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SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, July 16, 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
• Suspension Items
• For Discussion
• Ordinances
The meeting was called to order at 3:35 p.m. by Council President Bostrom
Present - 6 - Benanav, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 1 - Blakey (arrived after roll call)
Councilmember Benanav requested that Items 14, 15 and 16 be removed for discussion.
Councilmember Reiter moved approval of the consent agenda as amended.
Adopted as amended Yeas - 7 Nays - 0
CONSENT AGENDA (Items I -16)
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.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Alvin Hopkins, Diane Hubert, Judith Puncochar, Kandi Roth, and Patrice Shober- Branigan.
Referred to the Risk Management Division
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2. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on July 23, 2003, to consider the application of Mike Kelly to rezone property
from R -4 (one - family residential) to B -2 (community business) at 268 Cleveland Avenue South (at
Berkeley one block south of St. Clair).
3. Letter from the Department of Technology and Management Services/Real Estate Division
announcing a public hearing before the City Council on August 6, 2003, to consider the petition of the
Hiway Federal Credit Union to vacate the City's interest in a portion of Arch Street from Rice Street to
138.76 feet east to develop parking and vehicular movement.
4. Administrative Orders:
D002311 Approving the acceptance of $5,000 from the Wilder Foundation and spending authority for
payment to the Census Bureau.
D002312 Extending the contract time with Schurcon, Inc. for the Wabasha West Streetscape Phase 11
(Downtown 2A) to June 15, 2003,due to additional work added to the project.
D002313 Authorizing payment, not to exceed $2,000, for travel expenses to one non -city employee in
the Saint Paul Police Department to attend a course in Basic Data Recovery and Analysis related to
Internet Crimes Against Children being held in Seattle, Washington.
Noted as on file in the City Clerk's Office
FOR ACTION
5. Approval of minutes of May 28, 2003.
Adopted Yeas - 7 Nays - 0
6. Resolution - 03 -661 - Approving the Memorandum of Understanding between the City of Saint Paul
and Tri- Council, Local 120, Local 49, and Local 132 to establish seniority for employees in the title of
Park Worker - Golf (Seasonal). (Laid over from July 9 for adoption)
Adopted Yeas - 7 Nays - 0
7. Resolution - 03 -675 - Memorializing City Council action taken January 17 8, 2003, upholding a
decision of the TISH Board concerning adverse action against the TISH license held by Ronald Staeheli.
Laid over to August 6 Yeas - 7 Nays - 0
8. Resolution - 03 -676 - Approving the decision of the Legislative Hearing Officer on an Appeal of a
Correction Notice for 880 Juno Avenue.
Adopted Yeas - 7 Nays - 0
9. Resolution - 03 -677 - Commending the SteppingStone Theatre for the leadership role it plays in the
arts community and requesting staff from the Department of Planning and Economic Development to
work with SteppingStone in their search for a new performance, rehearsal and classroom space, with
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updates given to the City Council, the first of which will be Wednesday, October 1, 2003.
Adopted Yeas - 7 Nays - 0
10. Resolution - 03 -678 - Accepting a deed from the State of Minnesota for real estate, which it had
acquired for trunk highway purposes, and to file the deed with Ramsey County.
Adopted Yeas - 7 Nays - 0
11. Resolution - 03 -679 - Approving the 2003 Neighborhood STAR Small Grant Program.
Adopted Yeas - 7 Nays - 0
12. Resolution - 03 -680 - Authorizing the proper City officials to enter into an agreement with the
Ramsey County Regional Railroad Authority for permanent easements needed for construction of
Phalen Boulevard.
Adopted Yeas - 7 Nays - 0
13. Resolution - 03 -681 - Approving a Routine Maintenance Agreement between the City of Saint Paul
and the State of Minnesota effective July 1, 2003 to June 30, 2005 detailing the terms and limits of City
force participation toward the routine maintenance of the Trunk Highway System within the city limits
of Saint Paul.
Adopted Yeas - 7 Nays - 0
14. ( Discussed after the consent agenda.
15. ( Discussed after the consent agenda.
16. ( Discussed after the consent agenda.
14. Resolution - 03 -682 - Approving the adjusted mid -year 2003 budget.
15. Resolution - 03 -683 - Approving Round 1 of the Local Government Aid adjusted mid -year 2003
budget.
Councilmember Benanav stated that he understood that the Heritage Preservation Commission (HPC)
budget and staff had been cut. He had been informed that there wasn't adequate staffing to cover zoning
issues and requested an explanation.
Janeen Rosas, Director of the Office of LISP, appeared and stated that the HPC had two staff positions,
one was a historic preservation specialist who was currently on maternity leave. There was a temporary
staff person assigned to her duties until her return. There was also an intern assigned to HPC duties. It
appeared that there was enough money in the budget that there would be funding for three staff for some
period of time.
Councilmember Coleman stated that there was discussion as to the limitations that had been placed on
staff which were determined from the source of funds to pay for the position. In the budget process, it
was never delineated that licensing fees were going to pay for this position. If HPC staff was only
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allowed to perform licensing review, it eliminated the historic preservation function in the city.
Ms. Rosas stated that the entire LISP budget came from licensing fees with the exception of Animal
Control which was funded through the general fund. The historic preservation function was funded
through building permits fees. It was the legal opinion of the City Attorney that it was not appropriate to
spend money that was collected from residents paying building permit fees to do designation work on
additional outside properties beyond those that are being constructed.
Councilmember Coleman stated that if this was the restrictions that were being placed on HPC staff then
essentially this function was eliminated. The Historic Preservation Commission and the work of the
director of the commission needed to be broader than reviewing what type of windows may be installed
in a building. Contentious issues had risen in the past because HPC staff was not allowed to take a
proactive stance with respect to designation of historic properties. He suggested a budget amendment
that would change the manner in which this position was funded.
Councilmember Lantry stated that this was a policy decision on what HPC staff should be doing. If there
was a change in state law that restricted the duties of staff, it should have been brought to the attention
of the Council. She suggested that this position should be funded through the general fund so that there
was flexibility in the performance of HPC staff. This issue was brought to her attention when an HPC
staff person had been assigned to work on the Hamm redevelopment study in her area and then was told
that he was not allowed to perform this duty.
Councilmember Benanav moved to lay over for one week.
Laid over to July 23 Yeas - 7 Nays - 0
Suspension Item:
Katie Krile, Council Research Policy Analyst, was recognized as she departs the city after two years of
service.
16. Resolution - 03 -684 - Relating to the construction and financing of a new Fire Station No. 8,
Department of Fire and Safety Services.
Matt Smith, Director of Financial Services, appeared and stated that this was the initial step to construct
and finance a new fire station Number 8. It requests that the Port Authority and the state design the new
station that would be co- located within the new state human services facility in the parking ramp
complex. The current site would then be redeveloped for other uses.
Councilmember Harris stated that the normal capital improvement process debt service was a 10 -year
period. What was being proposed was a 25 year period which will be a considerable increase in interest
costs. He suggested an acceleration clause be included in the finance plan for possibly 15 years.
Councilmember Benanav stated that he was reluctant to move forward with this proposal. In addition to
the proposal for a new fire station, there was a proposal to build a new facility in Energy Park for three
city departments. The combined debt service on both of the facilities would be approximately $600,000
to $700,000 per year. The current Public Safety Building, which had no debt service, should be
considered for the three city departments, as well as the fire station, rather than building two new
buildings. It was his opinion that the current location could be modified and updated to accommodate
his proposal.
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Councilmember Blakey said he had concerns on the planning process for this proposal. He did not see
the need for a new fire station. He questioned whether an appraisal had been done on the building and if
the building would be reused. He had heard rumors that Ramsey County was going to take over the
building or it was going to be razed and a private developer would redevelop the site.
Mr. Smith responded that the Mayor's vision was that the facility would be razed and redeveloped for
private, taxable development. It was not determined whether it would be used for commercial, housing,
or office space. They were in the process of looking for a private, independent appraiser to conduct an
appraisal on the building.
Councilmember Blakey stated that he would not support the proposal as it lacked the details for the
process on the demise of the building.
Councilmember Lantry stated that she did not support the proposal as the fire department did not have to
pay rent for their current location. The debt service payments of $315,000 per year would come from the
fire department budget which effectively eliminated four and one -half firefighters. She believed that
moving the three other city departments and the fire department into the Public Safety Building was a
good idea.
Councilmember Coleman stated that he believed the whole planning process was not well thought out.
He was also opposed to the funding for the design coming from the funds that were supposed to be set
aside for a new combined station for 10 and 1. He had not supported the move of the police department
to the Griffin Building as he could foresee the fire department remaining in it's current location as being
an issue. He would not support the proposal.
Councilmember Benanav stated that this was not the first time the Council was instructed that they had
to act on an issue immediately and he questioned why the proposal was not presented earlier.
Bill Morin, St. Paul Port Authority, appeared and stated that delay of this agreement would cause the
state to be in default of their financing agreement with the Port Authority if the parking ramp facility is
not occupied by December, 2005. The design of the office building and parking ramp needed to be in
place now. They needed the commitment of
the city as to whether the fire station would be located in the parking ramp as it affected the design of
the facility.
Councilmember Lantry questioned when the proposal came forward to move fire station 8 into the new
state building's parking ramp.
Al Bataglia, Acting Chief, Fire Department, appeared and stated that the issue arose when the decision
was made to move the police department to the Griffin Building. The building was occupied by fire
administration, fire prevention and the companies and crews of Station 8. The building was large and in
need of repair which were not being made because of the impending move. The building was not
adequate for movement of the large fire vehicles. He stated that Station 10 was one of the oldest
buildings in the city and was in need of replacement. The downtown service needed to be expanded as it
one of the busiest companies and they were considering expanding their fleet of response vehicles.
Councilmember Harris questioned the marketability of the building if the fire department were to remain
at its current location.
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Mr. Morin stated that it was questionable whether a developer would be willing to purchase the property
and market it for office space. It was his opinion that the site would be most suitable for housing.
Councilmember Coleman stated that the trade off between making this a taxable property and the debt
service would not make it profitable for the city. He believed that the building should be rehabed and
reused as opposed to demolition.
Councilmember Blakey moved approval
Failed Yeas - 3 Nays - 4 (Benanav, Blakey, Coleman, Lantry)
FOR DISCUSSION
17. Appeal of Julia Althoff, on behalf of Anthony Garofalo, to a Notice of Condemnation Order to
vacate property at 756 Juno Avenue. (Laid over from July 9) (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, appeared and stated that there had been no changes on
the status of this property and she recommended denying the appeal.
Councilmember Coleman moved to deny the appeal.
Appeal Denied Yeas - 7 Nays - 0
(Benanav and Harris left the meeting)
18. Report from the Office of License, Inspections and Environmental Protection (LISP) on the Citizen's
Advisory Committee report summarizing their findings, conclusions and recommendations of LIEP's
practices and procedures (including LIEP's timeliness for written policies, corrective orders and
citations, gambling, and ethics and conflict of interest policies). Also, a report will be provided whether
AMANDA has the capability to include parameters and if it has a second technological level to target
high activity properties. (Reports requested by the Council on February 19) (Laid over from May 21)
A report was presented by Janeen Rosas, Director of LISP. She stated that the LIEP Citizens Advisory
Committee conducted interviews with over 35 people on review of the LISP office. The committee
recommended 17 changes in the way that LIEP conducted its business operations. Many of the
recommendations had been implemented. The items that were still being discussed were the policy and
procedures for writing citations and the process for certification and competency of trade staff. Another
issue was long -term non- compliance offenders.
Council President Bostrom questioned the timeline for the completion of the recommendations. Ms.
Rosas responded that they should be completed within six months.
(Benanav returned)
Councilmember Lantry requested that Ms. Rosas continue to provide written progress reports to the
Council on the recommendations made by the LIEP Citizens Advisory Committee.
19. Report from the Office of License, Inspections and Environmental Protection (LISP) concerning the
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Animal Control Center and how new staffing levels are affecting services, the hours of operation at the
pound, and services that are no longer provided concerning the capture of wild animals. (Report
requested by the Council on July 2)
Janeen Rosas, Director of LISP, presented a report and said that there were two fewer staff members
working in Animal Control as a result of a lay off and a retirement. One clerical employee was also laid
off rather than an Animal Control Officer because the Officer was more flexible in his duties. The pay
differential was very minimal between the two positions. She presented a proposed revised schedule for
operations which would increase the hours of service and there would be less staff coverage. The
number of emergency calls per month averaged approximately four to five. As for staff availability, they
were on call 24 hours per day. The amount of overtime for the past year was approximately $6,700. The
first priority in calls for service were for dangerous dogs or threatening dogs. They had not experienced
any increase in the number of calls for dogs running at large. Sewer baiting was also another function
performed by Animal Control, however, there was not a dedicated employee for this position. Animal
Control did not continue to respond to calls for wild animals, only if they were threatening or posing a
danger to people. This would be in cases where animals appeared to be rabid or when they have gotten
into a residence and were then endangering people. She had been advised that the racoon population did
not appear to have any rabies, however, it did appear that rabies was present in skunks. The removal of
other pest animals was now being referred to private pest control companies. It was her opinion that
80% of pest control issues were related to the behavior of people, therefore, it should be their
responsibility for removal of the pests. Racoons are nocturnal and generally shy away from people. If a
resident was having problems with racoons it was generally because they did not have a secure garbage
can or had other food sources available.
(Harris returned)
Council President Bostrom stated that the capture of wild animals was a major concern and he believed
it should continue to be the city's responsibility to pick up racoons and other wild animals. He did not
believe it should be the responsibility of citizens to have to pay private pest control companies to
remove wild animals.
Councilmember Coleman suggested that possibly an assessment could be enacted for removal of wild
animals to contain costs and possibly maintain staffing levels.
Councilmember Lantry questioned how many officers were actually doing animal control work since
clerical staff had been laid off. Ms. Rosas stated that there was one clerical staff person working in
addition to two employees who cleaned cages and euthanized animals.
The City Council requested that a proposal to maintain the capture of wild animals by Animal Control
be presented at the August 6 Council meeting.
Yeas - 7Nays - 0
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
20. Final Adoption - 03 -468 - An ordinance finalizing City Council action approving the application of
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Benjamin Commons Associates to rezone property from B -3 to RT -2 to allow the Selby Grotto
Development project to proceed and new garages to be built for the Benjamin Commons Condo
Association at 761 Selby Avenue.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
21. Final Adoption - 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.
Councilmember Reiter moved approval.
Adopted Yeas - 7 Nays - 0
22. Second Reading - 03 -673 - An ordinance amending interim ordinance C.F. 01 -648, adopted
November 20, 2000, approving an exemption from the Arcade moratorium for the Hmong American
Partnership's new building located at 1075 Arcade Street.
Laid over July 23 for third reading /public hearing
23. First Reading - 03 -685 - An ordinance amending Chapter 9 of the Saint Paul Administrative Code to
be in accordance with Chapter 12 of the Saint Paul City Charter regarding the Department of Fire and
Safety Services.
Laid over to July 23 for second reading
24. First Reading - 03 -686 - An ordinance amending Chapter 55 of the Saint Paul Legislative Code
adopting the new Minnesota State Fire Code with certain amendments to address omissions in the State's
new fire code regarding overcrowding, fire watch and standards of care.
Laid over to July 23 for second reading
25. First Reading - 03 -687 - An ordinance amending Chapter 410 to permit sale of on -sale 3.2 malt
liquor until 2:00 a.m. by those establishments which have obtained a permit from the state.
Laid over to July 23 for second reading
Councilmember Lantry moved to adjourn the meeting. Yeas - 7 Nays - 0.
ADJOURNED AT 5:15 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Mary Erickson August 13, 2003
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Assistant Council Secretary
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