Approved Minutes 6-25-2003Page 1 of 21
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, June 25, 2003 - 3:30 p.m.
PUBLIC HEARINGS - 5:30 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
• Miscellaneous
• For Discussion
• Suspension Items
• Ordinances
• Public Hearings
The meeting was called to order at 4:24 p.m. by Council President Bostrom
Present - 6 - Benanav, Blakey, Bostrom, Harris, Lantry, Reiter
Absent - 1 - Coleman (arrived after roll call)
CONSENT AGENDA (Items I - 30)
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 Benanav requested Item 6, Administrative Orders D002306 and D002307, and Item 24
be removed for discussion.
Councilmember Lantry requested Item 26 removed for discussion.
Councilmember Coleman moved approval of the consent agenda as amended.
Yeas - 7 Nays - 0
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COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Barbara Hafiz, Matthew and Lauralin Kania, Quincy Lewis (Doris Steward), Sean Parnell,
Lawrence A. Paulson, and Ross Roberg.
Referred to the Risk Management Division
2. Summons and Complaint in the matter of Nataly Sherlin, individually and as trustee for the next of
kin of Irene Sherlin, Deceased, vs. the City of Saint Paul, et. al.
Referred to the City Attorney's Office
3. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on July 23, 2003, to consider the appeal of Mark Moser to a decision of
the Board of Zoning Appeals granting two variances in order to construct a new single family home on
the southeast corner of Gotzian and East Third Street.
4. Letters from the Citizen Service Office /Division of Property Code Enforcement declaring 837 Fourth
Street East and 1819 Sheridan Avenue as nuisance properties and setting date of Legislative Hearings
for July 8, 2003, and City Council Hearings for July 23, 2003.
5. Letters from the Office of the City Attorney recommending revocation of provisional taxicab driver's
licenses based upon failure to enroll in and /or successfully complete a taxicab driver training course for
Mohamed Aar, Afrah Abdulahi, Mohamed Ahmed, Mohamed Arab, Kevin Chevre, Terrance Chromey,
Michael Curtis, Shawn Gardner, Dhaqane Harun, Khalif Hussein, Yusuf Hussein, Abdi Ibrahim, Rashid
Ibrahim, Abebe Lemlem, Spencer Lindgren, Walter McCreary Jr., Ahmed Mohamed, Dalmar
Mohamoud, Lawrence Selb, Bernard Travis, James Young, and Yehia Youssef.
6. Administrative Orders:
D002304 Authorizing the proper City officials to execute a lease agreement with the District 11
Community Council for the purpose of providing garden plots for the residents of District 11 through
the 2003 growing season.
D002305 Appointing John Maczko to act and serve as City Engineer and granting authority to perform
any duties that may be required by law of a City Engineer.
Noted as on file in the City Clerk's Office
( D002306 and D002307 were discussed after the consent agenda.)
FOR ACTION
7. Approval of minutes of May 21, 2003.
Adopted Yeas - 7 Nays - 0
8. Resolution - 03 -582 - Approving the Memorandum of Agreement between the City of Saint Paul,
United Association Plumbers Local Union No. 34 and Sprinkler- Fitters Local 4417, for the 2003 Wage
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and Fringe Adjustments. (Laid over from June 18 for adoption)
Adopted Yeas - 7 Nays - 0
9. Resolution - 03 -599 - Approving the appointments, by Mayor Kelly, of Tom Osthoff and Kou Vang
to the RiverCentre Authority.
Adopted Yeas - 7 Nays - 0
10. Resolution - 03 -600 - Approving the appointment, by Mayor Kelly, of Robert Veilleux to the
Ramsey County Workforce Investment Board.
Adopted Yeas - 7 Nays - 0
11. Resolution - 03 -601 - Approving the election of Mary Erickson as Assistant Secretary to the City
Council, effective June 30, 2003.
Adopted Yeas - 7 Nays - 0
12. Resolution - 03 -602 - Concerning adverse action against the Restaurant (B) license application of
Michael C. Robinson, dba Robinson's Barbeque & Catering, 1001 Payne Avenue.
Laid over to July 2 Yeas - 7 Nays - 0
13. Resolution - 03 -603 - Finalizing City Council action taken June 4, 2003, approving a combined plat
to create four parcels for the Emerald Gardens Housing Development (a mixed housing development
with apartments and townhomes) in the area bounded by Ellis Avenue, Emerald Street, Berry Street and
Franklin Avenue.
Adopted Yeas - 7 Nays - 0
14. Resolution - 03 -604 - Finalizing City Council action taken April 2, 2003, granting the application of
Northern States Power Company, dba Xcel Energy, for a combined plat to create an outlet for a new rail
spur at 435 James Avenue.
Adopted Yeas - 7 Nays - 0
15. Resolution - 03 -605 - Memorializing City Council action taken March 26, 2003, denying the appeal
of Don Martin regarding a variance of the allowable height for an accessory structure at 957 Beech
Street.
Adopted Yeas - 7 Nays - 0
16. Resolution - 03 -606 - Memorializing City Council action taken May 28, 2003, modifying the
variance granted to Martin Wolf and Mary Ryan upon the appeal of Russanne Low to a decision of the
Board of Zoning Appeals granting a side yard setback variance in order to construct a 3.5 by 10 foot
addition to the east side of the house at 1280 Keston Street.
Adopted Yeas - 7 Nays - 0
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17. Resolution - 03 -607 - Memorializing City Council action taken January 22, 2003, upholding a
decision of the Planning Commission denying the appeal of Lincoln Outdoor Advertising to an order to
remove an advertising sign at 710 Dale Street North (between Van Buren and Minnehaha Avenues).
Adopted Yeas - 7 Nays - 0
18. Resolution - 03 -608 - Memorializing City Council action taken February 5, 2003, granting the
appeal of the Merriam Park Community Council of a building permit issued by the Office of License,
Inspections and Environmental Protection for "V" shaped billboard at 1926 University Avenue.
Adopted Yeas - 7 Nays - 0
19. Resolution - 03 -609 - Finalizing City Council action taken May 28, 2003, granting the application of
Rice Street Properties for a lot split with a variance to create two industrial parcels and to facilitate a
transfer of ownership and tie the parcels to the adjacent owners at 801 Rice Street.
Adopted Yeas - 7 Nays - 0
20. Resolution - 03 -610 - Approving the acceptance of the donation of materials and labor from the
Upper Swede Hollow Neighborhoods Association to be used in the completion of the renovation of
Hamm Park as well as the ongoing maintenance of the planting beds.
Adopted Yeas - 7 Nays - 0
21. Resolution - 03 -611 - Approving the decisions of the Legislative Hearing Officer on Appeals for
Letters of Deficiency, Correction Notices and Correction Orders for 670 760 Brookline Street.
Adopted Yeas - 7 Nays - 0
22. Resolution - 03 -612 - Approving the application with conditions for Wine On Sale, Malt On Sale
(Strong), and Entertainment Licenses by Karen M. Thao, dba Data Thai Restaurant, 769 Milton Street
North (Legislative Hearing Officer recommends approval with conditions)
Adopted as amended Yeas - 7 Nays - 0
23. Resolution - 03 -613- Authorizing the proper City officials to pay Wilma Mitchell $165,500, plus
closing costs, for property located at 1075 Marshall Avenue for improvements to be made to the Jimmy
Lee Rec Center facility.
Adopted as amended Yeas - 7 Nays - 0
24. ( Discussed after the consent agenda
25. Resolution - 03 -615 - Indemnifying and holding Macalester College harmless for the City's use of
their tennis courts from June 13 through July 25, 2003.
Adopted Yeas - 7 Nays - 0
26. ( Discussed after the consent agenda
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27. Resolution - 03 -617 - Authorizing the Department of Fire and Safety Services to accept a grant of
$34,866.00 for the enhancement of the City's Emergency Operation Plan from the State of Minnesota.
Adopted Yeas - 7 Nays - 0
28. Resolution - 03 -618 - Authorizing the Department of Fire and Safety Services to accept a grant of
$700,002 from FEMA's Assistance to Firefighters Grant Program and establishing a Financing and
Spending Plan for the 2003 Budget.the petition of Metro State University to vacate overhead space
across East Seventh Street southwesterly of Maria.
Adopted Yeas - 7 Nays - 0
29. Resolution - 03 -619 - Authorizing the Police Department to enter into an agreement, including an
indemnification clause, with the State of Minnesota acting on behalf of Century College to provide 300
hours of POST training from September 1, 2003 through June 30, 2004.
Adopted Yeas - 7 Nays - 0
30. Resolution - 03 -620 - Authorizing the St. Paul Police Department to enter into a Memorandum of
Understanding with Ramsey County for the Ramsey County Adult Substance Abuse Court Program.
Adopted Yeas - 7 Nays - 0
6. D002306 Establishing a city -wide policy prohibiting the possession, transport, carry or use of
dangerous weapons and firearms, except where such possession, transport, carry or use is specifically
required as apart of employee job duties.
D002307 Establishing a city -wide policy prohibiting City Employees from engaging in any and all
forms of gambling, whether legal or illegal, on City property, on City time or with City equipment
except where such action is specifically required as a part of employee job duties.
Councilmember Lantry moved to lay over to July 9
Laid over to July 9 Yeas - 7 Nays - 0
24. Resolution - 03 -614 - Amending prior and current year budgets to adopt an appropriation for the
acquisition and improvement of the Meritex lot and Car -Lo Building.
Adopted Yeas - 5 Nays - 2 (Benanav, Coleman)
Councilmember Harris stated that this project has come before the council in haphazard fashion and he
wanted to clarify the purpose of this resolution. Dave Nelson, Technology and Management Services,
said the Council approved a resolution authorizing purchase of the Car -Lo Building which is part of this
financing package. The Car -Lo Building will be utilized for police radio shop operations and specialty
vehicle housing. The Meritex property will be utilized for parking of official vehicles and staff vehicles.
Councilmember Harris questioned the financing plan. Matt Smith, Director, Office of Financial
Services, stated that $350,000 was from Port Authority Bonds; $275,000 from the Police Department
Asset Forfeiture Revenues; $275,000 in CIB Bonds originally to be used for the Mounted Patrol Stable
Project; $50,000 of STAR money also to be used for the Mounted Patrol Stable Project; and the
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remaining $750,000 is from remaining CIB balances for projects that have been completed with fund
balances remaining.
Councilmember Harris questioned the CIB fund balance funding source. Mr. Smith stated that staff had
been looking for unexpended funds and went through a process to check each project to see whether
money was left over and available. The funding comes from a variety of projects but it seems to be an
appropriate use of the money. Councilmember Harris asked whether the CIB Board had a chance to
review this. Eric Willems, Office of Financial Services, responded that the CIB Committee reviewed
this project and recommended approval.
Councilmember Benanav said it was astounding to find $1.7 million for this project and asked if any
funding had come from the Griggs Recreation Center expansion project. Mr. Smith replied that in this
resolution there were no funds associated from that project.
Councilmember Lantry stated that during the budget process, information had been requested on
available financing sources and they are not on the list. She also questioned whether extra CIB dollars
would be available to finance other projects. Mr. Smith responded that staff had attempted to identify the
total dollars that would be available for each project as some projects had come in under budget. This is
based on the information from the project managers that the individual projects were completed and
funds would be available.
Councilmember Benanav questioned the removal of $145,000 from the 2003 Residential Street
Revitalization program (RSVP) and how it could be known that those funds would be available when
the project had not been completed. Mr. Smith responded that it was based upon information given to
staff by the individual project managers and that it was also based upon bids currently received by the
City. Councilmember Benanav stated he was uncomfortable taking money from a project that was
currently in progress.
Councilmember Harris said that although he supported this project, there needs to be better policies in
the CIB program regarding unexpended fund balances. He questioned whether the Housing and
Redevelopment Authority staff had a chance to review this project as opposed to having the money
come from CIB. Councilmember Coleman stated that if there were additional acquisition and site prep
costs and other costs associated with this building, they should be approved all at the same time.
Council President Bostrom stated that the City of Saint Paul has been working with Ramsey County and
is poised to received millions of dollars worth of State and Federal grants for the 800 megahertz radio
system. It was known that additional costs would be discovered but with the timeline to purchase the
original building, it forced a more gradual process. In the long run, for the citizens of Saint Paul it will
be a much more effective Police Department.
Councilmember Benanav stated that $215,000 should come from the Marketing Department budget
instead of taking from RSVP and other projects. Councilmember Harris questioned who the project
manager was for this project and Dennis Flaherty, Deputy Mayor, responded Teresa Sterns and
Associates has been the owners rep on the Griffin Building. Councilmember Coleman concurred that
Ms. Sterns is the project manager the County has hired but City staff should be overseeing this project to
keep the city's interests in mind as well. Councilmember Harris questioned the timeline for this project.
Mr. Flaherty responded that the closing on this property was set for June 26, 2003.
Councilmember Blakey requested that a project manager from the City be named to follow this process.
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Councilmember Lantry said other 2003 projects were included in this list and if the 2003 projects run
over, the Council needs to know where the money will come from. Contingency financing plans should
be specific. The City Council also needs to see every cost associated with this project showing where
future gaps may occur.
Councilmember Benanav moved to eliminate $145,000 from the RSVP Program to be used for this
project and instead take it from the Marketing Department (Item 26).
Motion failed Yeas - 1 Nays - 6 (Blakey, Bostrom, Coleman, Harris, Lantry, Reiter)
Councilmember Reiter moved approval with the amendment to address other potential funding sources.
Adopted Yeas - 5 Nays - 2 (Benanav, Coleman)
The City Council requested that the Administration provide the following information at the July 9
Council meeting:
That other potential funding sources be examined for this $1.6 million project;
That a staff person from the City of Saint Paul be designated as project manager for the Police
Headquarters project;
A comprehensive financing and spending plan for the Police Headquarters and Emergency
Communications project, including past, current and future phases.
26. Resolution - 03 -616 - Transferring $140,000.00 from City Council Contingency in Promote St. Paul
to make a contribution to Capital City Partnership - Marketing Committee.
Councilmember Benanav questioned the contribution of funds to market Saint Paul when the Fire
Department has had to decommission Engine 20 as a result of staff shortages saying a decision has to be
made as to what is more important. The City is in the process of hiring another Marketing Director for
$75,000, plus the Capital City Partnership's focus has changed to filling up downtown business space.
Councilmember Blakey responded that a commitment had been made to Capital City Partnership and
that had to be honored.
Upon question from Councilmember Harris, Matt Smith, Office of Financial Services, responded that
the resolution is consistent with budget adjustment resolutions already adopted for 2003. There would be
$140,000 from Contingency, with $130,000 of that going to Capital City Partnership and $10,000
reimbursing the General Fund.
Councilmember Lantry stated that the commitment to the Capital City Partnership was $250,000.
During the first round of budget cuts, there was a $125,000 cut to Capital City Partnership. Greg Blees,
Fiscal Policy Director, stated that the Council had decided to put some of this funding into Council
Contingency. Capital City Partnership acknowledged that their mission was changing plus some
Councilmembers had ideas about a closer relationship with the Convention and Visitors Bureau and
some staffing questions.
Mr. Smith stated that the year was started with $250,000 budgeted for Capital City Partnership. After
this resolution, Capital City Partnership will be paid no more this year and the contract will be honored.
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Councilmember Blakey moved approval.
Adopted Yeas - 5 Nays - 2 (Benanav, Lantry)
MISCELLANEOUS
55. Recognizing Nancy Anderson on her retirement following 38 years of service to the City of Saint
Paul and as the current Assistant Secretary to the City Council.
Nancy Anderson was recognized for her years of City service.
FOR DISCUSSION
31. Resolution - 03 -452 - Directing the proper City officials to convey the property in the area known as
Norpac Road to the highest responsible bidder. (Laid over from May 28)
Councilmember Blakey moved to lay over two weeks.
Laid over to July 9 Yeas - 7 Nays - 0
32. Report from the Office of License, Inspections and Environmental Protection (Animal Control) on
the progress on the wording change to the Administrative Rules regarding the destruction of dogs.
(Report requested by Council on May 28)
A report was presented by Bill Stephenson, Office of License, Inspection and Environmental Protection
(Animal Control).
33. Resolution - 03 -591 - Authorizing applications for Opportunity Grants through the Livable
Communities Demonstration Program. (Laid over from June 18)
Upon question from Councilmember Lantry, Jim Zdon, Planning and Economic Development
Department, stated that there were two applications submitted - one for a reuse study of the Schmidt
Brewery site, and the second was to develop a master plan for the Union Brass site. The monies from the
Met Council Livable Communities Grant would be used to underwrite the study to determine the best
use of these facilities.
Councilmember Reiter moved approval.
Adopted Yeas - 6 Nays - 1 (Lantry)
34. Resolution - 03 -621 - Approving funding for Cycle 9 (2003) of the Cultural Star Program for the
Dale Warland Singers. (Laid over from June 18)
Dan Smith, Planning and Economic Development Department, stated that this issue was laid over from
the June 18, 2003 City Council meeting. This was included in the Cultural Star Board's and the Mayor's
recommendations for the 2003 Cultural Star Program. The Dale Warland singers are requesting $13,000
for marketing their 2003 -2004 season.
Councilmember Benanav moved approval.
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Adopted Yeas - 6 Nays - 1 (Lantry)
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.
35. Final Adoption - 03 -484 - An ordinance amending the Saint Paul Legislative Code, Appendix F,
District Heating Franchise - District Heating Development Company, and Appendix K, District Energy
Services Franchise, to grant the franchise holder legal authority to use the public right -of -way to install a
fiber optic network for use by the City of Saint Paul, the State of Minnesota, and the County of Ramsey.
(Substitute introduced on May 21) (Laid over from June 18)
Councilmember Coleman moved to lay over to two weeks.
Laid over to July 9 Yeas - 7 Nays - 0
36. Second Reading - 03 -595 - Amending Legislative Code Chapter 81 pertaining to storm sewer system
charges to provide for the collection of interest against the balance of such charges not paid by October
1 of the billing year and by making minor text amendments to comport with current city department
duties.
Laid over to July 2 for third reading /public hearing
37. First Reading - 03 -622 - An ordinance finalizing City Council action granting the application of Rice
Street Properties to rezone property from I -2 to I -1 Industrial to correspond with proposed parcel lines at
801 Rice Street. (Public hearing held May 28, 2003)
Laid over to July 2 for second reading Yeas - 7 Nays - 0
Suspension Items
Councilmember Lantry moved suspension of the rules and approval of the following resolution:
Resolution - 03 -634 - Recognizing Nancy Anderson for 38 years of service to the City of Saint Paul and
declaring Friday, June 27, 2003 as Nancy Anderson Day.
Adopted Yeas - 7 Nays - 0
Councilmember Blakey moved suspension of the rules and approval of the following resolution:
Resolution - 03 -635 - Establishing a 2003 financing and spending plan for Police Department services to
the Amherst H. Wilder Foundation for zero tolerance patrols at the Thomas /Dale- Frogtown Weed and
Seed site.
Adopted Yeas - 7 Nays - 0
Councilmember Blakey moved suspension of the rules and approval of the following resolution:
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Resolution - 03 -636 - Establishing a 2003 financing and spending plan Police Department services
provided to the Amherst H. Wilder Foundation for zero tolerance patrols in the Rivertown Commons
complexes and grounds.
Adopted Yeas - 7 Nays - 0
Councilmember Benanav moved suspension of the rules and approval of the following resolution:
Resolution - 03 - 637 - Honoring the achievements of the Saint Paul Youth Skatepark Task Force and
inviting the community to the grand opening celebration of the Front Skatepark on Saturday, June 28,
2003 from 11:00 a.m. to 2:00 p.m.
Adopted Yeas - 7 Nays - 0
PUBLIC HEARINGS
38. Resolution - 03 -623 - Approving the application for a sound level variance, with conditions, by Ron
Maddox, Taste of Minnesota, to allow amplified music at the four main stages at Harriet Island and at
the intersection of Wabasha and Water Streets from July 2 -6, 2003 from 12:00 p.m. to 11:00 p.m.
Bill Gunther, Office of License, Inspections and Environmental Protection, stated that Ron Maddox, the
applicant, has requested 104 db for the Taste of Minnesota celebration. Staff is recommended 100 db
which is traditionally what has been recommended with this venue. However, Mr. Maddox has taken
steps to align the main stage to minimize the noise impact.
Mr. Maddox appeared and stated that 102 db would work as well. The stage has been focused down
river and a decibel level of 102 or 100 will not make much difference. Mr. Gunther stated that if a
listener is hearing 100 db sound and it was increased to 102 db, the difference probably would not be
noticed.
Councilmember Coleman moved to close the public hearing and approval as amended.Adopted as
amended Yeas - 7 Nays - 0
39. Resolution - 03 -624 - Approving the application for a sound level variance, with conditions, by
Stacy Einck, Manager, Andersen Corporation, to allow amplified music at Harriet Island for the
"Andersen Centennial" event on July 19, 2003, from 7:00 p.m. to 10:30 10:00 p.m.
Councilmember Coleman questioned whether more was known about this event. Bill Gunther, License,
Inspections and Environmental Protection, stated this is Andersen's annual company picnic with various
bands playing throughout the day. Councilmember Coleman requested the ending time be 10:00 p.m.
instead of 10:30 p.m.
Dave Einck, Andersen Corporation, stated that the amendment was acceptable. This was Andersen's
100th anniversary and they have chosen to come to St. Paul. There were 9,600 people registered to
attend the event at this time.
Councilmember Coleman moved to close the public hearing and approval as amended.
Adopted as amended Yeas - 7 Nays - 0
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40. Third Reading - 03 -554 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code to
permit the sale of alcohol until 2:00 a.m. by those establishments which have obtained a permit from the
State of Minnesota.
Report from Chief Finney or his designee, Saint Paul Police Department, on the impact, if any, the 2:00
a.m. bar closing will have on the City's law enforcement. (Report requested by the Council on June 4)
A report was presented by Chief William Finney, Saint Paul Police Department. Chief Finney stated the
Saint Paul Police Department supports this ordinance. There is currently sufficient staffing to cover
these hours and it should not be an imposition upon the Police
Department's resources. Chief Finney stated that they intend to monitor the new hours and he will report
back to the Council if there are increases in activities.
Report from the City Attorney on whether or not the City, in addition to the State, can also include an
additional fee on liquor licenses for the extended hour. Also, is it necessary for the City to develop a
different liquor license fee scale. (Report requested by the Council on June 4)
Report from the City Attorney as to the City's ability to impose stricter license conditions on certain
establishments, such as certain neighborhood bars that would remain open until 2:00 a.m. (Report
requested by the Council on June 4)
A report was presented by Virginia Palmer, City Attorney's Office. Ms. Palmer stated an additional,
independent fee could not be imposed on those establishments that elect to stay open until 2:00 a.m. If it
is found that enforcement fees increase, the license fees could be increased. The legislation that enacts
these fees does not give independent authority to the City to assess a fee. Councilmember Benanav
suggested that the license fees should be studied. He asked if the City has the authority to revoke the
2:00 a.m. closure if a bar is found to be a nuisance. Ms. Palmer responded that conditions can be
imposed on a license as long as they are reasonable and relate to the nuisance activity.
The following people testified in support of the ordinance:
Tom Getzke, Saint Paul Convention and Visitors Bureau (CVB), stated the CVB is in support of the
ordinance. The key to this issue is the word "option;" a business can opt to stay open. The new closing
time will generate more revenue for the City of Saint Paul. It will also generate more tourism business,
increasing hotel /motel tax revenue to the City. The 2:00 a.m. option gives Saint Paul a level playing
field for these events. It is also critical to the RiverCentre convention facilities.
Pat Fleury, Saint Paul Hospitality Association (SPHA) and owner of Shamrocks Grill and Pub, stated
that this issue was brought about because of the hotel industry. Initially, this was being looked at for
downtown Minneapolis only and the SPHA was opposed to it. Although there are some establishments
not in favor of the 2:00 a.m. closing, the majority of the Hospitality members are in favor of the change.
There are some concerns with neighborhoods but issues currently exist with the 1:00 a.m. closing. The
SPHA would like to work with the City and resolve these individual problems and it may be time to
review the penalty matrix for license holders. Mr. Fleury stated that license fees have not been looked at
for five years because the fees are high enough to cover enforcement right now. However, he stated he'd
be happy to review the current fees if the Council would like to do so.
Dan O'Gara, owner of O'Gara's, stated that Saint Paul needs to remain competitive with Minneapolis. If
this change were not enacted, it would make it difficult to book bands which would put some
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organizations at a big disadvantage.
Bill Youst, General Manager of the Saint Paul Grill and chair of the Rice Park Restaurant District, stated
he was in support of the ordinance. Many of the new restaurants on West Seventh Street exist as a result
of the Xcel Energy Center. St. Paul is now on a plateau that has not been seen in recent history and it
will give Saint Paul a competitive edge.
Jim Farrell, executive director of the Minnesota Licensed Beverage Association, stated that for a long
time this legislation was opposed as it was for downtown Minneapolis hotels only. This year the
situation at the Capitol changed and many of the MLBA members throughout the state were in support
of looking into the 2:00 a.m. closing time. Although everyone will not like this idea, most of the
industry as a whole supports the change. It is important that establishments can choose to stay open if
they wish to do so. There clearly will be frustration by neighbors on this issue and the MLBA's goal will
be to try to assist the City to make sure this does not become a detriment, but a benefit, to the
community.
The following people testified in opposition to the ordinance:
Dan Dobson, 801 Goodrich Avenue, a member of the executive committee of the Summit Hill
Association said that organization did not receive notice of this public hearing. Mr. Dobson lives two
blocks from the Wild Onion on Grand Avenue. He was threatened by bar patrons in the past year and
when the owners of the Wild Onion were approached to resolve this issue, they were not good
neighbors. By extending the closing time in the neighborhoods, additional enforcement mechanisms
should be included. Mr. Dobson recommended that this be sent to district councils for more public
comment.
Chris Yerkes, 627 Ashland Avenue, lives near Sweeney's on Dale and Ashland. He said he agreed with
Mr. Dobson and presented a petition requesting vigorous enforcement and more restrictions for bars that
stay open until 2:00 a.m. Mr. Yerkes stated an off -duty employee damaged his personal property. There
needs to be another mechanism to allow neighbors a place to get some type of action on problem
properties. He questioned if patios can also remain open until 2:00 a.m. The bars need to be actively
deterring problems outside their facilities as well, Yerkes said.
Claudia Dieter, 2026 Pinehurst Avenue, stated she had done research regarding the State's legislation
allowing the 2:00 a.m. bar closings. The primary argument for this was to make the state competitive for
convention business. Prior to this year, the proposed legislation would only have applied to certain
cities. Ms. Dieter said that initially she felt the 2:00 a.m. closing should only be in a downtown district
and not in the neighborhoods. Regardless of the arguments made to justify a 2:00 a.m. closing, the true
reason seems to be economic. It will primarily mean another hour to potentially over -serve patrons. It is
appropriate for the Council to be aware of the opinions of citizens and to request that the City consider
proactive efforts that could be taken to address concerns.
Ms. Dieter presented a petition of 45 signatures of people who were concerned about the impact of the
2:00 a.m. closing on their neighborhood and City. She requested that the City Council, the bar owners
and liquor industry representatives listen to concerns and prepare for the possible negative effects of the
additional hour of consumption.
Councilmember Coleman moved close the public hearing. Yeas - 7 Nays - 0
Laid over to July 2 for final adoption
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41. Third Reading - 03 -555 - An ordinance amending Chapter 14 of the Saint Paul Administrative Code
to clarify that the Library Director serves at the pleasure of the Mayor, and to modify the budgetary
powers previously given to the Library Agency.
No one appeared in opposition; Councilmember Harris moved to close the public hearing.
Yeas - 7 Nays - 0
Laid over to July 2 for final adoption
42. Resolution - 03 -625 - Concerning adverse action against the Cigarette /Tobacco license held by Fuhr
Enterprises, Inc. dba Sunray Amoco, 344 Ruth Street.
Virginia Palmer, City Attorney's Office, stated that this item recommends adverse action against a
cigarette license held by Fuhr Enterprises based upon a cigarette compliance check. The date of
violation was April 24, 2003, and involved a tobacco compliance check done by a 15- year -old who was
able to purchase cigarettes even though he showed identification which proved his age. The
recommendation is a $200 fine and the licensee requested to testify before the Council regarding the
efforts they take to prevent this sale.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval
Adopted Yeas - 7 Nays - 0
43. Resolution - 03 -626 - Concerning adverse action against the Cigarette /Tobacco license held by
Eastern Heights Amoco, Inc., 1785 Suburban Avenue.
Ms. Palmer stated the recommendation was also a $200 fine based upon the compliance check
completed April 24, 2003.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
44. Resolution - 03 -627 - Authorizing the proper City officials to grant a temporary construction and
permanent utility easement to the City of Maplewood to install and operate a storm sewer on City
parkland north of Lake Phalen.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and moved
approval.
Adopted Yeas - 7 Nays - 0
45. Final Order - 03 -628 - In the matter of sidewalk reconstruction and /or new construction at West Side
Aldine Street from Marshall Avenue to Iglehart Avenue (503001) and West Side Harvard Street from
East Baker Street to Prescott Street (5030020).
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and moved
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approval.
Adopted Yeas - 7 Nays - 0
46. Resolution - 03 -629 - Ordering the owner to remove or repair the building at 928 Maryland Avenue
East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
laying over to the July 15, 2003, Special Legislative Hearing and the July 23, 2003, City Council
Meeting.)
Marcia Moermond, Legislative Hearing Officer, stated the appellant, Trudy May Gloe, has met all
conditions in terms of scheduling the code compliance inspection but suggested a layover in insure
everything is in order.
Councilmember Reiter moved to lay over to July 23.
Laid over to July 23 Yeas - 7 Nays - 0
47. Appeal of Trudy May Gloe to a Summary Abatement Order at 928 Maryland Avenue East. (Laid
over from May 28) (Legislative Hearing Officer recommends denying the appeal)
Ms. Moermond stated that there were four issues appearing on this agenda for 928 E. Maryland Avenue.
This is the appeal related to the boarding of this building. The appellant believed it was security but
Code Enforcement believed additional securements were necessary as it appeared to have been broken
into. She recommended denial of the appeal of the abatement order.
Councilmember Coleman moved to close the public hearing and deny the appeal.
Appeal denied Yeas - 7 Nays - 0
48. Appeal of Julia Althoff, on behalf of Illean Weber, Anthony Garofalo to a Notice of Condemnation
Order to vacate property at 756 Juno Avenue. (Legislative Hearing Officer recommends denying the
appeal of the June 5, 2003, Revised Notice of Condemnation and Order to Vacate)
Marcia Moermond, Legislative Hearing Officer, stated that the original appeal was to vacate and
condemnation that occurred on June 5, 2003. The order to vacate was a 24 -hour notice and there was a
list of 11 or 12 deficiencies found with the property that led to the condemnation. Typically, solutions
can be negotiated for all parties involved, but in this case that was not possible. There was an emergency
legislative hearing conducted within 24 hours of the building being ordered vacated. At that time, there
was an arrangement made to allow occupancy of this building only by the owner and he was also
encouraged to continue working on the property. This condition was requested by staff because of the
history of occupancy violations. A lot of work has been done at this property but there are still code
violations present. The code was applied strictly in this case because of the history of violations without
correction by the owner. The permits to complete work have been issued. Ms. Moermond recommended
denying the appeal of the condemnation and enforcing the order to vacate.
Julia Althoff, an attorney with Legal Aide, was present representing the interests of Anthony Garofalo,
owner of the home. Ms. Althoff stated that when the condemnation order was issued, she felt the house
was fit for habitation. It is habitable now according to the legislative code. Ms. Althoff stated her client
has a variety of disabilities and she had made a request at the hearing to allow him more time to address
the code violations before going into a condemnation status. He is willing to address the violations. Ms.
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Althoff stated that at the time of the hearing there were 12 principal violations listed. It was indicated
that the primary concern was the dwelling lacks an operable kitchen sink. The reason that Mr. Garofalo's
sister has stepped in is to help him keep the house from going into foreclosure. They would like to sell
the house.
They are in the process of remodeling the kitchen which is why the sink was not there.
After the hearing Ms. Althoff said her client was told to repair the sink, that he could not have any
guests and the situation would be reviewed again. Because of enforcement measures taken by the City,
Mr. Garofalo has been unable to get into the house. Once the permits were obtained, the sink was
replaced.
There is a police report that has to do with guest at the home. People are permitted to be at the home
from 8:00 a.m to 8:00 p.m. in order to make repairs. The citations listed do not make this property unfit
for human habitation. The owner is making progress and Ms. Althoff requested that the Council lift the
condemnation as her client is homeless as a result of this situation.
Jack Blank, 760 Juno Avenue, owner of property next -door to this property, said that over a year ago the
basement was condemned and it has been a nightmare living next to this property. He also stated that the
owner was in drug rehab now and none of his relatives can take him in. Mr. Blank stated that the owner
has continually disobeyed rules and that the appeal should not be granted and the condemnation status
kept.
Becca Hine, 757 Armstrong Avenue, a nearby resident, said the resident of this property has been
causing problems for several years. Ms. Hine stated she supported the condemnation based on the
owner's lack of ability to follow through on any of these issues. The criminal activity that occurs in the
house is appalling and needs to be addressed. She stated that the appeal should not be granted based on
this information.
Councilmember Coleman moved to close the public hearing. Yeas - 7 ays - 0
Ms. Moermond stated that one of the problems with this issue is that there is a requirement that the
owners seek a code compliance inspection. One option for the Council would be to lay this item over for
two weeks and allow the Office of LIEP to close out the permits and determine whether work has been
done in a proper fashion.
Councilmember Coleman stated there were two issues: the physical state of the property and the other
activities associated with the property. The neighborhood is most affected by the outside activity. Upon
question from Councilmember Coleman, Ms. Moermond replied that many months ago, Andy Dawkins
of Code Enforcement met with the owners of this property to negotiate a number of repairs that were
necessary to bring it into compliance. The inspectors who were at the hearing believed that those
negotiated items had not been addressed adequately by the owners of the property.
Councilmember Coleman stated that the house would remain condemned with a layover, and he wanted
more specific information to address the ongoing problams more directly affecting the neighbors
involved .Councilmember Lantry suggested that an action plan from the occupant of the home should
also accompany this information.
Councilmember Coleman moved to lay over to the July 9.
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Laid over to July 9 Yeas - 7 Nays - 0
49. Resolution Ratifying Assessment - 03 -630 - In the matter of the assessment of benefits, cost and
expenses for towing of abandoned vehicles from private property at 1688 York Avenue during the
month of October, 2002 (J0301VVV); summary abatement (property cleanup) during the month of
February, 2003 for property at 928 Maryland Avenue E. (J0302AAA); boarding -up of vacant building at
928 Maryland Avenue E. during the month of February, 2003 (J0302BB); and towing of abandoned
vehicles from private property at 1607 Carroll Avenue during the month of October, 2002 (J0301 V2).
(Laid over from May 28)
(Legislative Hearing Officer recommends:
1688 York Avenue (J0301 VVV) - Spreading the assessment over a five year period;
928 Maryland Avenue East (J0302AAA and J03021313) - approving the assessments;
1607 Carroll Avenue (J0301 V2) - recommendation is forthcoming approving the assessment.)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval
as amended (per the recommendation of the Legislative Hearing Officer)
Adopted as amended Yeas - 7 Nays - 0
50. Resolution Ratifying Assessment - 03 -631 - In the matter of the assessment of benefits, costs and
expenses for summary abatements (property clean -up) for part of February 2003 to part of April 2003,
summary abatements (snow /ice removal and /or sanding of walks) for part of February 2003 to part of
March 2003, demolitions of buildings for part of March 2003, and boarding -up of vacant buildings for
March 2003. (Files J0303A, J0302SNOW, and J030313)
(Legislative Hearing Officer recommends:
690 Central Avenue West (J0303A) - approval of the assessment;
574 State Street (J0303A) - spreading the assessment over a five -year period;
1820 Stillwater Avenue (J0302SNOW) - reducing the assessment from $195 to $75 plus the $45
administrative fees for a total assessment of $120;
595 Edmund Avenue (J0303A) - laying over to the July 8, 2003, Legislative Hearing;
1237 Matilda Street (J0303A) - laying over to the June 23, 2003, Legislative Hearing;
1374 Ames Avenue (J0303A) - approval of the assessment;
958 Bradley Street (J0302SNOW) - approval of the assessment;
817 Dayton Avenue (J0303A) - approval of the assessment;
994 Earl Street (J0303A) - approval of the assessment;
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1093 Hudson Road (J0303A) - approval of the assessment;
983 James Avenue (J0303A) - approval of the assessment;
604 Jessamine Avenue East (J0303A) - approval of the assessment;
1848 Seventh Street West (J0302SNOW) - approval of the assessment;
659 Western Avenue North (J0302SNOW) - approval of the assessment;
124 Winter Street (J0302SNOW) - approval of the assessment.)
In addition, the City Council took the following action:
422 Jessamine Avenue East (J0303A) (laid over to the July 8, 2003, Legislative Hearing and the July 23,
2003 City Council Meeting)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval
as amended.
Adopted as amended Yeas - 6 Nays - 0 (Benanav not present for vote)
51. Resolution Ratifying Assessment - 03 -632 - In the matter of approving the assessment of benefits,
costs and expenses for the construction of a water service connection in conjunction with the
Knapp /Hillside Area RSVP Project. (File No. 18930WC)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 5 Nays - 0 (Benanav and Coleman not present for vote)
52. Resolution Ratifying Assessment - 03 -633 - In the matter of approving the assessment of benefits,
costs and expenses for the construction of sanitary sewer connections and a storm sewer connection in
conjunction with the Knapp/Hillside Area RSVP Project. (File No. 18930SC)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 5 Nays - 0 (Benanav and Coleman not present for vote)
54. Public hearing to consider the application of David Goldsmith to rezone property from OS -1 (Office
Service) to RT -1 (Two Family Residential) to allow for conversion of a building from commercial -
office to residential at 124 East Page Street.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and to grant
the application.
Motion of Intent - Application granted Yeas - 6 Nays - 0
(Coleman not present for vote)
53 Public hearing to consider the application of Erin Mathern, Mendota Homes, for a preliminary and
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final plat creating ten lots for single family (R -3) development known as Montana Woods at 1537 Fisk
Street (southwest corner of Fisk Street and Hoyt Avenue).
Joel Spoonheim, Department of Planning and Economic Development, presented a staff report. Montana
Woods is a new development taking a previously undeveloped parcel of 1.9 acres which had been a
single family home with a large yard and converting it into 10 single family homes. This is a unique site
to the northeast of Lake Como. Mr. Spoonheim displayed photographs of the site.
Staff from the Office of LIEP and the Department of Planning and Economic Development have worked
on the site plan review and the plat. The application for plat review has numerous conditions and the
conditions required for platting are met. There is concern about applications of some of the wetlands
regulations.
Tom Beach, Office of LISP, stated that the concerns he has heard from neighbors are in regard to water
quality and the effect of this project as the water would go to the sewer which leads directly into Como
Lake. Many neighbors have requested that rain gardens be put in to reduce the amount of runoff The
proposed project includes 3 -4 rain gardens, which are low spots where water can drain into during a rain
storm. Plants in the garden help to clean out the water before it continues on to the sewer. Mr. Beach
said the Watershed District has requested additional measures but the City does not have the authority to
require them. Standards from the MPCA have been used and under those standards, rain gardens would
not be required.
There is an ordinance that governs how fast the water comes off the site and goes to the City's storm
sewers, Beach said. The policy has been that when a Development has an impervious surface (a parking
lot, building roof, etc.) that ordinance would be applied; however, it has never been applied to single
family developments. Councilmember Benanav stated on this side, there have been serious issues with
the storm sewers and they are not able to handle the current water issues. The addition of 10 -11 new
homes will tax the system further. Mr. Beach responded that Public Works staff reviewed this proposal
and had no concerns regarding sewer issues.
Upon question of Councilmember Harris, Mr. Beach responded that there were not specific design
guidelines for what individual homes can look like. The developer has said the houses would have
garages facing the street but also would have front porches. Height has not been addressed.
Mr. Spoonheim stated staff recommendation was for approval with conditions. One condition is that the
plat has to be filed with the County. Additional conditions are that the site plan review process must be
completed with approval from the City. All permits must be received from Public Works for the
construction of a new street. Finally, the City's erosion /sediment control plan be approved by the City.
Councilmember Reiter questioned whether the site plan would come before the City Council and Mr.
Beach replied that site plan is normally handled at the staff level.
Erin Mathern, Mendota Homes, appeared representing the developer of this project, Mendota Homes.
He said that the property was purchased a month ago and they had been looking at it for development
prior to that time. The initial plan included 12 single family homes which fell within the guidelines for
R -3 zoning. In response to neighborhood concerns with regard to runoff, density and traffic, the project
was redesigned to include a through- street with ten single - family homes.
Ms. Mathern stated that even though it was not required for site plan review, runoff calculations had
been made for the development and that information has been shared with the City and the Capital
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Regional Watershed District. A meeting was held with the Watershed District and it was concluded that
the current plans met their guidelines for the property. The rain gardens are planted to help the water
soak into the soil instead of going to the street or into the back yards of the houses. They help to direct
the water to a drainage area, which ends up in a catch basin at the low point of the property and to the
City storm sewers.
With regard to aesthetics, Ms. Mathern said the houses would not look the same. The average price of
these homes will be $300,000 to $400,000. Natural components, such as stone and brick, will be used.
The following people spoke in opposition to the project:
Stan Tead, 802 West Hoyt Avenue, said when the community first became aware of this proposed plan,
there were over 80 residents who signed a petition opposed to the project. There were several concerns
raised including the amount of homes to be placed on the site. Mr. Tead stated that if the calculations of
runoff went against the numbers that have been determined, the risk of the project would be borne by the
residents downhill from this development. The community is not happy with the new proposal as it
currently exists. Residents also have concerns with zoning as the plat indicates it is R -2 but the Council
agenda says that the lots are zoned R -3. There are also neighborhood concerns about runoff as problems
exist with the current storm sewers.
Pat Conrad, Capitol Regional Watershed District, stated that the CRWD was formed 5 -6 years ago out
of residential concerns for areas around Como Lake, Lake McCarrons, and in the general area. One of
the first priorities of the CRWD was to develop a plan for Como Lake. Part of the plan addressed the
need to improve the water quality of Como Lake and a plan to reduce phosphorous in the lake was
implemented.
Another project was to develop review criteria for when developments occur within the Watershed
District. The CRWD has Memorandums of Agreement with the cities of Roseville, Maplewood and
Falcon Heights and preliminary discussions have been held with Saint Paul. For this project, the CRWD
has concerns with rate and volume control and water quality control. The CRWD sent recommendations
to City staff stating that the developer needed to do something on this site to reduce the volume and
improve the water quality before the water would head to Como Lake. The rain gardens do go a long
way towards meeting the CRWD's review criteria. Mr. Conrad encouraged the Council to make it a
requirement of staff to meet the CRWD development review criteria.
David Arbeit, District 10 Environmental Committee, stated many people had participated in the
development of a strategic plan for Como Lake. The work of the Capital Regional Watershed District is
very important to residents near Como Lake. This project may set a precedent for future developments
to treat water before it goes to the lake. The rain gardens were a very important component of the plan.
Although the negotiations with the developer have been positive, there is much more that needs to be
done. All parties need to take another look at this development. District 10 Community Council has sent
a letter to each Councilmember summarizing its official position on this project as well.
Kathy Harmon, stated she lived in the vicinity of this development and she and her husband were
opposed to the development as it was proposed.
Councilmember Reiter moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Reiter stated this was a unique parcel and there is a large neighborhood concern over
this proposal. However, the property has been purchased and most of the requirements of the City have
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been met by the developer. Conditions can be placed on the proposal as far as the concerns raised by the
Capital Regional Watershed District. When the site plan is completed, it should come back to the
Council.
Councilmember Benanav stated that there was legitimate concern with the water runoff in this
neighborhood and it should not be exacerbated due to this development.
Councilmember Lantry said the rain gardens are important but there needed to be assurances on behalf
of the developer to ensure they are maintained by individual property owners. Also, the size of the
homes to the lots needs to be considered as well.
Councilmember Harris said he agreed that the Capital Regional Watershed District should be allowed to
sign off on this and future projects within the district. He felt the number of houses was too high. Also,
design guidelines should be addressed.
Upon question of Councilmember Blakey, Mr. Spoonheim responded that the zoning for this parcel is
R -3. The revised plat reflects this as well. The proposal meets the lot coverage requirements as specified
for R -3. There are no variances necessary for setbacks. Larry Soderholm, Department of Planning and
Economic Development, found that this project also meets the slope requirements of the City. Design
guidelines are currently met by the developer as well. Councilmember Harris clarified that the Council
should see a drawing of the completed project as well saying that they need to ensure that this is in
character with the community.
Mr. Beach stated that site plan review works out the fine details of the plat; however, staff is
comfortable with the plan at this point.
Council President Bostrom clarified that the issue to be worked out with this project were: concerns
raised by the Capitol Regional Watershed District, design of the project when it will be completed, and
for staff to work with the Watershed District and the developer to see if there is a way to come to a
consensus.
Councilmember Reiter moved that staff should work with the community, the developer and the Capitol
Regional Watershed District and report back at the July 2 City Council Meeting.
Councilmember Reiter moved to lay over to one week.
Laid over to July 2Yeas - 7Nays - 0
Councilmember Blakey moved to adjourn the meeting. Yeas - 7 Nays - 0.
ADJOURNED AT 8:35 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Mary Erickson August 13, 2003
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Assistant Council Secretary
CHR
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