Approved Minutes 3-5-2003Page 1 of 17
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, March 5, 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
• Public Hearings
• Suspension Items
The meeting was called to order at 3:40 p.m. by Council President Bostrom.
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items 1 -32)
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 27 be removed for discussion.
Councilmember Blakey moved approval of the consent agenda as amended.
Adopted as amended. Yeas - 7 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Cory Chenevert, Douglas Fink Law Offices (for client Mae /Terrell Adams), Paul Jones,
Northern States Power, dba Xcel Energy (date of incident: 8/27/02), Thomas B. Schway Law Office (for
client Christopher Byrne), Michael and Carmelita Walker, Karin Winegar /Peter Moore, and Christopher
Zumberge.
Referred to the Risk Management Division
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2. Summons and Complaint in the matter of Josala Landvick vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
3. Notice of Filing of Deposit for Parcel 1 and Affidavit of Marc Manderscheid regarding Deposit for
Parcel 1 (Briggs and Morgan) in the matter of the Saint Paul Housing and Redevelopment Authority vs.
BMMS, LLC, et al. regarding the condemnation of real property for the Hillcrest Village
Redevelopment project.
Referred to the City Attorney's Office
4. Notice of Filing Order and Order of Dismissal (Briggs and Morgan) in the matter of the Saint Paul
Port Authority vs. Baillon Company, City of Saint Paul, et al. regarding the condemnation of certain real
property located in the City of Saint Paul for the RiverCentre Pedestrian link.
Referred to the City Attorney's Office
5. Letter from the Bepttrtment 4 Phtnning ttnd Eeonomie Bevelopm Office of License Inspections
and Environmental Protection announcing a public hearing before the City Council on March 26, 2003,
to consider the appeal
of Donald Martin to a decision of the Board of Zoning Appeals denying a variance of the allowable
height for an accessory structure in order to legalize an existing garage at 957 Beech Street.
6. Letter from the Office of Citizen Service /Division of Property Code Enforcement declaring 1269
Coach Road as nuisance property. (For notification purposes only; public hearing will be scheduled at a
later date if necessary.)
7. Letter from the Real Estate Division announcing a public hearing before the City Council on March
26, 2003, to consider deleting Roblyn Avenue from Dewey Street to Fairview Avenue due to property
owners petitioning to remove Roblyn Avenue from the Wheeler /Iglehart RSVP Paving and Lighting
Proj ect.
FOR ACTION
8. Resolution - 03 -185 - Approving the January 1, 2003 through December 31, 2004, Collective
Bargaining Agreement between the City of Saint Paul and Tri- Council Local 120, Local 49 and Local
132. (Laid over from February 26 for adoption).
Adopted Yeas - 7 Nays - 0
9. Resolution - 03 -186 - Approving the 2003 -2004 Labor Agreement between the City of Saint Paul and
the International Union of Operating Engineers Local 70. (Laid over from February 26 for adoption).
Adopted Yeas - 7 Nays - 0
10. Resolution - 03 -187 - Approving the January 1, 2003 through December 31, 2004, Collective
Bargaining Agreement between the City of Saint Paul and the Saint Paul Supervisors Organization.
(Laid over from February 26 for adoption).
Adopted Yeas - 7 Nays - 0
11. Resolution - 03 -188 - Approving the January 1, 2003 through December 31, 2004, Collective
Bargaining Agreement between the City of Saint Paul and AFSCME Local 3757 - Legal. (Laid over
from February 26 for adoption).
Adopted Yeas - 7 Nays - 0
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12. Resolution - 03 -213 - Directing the Fire Chief Examining Committee to begin meeting and allowing
the position to be posted using minimum qualifications.
Adopted Yeas - 7 Nays - 0
13. Resolution - 03 -214 - Allowing establishments along the St. Patrick's Day parade route to sell beer
and intoxicating liquor in other than plastic or paper containers after 3:00 p.m. on March 17, 2003,
providing that they have persons posted at each entrance and exit until closing time.
Adopted Yeas - 7 Nays - 0
14. Resolution - 03 -215 - Entering into an agreement with the Capitol City Partnership to conduct the
Taste of Minnesota in 2003 and 2004 at Harriet Island Regional Park and at other downtown and
riverfront facilities.
Adopted Yeas - 7 Nays - 0
15. Resolution - 03 -216 - Approving organizations to the 10% Club list of eligible recipients for 2003.
Adopted Yeas - 7 Nays - 0
16. Resolution - 03 -217 - Approving the application, with conditions, for a Second Hand Dealer -Motor
Vehicle license by Joshua Xiong and Pao Yang, dba Mid - Snelling Auto Sales, 591 Snelling Avenue
North.
Adopted Yeas - 7 Nays - 0
17. Resolution - 03 -218 - Authorizing a refund of $220.00 to the property owner at 775 Aldine Street for
being assessed the wrong assessable frontage.
Adopted Yeas - 7 Nays - 0
18. Resolution - 03 -219 - Accepting a sidewalk easement from Chestnut Housing, LP within the Upper
Landing Housing Project area in order to maintain appropriate right -of -way widths.
Adopted Yeas - 7 Nays - 0
19. Resolution - 03 -220 - Concerning adverse action against the City Contractor/
Exterior Finishing license held by John Nedoroscik, dba Nedoroscik Exteriors.
Adopted Yeas - 7 Nays - 0
20. Resolution - 03 -221 - Concerning adverse action against the House Sewer Contractor's license held
by Ken Bottila, dba Don Zappa & Son Excavating, Inc.
Adopted Yeas - 7 Nays - 0
21. Resolution - 03 -222 - Concerning adverse action against the Taxicab Driver Renewal license
application submitted by Anthony Tworoski.
Adopted Yeas - 7 Nays - 0
22. Resolution - 03 -223 - Concerning adverse action against the Taxicab Driver license application
submitted by Charles Brown.
Adopted Yeas - 7 Nays - 0
23. Resolution - 03 -224 - Concerning adverse action against the Taxicab Driver license application
submitted by Nicholas Van Kampen.
Adopted Yeas - 7 Nays - 0
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24. Resolution - 03 -225 - Establishing a 2003 financing and spending plan for Saint Paul Police
Department services provided to the Public Housing Agency (PHA) of Saint Paul and authorizing the
City of Saint Paul to enter into an agreement with PHA.
Adopted Yeas - 7 Nays - 0
25. Resolution - 03 -226 - Accepting a Juvenile Accountability Incentive Block Grant from the
Minnesota Department of Economic Security, Workforce Services Branch, and authorizing the City to
enter into and implement an agreement with the Minnesota Department of Economic Security.
Adopted Yeas - 7 Nays - 0
26. Resolution - 03 -227 - Accepting a street easement from North East Neighborhoods Development
Corporation (NENDC) for property located at 1199 White Bear Avenue (southwest corner of White
Bear Avenue and Maryland Avenue).
Adopted Yeas - 7 Nays - 0
27. Discussed after the consent agenda)
28. Resolution - 03 -229 - Amending and closing out a variety of Parks and Recreation Capital Project
budgets and transferring the remaining balance to the Como Park Trail Tunnel project.
Adopted Yeas - 7 Nays - 0
29. Resolution - 03 -230 - Adopting the findings of fact related to the demolition of buildings located in
proposed future Westminster Junction Business Center Tax Increment Financing District.
Adopted Yeas - 7 Nays - 0
30. Preliminary Order - 03 -231 - In the matter of improving Selby Avenue from Kent Street to Avon
Street by constructing new bituminous surfaced streets with concrete curb and gutter, bumpouts at
corners, concrete driveway aprons and outwalks, boulevards landscaped with sod and trees, a new
lantern style street lighting system, lead water service replacements, and sanitary sewer repairs and
setting date of public hearing for April 2, 2003. (File Nos. 18981 and 18981 C)
Adopted Yeas - 7 Nays - 0
31. Preliminary Order - 03 -232 - In the matter of constructing a pedestrian and bicycle trail which will
link the existing Bruce Vento Trail to Indian Mounds Park via Commercial Street and to Lowertown via
Fourth and Prince Streets, and doing all other work necessary to complete said improvements including
acquiring the necessary right -of -way and easements, and setting date of public hearing for March 26,
2003. (File No. AE2002 -05)
Adopted Yeas - 7 Nays - 0
32. Resolution Approving Assessment - 03 -233 - In the matter of approving the assessment of benefits,
costs and expenses for the grading and paving of the alley in Block 4, Lockey's Addition, and adjacent
Block 1, Lyton's Addition (bounded by Lyton Place, Sylvan Street, Atwater Street and Stellar Street),
and setting date of public hearing for April 23, 2003. (File No. 18945)
Adopted Yeas - 7 Nays - 0
27. Resolution - 03 -228 - Amending Council File No. 02 -1127 by adding support for Senate File No. 36
relating to ethanol producer payments.
Councilmember Coleman presented a substitute resolution which, in addition to supporting ethanol
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producer payments, also included language opposing House File No. 341 relating to human rights;
removing sexual orientation as a protected class under the Human Rights Act and in other statutory
provisions.
Councilmember Coleman moved approval.
Substitute introduced and adopted Yeas - 5 Nays - 2 (Blakey, Reiter)
FOR DISCUSSION
33. Resolution - 03 -64 - Approving the appointment of Karen Johnson, by Mayor Kelly, as Director of
Technology and Management Services effective January 6, 2003. (Laid over from February 5)
Councilmember Blakey asked how the Department of Technology and Management Services is affected
by the budget cuts noting that the City is hiring but also laying people off which, he said, sends a mixed
message.
Councilmember Lantry said she will support the appointment because the departments need directors
She noted that the Mayor can make the appointment for up to a year without Council approval.
Councilmember Benanav said he will vote against the appointment. Front line people are presently
being laid off and he said he wished they had taken a broader look at how the entire city could be
managed. He said he felt it is one of many situations that the Mayor could have handled better. He said a
clear message is being sent that sometimes more caring is shown for the managers than the people doing
the jobs.
Councilmember Blakey said what has bothered him the most with the budget cutting process is that it's
been done in a piecemeal fashion with no overall plan; i.e., there's a hiring freeze, there's not a hiring
freeze, people are being laid off and he questioned if the city should be looking at merging /consolidating
some departments. He said he understands the need for a director but he does not think there should be
the luxury of every ten people having a director.
Council President Bostrom noted that this department was merged once before and it was not very
satisfactory. Given that the city is in a difficult budget time, someone in this position who really knows
what it takes to run an IT department is extremely important. That has been seen in some of the
recommendations the Council has dealt with over the last several years. He said Ms. Johnson brings the
qualities and qualifications necessary for that department and, hopefully, the city will be able to do its
job for less money if there is a good IT department.
Councilmember Lantry moved approval.
Adopted Yeas - 5 Nays - 2 (Benanav, Blakey)
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED B Y 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 PAUL LEGAL LEDGER.
34. Final Adoption - 03 -54 - An ordinance amending Saint Paul Legislative Code Chapter 271
pertaining to Disorderly Houses.
Councilmember Lantry moved approval.
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Adopted Yeas - 7 Nays - 0
35. Final Adoption - 03 -99 - An ordinance establishing the minimum qualifications for the vacancy for
the position of Fire 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.
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
36. Final Adoption - 03 -100 - An ordinance establishing an Examining Committee for the position of
Fire Chief pursuant to the provisions of Section 12.12.1 of the Saint Paul City Charter.
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
37. Final Adoption - 03 -102 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code
deleting certain licenses no longer enforced by the City of Saint Paul and reflecting new license fees for
tanning parlors, massage centers, therapeutic massage practitioners, sidewalk cafes, animal permits, dog
licenses and boarding fees.
Councilmember Lantry moved to amend Section 200.07 board fee per day on the last page of the
ordinance to $14.00 per day. The actual costs for boarding a dog are closer to $18.00 per day. Ms.
Lantry said the fees have to be a deterrent so people understand that the city does not provide kennel
services.
Councilmember Harris asked about the average length of stay for dogs and the possibility of people not
picking up their dog because the cost is too much.
Bill Staffenson, Animal Control Officer, appeared. He said there are times they get upset citizens saying
they can't afford to make the payments. State law requires a minimum stay of five days. The City has an
in -house policy where they are held an average of seven days.
Councilmember Benanav asked what happens to the dogs that are not picked up. Mr. Staffenson said he
works with several shelters and agencies. The impound numbers are down, the euthanasia rate is down,
and adoption rates are up in all shelters.
Councilmember Lantry moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
38. Final Adoption - 03 -103 - An ordinance amending Chapter 127 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with designations to the fee
schedule contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
39. Final Adoption - 03 -104 - An ordinance amending Chapter 320 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
40. Final Adoption - 03 -105 - An ordinance amending Chapter 326 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
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schedule contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
41 Final Adoption - 03 -106 - An ordinance amending Chapter 332 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
scheduled contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
42. Final Adoption - 03 -107 - An ordinance amending Chapter 333 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
43. Final Adoption - 03 -108 - An ordinance amending Chapter 334 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
44. Final Adoption - 03 -109 - An ordinance amending Chapter 338 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
45. Final Adoption - 03 -110 - An ordinance amending Chapter 340 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
46. Final Adoption - 03 -111 - An ordinance amending Chapter 342 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
47. Final Adoption - 03 -112 - An ordinance amending Chapter 350 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
48. Final Adoption - 03 -113 - An ordinance amending Chapter 351 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Councilmember Blakey moved approval.
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Adopted Yeas - 7 Nays - 0
49. Final Adoption - 03 -114 - An ordinance amending Chapter 352 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
50. Final Adoption - 03 -115 - An ordinance amending Chapter 356 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
51. Final Adoption - 03 -116 - An ordinance amending Chapter 361 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
52. Final Adoption - 03 -117 - An ordinance amending Chapter 365 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
53. Final Adoption - 03 -118 - An ordinance amending Chapter 368 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
54. Final Adoption - 03 -119 - An ordinance amending Chapter 369 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
55. Final Adoption - 03 -120 - An ordinance amending Chapter 370 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
56. Final Adoption - 03 -121 - An ordinance amending Chapter 371 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
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57. Final Adoption - 03 -122 - An ordinance amending Chapter 372 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
58. Final Adoption - 03 -123 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
59. Final Adoption - 03 -124 - An ordinance amending Chapter 391 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
60. Final Adoption - 03 -125 - An ordinance amending Chapter 403 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
61. Final Adoption - 03 -126 - An ordinance amending Chapter 406 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
62. Final Adoption - 03 -127 - An ordinance amending Chapter 407 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
63. Final Adoption - 03 -128 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
64. Final Adoption - 03 -129 - An ordinance amending Chapter 410 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
65. Final Adoption - 03 -130 - An ordinance amending Chapter 413 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
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schedule contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
66. Final Adoption - 03 -131 - An ordinance amending Chapter 416 of the Saint Paul Legislative Code
removing the specific fee from the ordinance section and replacing it with a designation to the fee
schedule contained in Section 310.18.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
67. Final Adoption - 03 -138 - An amending ordinance to Council File No. 01 -648, adopted July 18,
2001, which established an interim ordinance of limited duration regulating land use and official
controls in the area of the City commonly known as the Arcade Street area.
Councilmember Lantry moved approval.
Adopted Yeas - 6 Nays - 1 (Harris)
68. Final Adoption - 03 -158 - An amending ordinance to Council File 02 -1116, adopted December 26,
2002, which established an interim ordinance of limited duration regulating land use and official
controls in the area of the City commonly known as the Sunray Area.
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
69. Final Adoption - 03 -159 - An ordinance finalizing City Council action granting the application of
Virginia Simek to rezone property from R -3 (One - Family Residential) to RM -2 (Multiple - Family
Residential) for construction of six townhouses at 965 St. Paul Avenue. (Public hearing held November
6, 2002)
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
70. Final Adoption - 03 -160 - An ordinance finalizing City Council action granting the application of
Lawrence Walker to rezone property at 896 and the easterly portion of 904 Marshall Avenue from RT -1
(Two - Family Residential) to RT -2 (Townhouse Residential) to allow a four -plex to be moved to this
location. (Public hearing held December 4, 2002)
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
71. Final Adoption - 03 -161 - An ordinance finalizing City Council action approving the application of
Royal Crest Properties, Inc. to rezone property from R -4 (One - Family Residential) to RM -1 (Multiple -
Family Residential) to construct two four -unit townhouse structures (8 units total) at the southeast
corner of Cottage Avenue and Farrington Street. (Public hearing held December 18, 2002)
Councilmember Blakey Reiter approval.
Adopted Yeas - 7 Nays - 0
72. First Reading - 03 -234 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to zoning for the City of Saint Paul with changes for the Irvine Avenue hillside in the zoning
map, in off - street parking standards, and hillside design standards.
Laid over to March 12 for second reading
73. First Reading - 03 -235 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to citywide zoning regulations for development on steep slopes.
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Laid over to March 12 for second reading
The meeting was recessed from 4:40 - 5:35 p.m.
Roll Call: Present - 7 Absent - 0
PUBLIC HEARINGS
74. Resolution - 03 -236 - Expanding Area 12 by establishing No Parking 8:00 a.m. to 4:00 p.m. Monday
through Friday and 8:00 a.m. to Noon Saturday, except holidays, except by permit on both sides of
Kenneth Street from Palace Avenue to alley 130 feet south.
No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval.
Yeas - 7 Nays - 0
Councilmember Blakey asked if there were adequate resources to fund this no parking area.
Councilmember Harris responded that it is a very small extension of a current permit parking district.
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
83. Public hearing to consider the appeal of District 2 Community Council to a decision of the Saint
Paul Planning Commission upholding a billboard repair permit issued by the Office of License,
Inspections and Environmental Protection and denying the request of two district councils to revoke the
repair permit for replacement of sign face panels and stringers on four rooftop billboards at 1680 White
Bear Avenue (SE corner of Larpenteur Avenue).
City Attorney Manuel Cervantes addressed Items 83 and 84 saying these two appeals involve a recent
lawsuit that was brought by Clear Channel against the City of Saint Paul. The first Writ of Mandamus
was denied but the judge granted the Alternative Writ of Mandamus. The Licensing Office granted the
permits in both of these cases. The matter was appealed, it went to the Zoning Committee and they
denied the appeal. It then went to the Planning Commission and they sustained the Zoning Committee's
decision and the matter was appealed. Some 53 days and 83 days after the permits were issued, the
Planning Commission's decision was appealed and that's what has brought these cases before the
Council.
Subsequent to that, Clear Channel brought their suit in District Court. As part of the City's ordinance,
once an appeal is perfected to the Planning Commission's decision, it stays or suspends the permits. That
is the subject of what the judge has ordered - that the suspension be lifted, that the permits that were
issued initially by LISP, but stayed pursuant to the appeals from the Planning Commission's decision,
are lifted so, in effect, those permits are good. The judged ordered a hearing on March 6, 2003, where it
would be an order to show cause as to why this decision of the judge should not stand.
Councilmember Benanav said it appears the judge made her decision on the 60 -day rule; the permits
were issued within 60 days and they are being appealed. If the judge is correct in her interpretation, it
appears that every decision, including the appeal, has to be heard within 60 days which is almost an
impossibility. It seems that the 60 -day rule is just for granting of the permit and it was granted in 60
days, but the judge is interpreting it as all matters related to that have to be concluded within 60 days
which is difficult if not impossible to meet.
Mr. Cervantes said it is his understanding that the city attorney has been aware of the lawsuit and he felt
Benanav's analysis was accurate. The matter had been set up for argument on March 6 sometime back
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but the judge has now decided that she is comfortable enough with her reading of it and one side's
version of what it means to make this decision. Eric Larson, Assistant City Attorney, had been preparing
his response long before today but now they are in a different procedural posture.
Councilmember Lantry moved to layover to March 26 in order to see what the results of the March 6
hearing will be.
Laid over to March 26 Yeas - 6 Nays - 1 (Blakey)
84. Public hearing to consider the appeal of Macalester- Groveland Community Council to a decision of
the Saint Paul Planning Commission upholding a billboard repair permit issued by the Office of License,
Inspections and Environmental Protection and denying the request of two district councils to revoke the
repair permit for replacement of sign face panels and stringers on a rooftop billboard at 1278 Grand
Avenue (SE corner of Syndicate Street).
Councilmember Lantry moved to lay over to March 26.
Laid over to March 26 Yeas - 6 Nays - 1 (Blakey)
75. Resolution - 03 -237 - Ordering the owner to remove or repair the building at 1107 Bush Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Marcia Moermond, Legislative Hearing Officer, reported that a Legislative Hearing was held on
February 25. The owner of the property is Bank of America who has been in possession of the building
for about one year. They have not posted bond to do the rehabilitation but since the hearing a code
compliance inspection has been completed. Her recommendation was to go forward with the order
because of the poor history of Bank of America of maintaining the building. There have been six
summary abatement notices and subsequent work orders for basic maintenance kinds of issues and she
does not have confidence that they will pursue the rehabilitation plans. Also, they were only planning on
doing minimal repairs in order to convey the property to HUD.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing. Yeas - 7
Nays 0
Councilmember Lantry said she talked to the Bank of America representative on this date and they were
going to post the $2,000 bond by March 12 and they have plans to reinvest $75,000 into the property
and sell it.
Councilmember Lantry moved to lay over one week.
Laid over to March 12 Yeas - 7 Nays - 0
76. Resolution Ratifying Assessment - 03 -238 - In the matter of the assessment of benefits, cost and
expenses for summary abatement (property clean up) for properties located at 774 Central Avenue, 430
Edmund Avenue, 837 Fourth Street, East, 271 Maria Avenue and 550 Edmund Avenue (J0207AAA);
demolition of building at 1000 Reaney Avenue (J0204CC); and boarding -up of vacant building at 567
Stryker Avenue (J0207BB). (Laid over from February 26)
(Legislative Hearing Officer recommends the following:
271 Maria Avenue Q0207AAA) - approval of the assessment
1000 Reaney Avenue (J0204CC - laying over to the March 11, 2003, Legislative Hearing and the
March 26, 2003, City Council Meeting
567 Stryker Avenue (J0207BB� approval of the assessment
430 Edmund Avenue (J0207AAA) - spreading the amount of the assessment payment over a five -year
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period
837 Fourth Street East (J0207AAA) - laying over to the March 25, 2003, Legislative Hearing and the
April 2, 2003, City Council Meeting
550 Edmund Avenue (J0207AAA) - spreading the amount of the assessment payment over a five -year
period
774 Central Avenue West (J0207AAA) - approval of the assessment)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval
as amended.
Adopted as amended Yeas - 7 Nays - 0
77. Resolution Ratifying Assessment - 03 -239 - In the matter of the assessment of benefits, cost and
expenses for towing abandoned vehicles from private property for parts of May, June, July, and August
of 2002 (J0205V); boarding up vacant buildings for December 2002 (J0208B); and summary abatements
(property clean -up) for part of July 2002 to part of December 2002.
(Legislative Hearing Officer recommends the following:
6-79 627 Palace Avenue (J0207A1) - laying over to the March 11, 2003, Legislative Hearing and the
March 26, 2003, City Council Meeting
236 Arlington Avenue West (J0207A1) - approval of the assessment
2021 California Avenue East (J0207A1) - laving
over to the March 11, 2003, Legislative Hearing and the March 26, 2003, City Council Meeting
972 Dayton Avenue (J0205V - laying over to the March 25, 2003, Legislative Hearing and the April 2,
2003, City Council Meeting
1817 Dayton Avenue (J0207A1) - approval of the assessment
691 Edmund Avenue (J0205V) - approval of the assessment
123 Geranium Avenue East Q0205V) - laving
over to the March 11, 2003 Legislative Hearing and the March 26, 2003, City Council Meeting_
1264 Marshall Avenue (J0207A1) - approval of the assessment
679 Maryland Avenue East Q0207A1) - approval of the assessment
1774 Norfolk Avenue (J0207A1) - deleting the assessment
645 Oakdale Avenue Q0207A1) - approval of the assessment
892 Wilder Street South (J0207A1) - reducing the assessment by $100.00 from $400.50 to $255.50 plus
the $45.00 administrative fee for a total assessment of $300.50.
712 Hawthorne Avenue East Q0207A1) - laying over to the March 11, 2003, Legislative Hearing and
the March 26, 2003, City Council Meeting
289 Fifth Street East Q020813) - deleting the assessment
1364 Marion Street (J0205V) - deleting the assessment
774 Central Avenue West (J0205V) - approval of the assessment)
Marcia Moermond, Legislative Hearing Officer, asked the Council to amend 620 Palace Avenue, 2021
California Avenue, and 123 Geranium Avenue as noted above, and to make the following additional
amendments:
2168 Minnehaha Avenue East Q0205V) - laid over to the March 11, 2003, Legislative Hearing and the
March 26, 2003, City Council Meeting.
115 Sycamore Street East (J0205V) - laid over to the March 11, 2003, Legislative Hearing and the
March 26, 2003, City Council Meeting.
0 Nugent Street (J0207A1) - laid over to the March 25, 2003, Legislative Hearing and the April 2, 2003,
City Council Meeting.
279 Nugent Street (J0207A1) - laid over to the March 25, 2003, Legislative Hearing and the April 2,
2003, City Council Meeting.
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No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval
as amended.
Adopted as amended Yeas - 7 Nays - 0
78. Appeal of James Bigelow, Sr. to a summary abatement order dated January 27, 2003, for property at
707 Maryland Avenue East. (Legislative Hearing Officer recommends denying the appeal)
Marcia Moermond, Legislative Hearing Officer, stated that this summary abatement order was issued
for the garage on the property. Inspectors from Code Enforcement determined that some of the key
support beams for the roof are failing. A team inspection has been done and a rehabilitation plan for the
building has been compiled. The owner has not decided yet whether he will pursue it.
Ms. Moermond recommended denying the appeal as the building is dangerous.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and to deny
the appeal.
Appeal denied Yeas - 7 Nays - 0
79. Appeal of Mark Meysembourg to a notice of condemnation dated February 3, 2003, for property at
970 Euclid Street. (Legislative Hearing Officer recommends denying the appeal)
Marcia Moermond, Legislative Hearing Officer, said that correction orders were issued on this property
for conditions that were discovered in an inspection resulting from a complaint of one of the tenants. Mr.
Meysembourg's appeal was premised on the fact that the city should not have had inspectors inside of
the house, that their presence was inappropriate and, therefore, all findings resulting from their presence
should not be considered. This issue was dealt with when the correction orders were being considered
which were appealed. None of the substantive issues listed in the condemnation notice having to do with
the building's unsanitary condition or repairs needed were mentioned in the condemnation appeal filed
by Mr. Meysembourg.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and to deny
the appeal.
Appeal denied Yeas - 7 Nays - 0
80. Resolution Ratifying Assessment - 03 -240 - In the matter of the assessment of benefits, cost and
expenses for the installation of new bituminous surfaced roadways, concrete curb and gutter, concrete
driveway aprons and outwalks, boulevard landscaped with sod and trees, construction of a new lantern
style lighting system, and all other work necessary to complete said improvements on Sixth Street
between Mounds Boulevard to Maria Avenue. (File No. 18970)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
81. Public hearing to consider the application of Speedway Super America, LLC to rezone property
from R -4 (Single - Family Residential) to B -3 (General Business) for expansion and rebuilding of an auto
convenience market at 1173, 1177 and 1183 Arkwright Street (between Maryland Avenue and Rose
Avenue).
Rich Malloy, Department of Planning and Economic Development, displayed a layout of the property.
SuperAmerica has purchased three lots and has met the requirements for rezoning. It was approved by
the Zoning Committee and the Planning Commission and staff recommends approval. They have
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obtained the required petition of neighbors, and they meet the compatibility based on the site plan
requirements that will be imposed on them.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval.
Motion of Intent - Application granted Yeas - 7 Nays - 0
82. Public hearing to consider a revision and adoption of Flood Plain Ordinance and Flood Plain Zoning
Map for all property in the City of Saint Paul located within the flood plain.
Alan Torstenson, Department of Planning and Economic Development (PED), presented a staff report.
In the fall of 2001, PED initiated a study of the flood insurance rate map for St. Paul. It is a FEMA
(Federal Emergency Management Association) map that affects how they regulate. Most of the process
for reviewing those amendments has been a federal process. That map is the basis for the local flood
plain overlay zones which are the flood way and foodfringe zones in the river corridor ordinance; they
do not affect the River Corridor overlay districts in the ordinance that are outside of the floodway. They
are the ones further up on the bluff.
The maps were last revised in 1989 and since then there has been a flood control project, a levy and
bridge construction and also there is better hydrologic information and a better hydrological model for
the river so the new floodway and floodfringe boundaries are based on all of that information.
Last summer FEMA approved the study. They have their own statutory 90 -day period for appeal of
anything that was in that study and any of the recommended zoning lines. That period passed with no
valid requests for appeal so on October 2 the city was notified by FEMA that they had approved those
map revisions and the city has until April 2 to adopt the floodway and floodfringe boundaries as St.
Paul's own overlay zoning boundaries for those districts
FEMA also notified PED that there were amendments to St. Paul's local regulations that had to be made
to make sure that our river corridor zoning regulations were in compliance with current federal
legislation. Mr. Torstenson said he has work with DNR and FEMA staff the last couple of months to
make sure that they are correct.
On February 28, the Planning Commission recommended approval of the revisions to the overlay zoning
district maps for the floodway and the floodfringe and the text amendments that are required by FEMA.
No one appeared in opposition; Councilmember Coleman moved to close the public.
Yeas - 7 Nays - 0 (See Suspension Item for ordinance introduced)
Suspension Item
Councilmember Coleman moved suspension of the rules and first reading of the following ordinance.
Yeas - 7 Nays - 0
First Reading - 03 -241 - An ordinance to adopt revised floodplain regulations and zoning maps for all
property in the City of Saint Paul located within the floodplain. (Public hearing held March 5)
Laid over to March 12 for second reading
Councilmember Lantry moved to adjourn the meeting. Yeas - 7 Nays - 0
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ADJOURNED AT 6:10 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson March 26, 2003
Assistant Council Secretary
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mce
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