 17)
Greg Blees, Council Research Director, reported that Marcia Moermond, Legislative Hearing Officer,
informed him that she is satisfied with the new owners' accomplishments and she recommended
granting them 180 days to rehabilitate the property.
Councilmember Benanav moved approval as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
32. Final Order - 03 -1145 - In the matter of construction of new bituminous streets with concrete curb
and gutter, concrete driveway aprons and outwalks, boulevards landscaped with sod and trees, new
lantern style street lighting system lead water service replacements, and sanitary sewer repairs for
Norfolk Avenue from Davern Street to Gannon Road in the Davern- Bayard RSVP Project. (File No.
18998 & 18998C) (Laid over from December 17)
Larry Lueth, Department of Public Works Street Design, appeared and said this project, which includes
two blocks of Norfolk from Davern to Gannon Road, was incorporated into the residential street paving
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project for 2004 because of its proximity to the Gateway Village Project. The residents on the south side
of Norfolk were not informed that the RSVP program includes an assessment financing portion. At a
neighborhood meeting, the people were surprised to learn that they will be assessed for about 25% of the
cost of the project which amounts to about $33.00 per front foot which includes the streets and the
lighting. In light of the fact that the neighbors were not aware of the assessment, The Department of
PED has agreed to finance about one -half the costs of what the assessment financing would have been
on the south side - about $40,000 and from the Gateway Project, PED will contribute about $20,000.
Public Works will put in about $14,000 which will come out of CIB dollars. The other $6,000 will be
assessed to the residents along the south side for the lighting portion of the project. The normal
assessment would be about $33.00 but they will be assessed only for lighting which is about $5.00 per
front foot.
Councilmember Harris moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
33. Administrative Order:
D002348 Amending the budget of the Community Development Block Grant Fund to correct the
budgets of old CDBG and Emergency Shelter Grant Projects. (Laid over December 10)
Greg Blees, Fiscal Policy Director, said he will provide a written report on questions raised by
Councilmembers.
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
COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
34. Final Adoption - 03 -1052 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code
pertaining to housing and inspections by establishing a certificate of occupancy requirement for a new
class of occupancy to be known as student housing and providing for the inspection, renewal and
enforcement of such certificates for student housing by the City's Fire Marshall.
Councilmember Benanav moved to lay over four weeks.
Laid over to January 21 Yeas - 7 Nays - 0
35. Final Adoption - 03 -1053 - An ordinance amending Chapter 58 of the Saint Paul Legislative Code
pertaining to hard wired smoke detectors by providing for the installation of hard wired smoke detectors
in student housing, as that occupancy is defined in Chapter 33 of the code, and as required in Chapter 34
of the code.
Councilmember Benanav moved to lay over four weeks.
Laid over to January 21 Yeas - 7 Nays - 0
36. Final Adoption - 03 -1054 - An ordinance amending Chapter 34 of the Saint Paul Legislative Code
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pertaining to minimum housing maintenance standards and inspections and for the purpose of
safeguarding life and property by establishing a smoke detector requirement for student housing
occupancies pursuant to Minn. Stat. §299F.011, Subd. 4.
Councilmember Benanav moved to lay over four weeks.
Laid over to January 21 Yeas - 7 Nays - 0
37. Final Adoption - 03 -1072 - An ordinance amending Chapter 280 of the Saint Paul Legislative Code
to remove outdated language relative to appropriate dress.
Councilmember Coleman moved approval.
Adopted Yeas - 7 Nays - 0
38. Third Reading - 03 -1096 - An ordinance memorializing City Council action approving the
application of Leonard and Barbara Paczosa to rezone property at 1194 E. Maryland Avenue (between
Duluth Street and Lane Place) from R -4 (One Family Residential) to B -2 (Community Business) for
expansion of an auto convenience market /car wash. (Public hearing held November 5, 2003)
Laid over to January 7 for final adoption
39. Second Reading - 03 -1108 - An ordinance memorializing City Council action granting the
application of St. Paul Public Housing Agency to rezone property at 280 Ravoux Street from RM -3
(Multiple Family) to RM -2 (Multiple Family) to allow single family houses. (Public hearing held
November 5, 2003)
Laid over to January 7 for third reading
40. Second Reading - 03 -1109 - An ordinance amending interim ordinance Council File No. 02 -1115
adopted December 26, 2002 to allow new development within the Sunray Shopping Center for Dots,
Inc., 2139 Hudson Road.
Laid over to January 7 for third reading /public hearing
41. Second Reading - 03 -1110 - An administrative ordinance establishing the minimum qualifications
for the vacancy for the position of Police Chief pursuant to the provisions of Section 9.01 (a) of the
Administrative Code and Section 12.12.1 of the Saint Paul City Charter.
Laid over to January 7 for third reading /public hearing
Councilmember Coleman moved to adjourn the meeting. Yeas - 7 Nays - 0
ADJOURNED AT 5:45 P.M.
Daniel Bostrom, Council President
ATTEST:
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Minutes approved by Council
Mary Erickson February 4, 2004
Assistant Council Secretary
Submitted by:
Mary Erickson
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