Approved Minutes 7-2-2003Page 1 of 10
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, July 2, 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
• For Discussion
• Ordinances
• Suspension Items
• Public Hearings
The meeting was called to order at 3:35 p.m. by Council President Bostrom
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items I - 21)
NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE
MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS
DESIRED BY A COUNCIL,MEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
Councilmember Blakey moved approval of the consent agenda
Adopted Yeas - 7 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Robert Lewis, Ben Belyea, Ron Hjelseth, Ed Lavigne, Darlene Lurks, and Jerilynn Hanson.
2. Plaintiffs Response to Effendis' Motion to Intervene in the matter of Mark Voerding, et. al. vs. The
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City of Saint Paul.
3. Administrative Orders:
D002308 Authorizing payment, not to exceed $10,000.00, to the new Fire Chief, Douglas Holton, as
reimbursement for relocation expenses for his move from Milwaukee, WI to Saint Paul, MN.
D002309 Authorizing payment, not to exceed $3,000.00, to Public Art Saint Paul, for expenses incurred
for the Western Park planning, grand administration, and community outreach services performed in
installing ornamental lighting in Western Park.
FOR ACTION
4. Resolution - 03 -638 - Approving the Memorandums of Agreement between I.S.D. No. 625 and
Bricklayers & Allied Craftworkers Local No. 1 of MN; International Union of Painters and Allied
Trades District Council 82; Lakes and Plains Regional Council of Carpenters and Joiners; and
Minnesota Cement Masons, Plasters and Shophands, Local 633 to establish terms and conditions of
Employment for 2003 -2004. (To be laid over one week for adoption)
Laid over to July 9 for final adoption
5. Resolution - 03 -639 - Approving the Memorandum of Agreement between the Operative Plasterers
and Cement Masons International Association, Local 4633 for the 2003 Wage and Fringe Adjustment.
(To be laid over one week for adoption)
Laid over to July 9 for final adoption
6. Resolution - 03 -640 - Concerning adverse action against the licenses held by Maryland Amoco, Inc.
d/b /a Maryland Amoco located at 1200 White Bear Avenue North.
Adopted Yeas - 7 Nays - 0
7. 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 from June
25)
Adopted Yeas - 7 Nays - 0
8. Resolution - 03 -641 - Approving the decision of the Legislative Hearing Office on a request for a
fence variance at 23 Isabel Street West.
Adopted Yeas - 7 Nays - 0
9. Resolution - 03 -642 - Authorizing the Division of Parks and Recreation to enter into an agreement
with the Amherst H. Wilder Foundation to receive $5,000 each from the Weed and Seed grant at the
Martin Luther King and Jimmy Lee Recreation Centers for after school programs.
Adopted Yeas - 7 Nays - 0
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10. Resolution - 03 -643 - Establishing a 2003 financing and spending plan for Police Department
services to the Amherst H. Wilder Foundation for zero tolerance patrols at the Summit University Weed
and Seed site.
Adopted Yeas - 7 Nays - 0
11. Resolution - 03 -644 - Authorizing the Police Department to enter into an agreement with
Independent School District 4625 to continue to provide traffic and pedestrian control and stadium
security at high school football games for the 2003 -2004 season.
Adopted Yeas - 7 Nays - 0
12. Resolution - 03 -645 - Authorizing the proper City officials to proceed with the development of an
upgraded radio communication system and to work toward a consolidated Emergency Communication
Center between Ramsey County and the City of Saint Paul.
Bill Dean, Director of the Metropolitan Radio Board, made a brief presentation to the Council.
Adopted Yeas - 7 Nays - 0
13. Resolution - 03 -646 - Authorizing the proper City officials to execute agreements with the
Metropolitan Council to implement a new Capital Improvement project for reconstruction of the trails
around Lake Phalen.
Adopted Yeas - 7 Nays - 0
14. Resolution - 03 -647 - Authorizing the proper City officials to execute agreements with the
Metropolitan Council to implement a new Capital Improvement project for construction of a Harriet
Island /Lilydale parking lot and to revet 400 lineal feet of the Mississippi River shoreline.
Adopted Yeas - 7 Nays - 0
15. Resolution - 03 -648 - Amending the 2003 Capital Improvement Budget for construction of a Skate
Park in Merriam Park.
Adopted Yeas - 7 Nays - 0
16. Resolution - 03 -649 - Amending the 2002 Capital Improvement Budget for renovation of the
Edgcumbe Play Area.
Adopted Yeas - 7 Nays - 0
17. Resolution - 03 -650 - Amending the 2002 Capital Improvement Budget for the Shepard Road Trail
project, and authorizing the Division of Parks and Recreation to enter into an agreement with Centex,
which agreement includes an indemnification clause, to allow storage of surcharge material in the
Samuel H. Morgan Trail corridor.
Adopted Yeas - 7 Nays - 0
18. Resolution Approving Assessment - 03 -651 - In the matter of the assessment of benefits, cost and
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expenses for the Seventh Place Mall operation and maintenance costs for 2002 and setting public
hearing date for August 27, 2003. (File Nos. 18428 -2002)
Adopted Yeas - 7 Nays - 0
19. Preliminary Order - 03 -652 - in the matter of the operation and maintenance costs for the Seventh
Place Mall for 2003, and setting public hearing date for August 27, 2003. (File No. 18428 -2003)
Adopted Yeas - 7 Nays - 0
20. Preliminary Order - 03 -653 - In the matter of the operation and maintenance costs for the
Arcade /Case and the Grand /Snelling parking lots for 2004, and setting date of public hearing for August
27, 2003. (File Nos. 18744 and 18746)
Adopted Yeas - 7 Nays - 0
21. Resolution Approving Assessment - 03 -654 - In the matter of the assessment of benefits, cost and
expenses for the Arcade /Case and the Grand /Snelling parking lots operation and maintenance costs for
2004 and setting public hearing date for August 27, 2003. (File Nos. 18744 and 18746)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
22. Consider the application of Mendota Homes, Inc. to rezone property from B -2 to RM -2 to be
consistent with the 11 -unit resident structure being built at 1071 South Cleveland Avenue. (Public
hearing held on June 4) (Laid over from June 18)
Councilmember Harris moved approval.
Motion of Intent - Application Granted Yeas - 7 Nays - 0
23. Consider the application of Erin Mathern, Mendota Homes, for a preliminary and 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). (Laid over from June 25)
Tom Beach, Office of License, Inspections and Environmental Protection (LISP), appeared and stated
that staff met with the neighbors, the watershed district and the developer to come to an agreement on
the storm water. Neighbors discussed their concern with previous flooding problems and the possibility
that the new development could make this a larger problem. The main issue was how this development
would affect the water quality of the storm water going into Como Lake. The city storm sewers were
built to handle water from a five year flood. They tried to perceive how much additional rain water this
development would contribute to the low area at Hoyt and Victoria. It was determined that there would
be approximately a three percent increase to storm water going into the sewers which he did not believe
was a significant issue. The other issue was rate control of water coming off a property. Public Works
does not require this for single family developments; only for commercial developments. The developer
had agreed to put in rain gardens in the development which should address the problem with excess rain
water. Staff believed that this would be adequate to address the water quality issue.
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Joel Spoonheim, PED, appeared and presented a map of the proposed development.
Councilmember Coleman questioned whether there had been agreement on who would be responsible
for maintaining the rain gardens.
Mr. Beach responded that they were considering requiring an easement so that the rain gardens could
not be filled in by a property owner. As for maintenance, they were considering possible covenants, that
would require certain plantings, in the site plan review process.
Councilmember Reiter moved approval and requested that staff present the site plan for review and
approval by the City Council when the plan has been submitted.
Motion of Intent - Application Granted Yeas - 5Nays - 2 (Benanav, 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.
24. Final Adoption - 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.
Councilmember Lantry stated that the issue was not the closing time but the behavior of bar patrons at
specific bars. She suggested that the Minnesota Licensed Beverage Association possibly could assist in
coordinating efforts with problem neighborhood establishments. It was her opinion that city departments
were not coordinating their efforts in addressing the issues with the problem bars and that this should be
a function of the Office of LIEP when a license comes up for renewal.
Councilmember Reiter said he agreed that problem bars are irrelevant to the time of closing. He,
however, disagreed that city departments were not coordinating efforts to address problems with certain
bars.
Councilmember Blakey stated that he believed the city needed to "keep up with the Joneses" with
surrounding communities, such as Minneapolis, or the city would lose important tourism opportunities.
He supported the ordinance.
Councilmember Coleman questioned whether LISP was in need of additional staff to address these
issues and whether this would be a budgetary issue.
Janeen Rosas, Director of LIEP appeared and stated that she did not anticipate any additional costs
associated with the later closing hour. She stated that her office would evaluate the later closing time
over the year to determine whether there were additional associated costs.
Councilmember Benanav stated that perhaps LIEP should consider raising fees as it was his
understanding that they have not been raised in over five years. He believed that the costs for
enforcement had increased and the city should be compensated accordingly.
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Councilmember Harris stated that he appreciated that the Minnesota Licensed Beverage Association was
doing a great job in addressing problem bars.
Councilmember Reiter moved approval.
Adopted Yeas - 7 Nays - 0
25. Final Adoption - 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.
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
26. Second Reading - 03 -468 - An ordinance finalizing City Council action approving the application of
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. (Public hearing held on March 26) (Laid over from June 11 for
second reading)
Laid over to July 23 for third reading /public hearing
27. Second 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 23 for third reading /public hearing
Suspension Items:
Councilmember Reiter moved suspension of the rules and approval of the following resolution:
Resolution - 03- 659- Authorizing the Office of Marketing and Promotions to accept a donation from the
Saint Paul Saints organization of hot dogs, hamburgers, brats and buns, with a monetary value of
$230.00, for use by employees of the Division of Parks and Recreation for the Hmong Soccer Festival,
held July 4 and 5, 2003, at McMurray Fields.
Adopted Yeas - 7 Nays - 0
Councilmember Blakey moved suspension of the rules and approval of the following resolution:
Resolution - 03- 660 Approving funding for Cycle 9 (2003) of the Cultural Star Program for a grant of
$9,000 to the Chinese Dance Theater and waiving the program requirement that 25 percent of funds be
distributed as loans.
Adopted Yeas - 7 Nays - 0
Councilmember Lantry requested the Office of License, Inspections and Environmental Protection to
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provide a report at the July 16, 2003 City Council meeting concerning the 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.
The meeting was recessed from 4:20 to 5:35 p.m.
Roll Call: 7 - Present Absent - 0
PUBLIC HEARINGS
28. Third Reading - 03 -595 - An ordinance 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.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing. Yeas - 7
Nays - 0
Laid over to July 9 for final adoption
29. Resolution - 03 -556 - Approving the application of Jim Runyon, Development Associate
representing Cretin - Derham Hall High School, 550 Albert Street, for a sound level variance on July 19,
2003, to allow live band amplified music at Cretin - Derham Hall in the outdoor courtyard from 7:00 p.m.
to 11:30 p.m.
Bill Gunther, Office of LISP, appeared and stated that the application had the same conditions that were
placed on it the previous year. There were no complaints from the neighbors.
No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
30. Appeal of Bruce Hein to a Notice of Condemnation and Order to Vacate property at 1096 East
Lawson Avenue. (Legislative Hearing Officer recommends denying the appeal)
Greg Blees, Council Research Director, presented a report on behalf of Marcia Moermond, the
Legislative Hearing Officer. The appellant did not appear at the Legislative Hearing on June 23, 2003
and the appeal was denied.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and denial of
the appeal.
Appeal denied (per the recommendation of the Legislative Hearing Officer).
Yeas - 7 Nays - 0
31. Appeal of Arno Kamer to a Summary Abatement Order for property at 627 Palace Avenue.
(Legislative Hearing Officer recommends denying the appeal)
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Greg Blees, Council Research Director, presented a report on behalf of Marcia Moermond, the
Legislative Hearing Officer. Mr. Kamer attended the Legislative Hearing and stated that he did not want
to clean up his yard because of the effects of chemical pollution associated by the Ethanol Plant. The
Legislative Hearing Officer recommended denying the appeal.
Amo Kamer, 627 Palace Avenue, appeared and stated that Gopher State Ethanol (GSE) was continuing
to make him sick in his home. He was allowing his yard to become prairie garden which would require
no maintenance because of the pollution caused by GSE. He presented documents concerning his
findings against GSE. He believed that if the city wanted him to maintain his yard, GSE or the city
should maintain it. He also complained about the noise pollution created by GSE.
Councilmember Coleman moved to close the public hearing and denial of the appeal.
Appeal denied (per the recommendation of the Legislative Hearing Officer).
Yeas - 7 Nays - 0
32. Appeal of Dennis Wier to a Notice of Condemnation and Order to Vacate property at 214 West King
Street. (Legislative Hearing Officer recommends denying the appeal)
Greg Blees, Council Research Director, presented a report on behalf of Marcia Moermond, the
Legislative Hearing Officer. The Legislative Hearing was held June 23, 2003 and the appellant did not
appear. All utilities to the property had been disconnected for nonpayment by the owner. City inspectors
deemed the property to be a gross unsanitary condition.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and denial
of the appeal.
Appeal denied (per the recommendation of the Legislative Hearing Officer).
Yeas - 7 Nays - 0
33. Resolution - 03 -557 - Ordering the owner to remove or repair the building at 794 Dayton Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends that the
building be removed or repaired in 30 days)
Greg Blees, Council Research Director, presented a report on behalf of Marcia Moermond, the
Legislative Hearing Officer. The Legislative Hearing was held on June 23, 2003. The owner of the
property had agreed to demolish the building himself. The property owner requested he be allowed 30
days to demo the property as opposed to the 15 day recommendation. The Hearing Officer
recommended a 30 day delay.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and approval
as amended.
Adopted as amended Yeas - 7 Nays - 0
34. Resolution Ratifying Assessment - 03 -558 - In the matter of the assessment of benefits, cost and
expenses for summary abatements (property clean -up) during the month of February, 2003, for property
at 1004 Bush Avenue (J0203AA) (Laid over from June 4, 2003) (Legislative Hearing Officer
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recommends laying over to the July 8, 2003 Legislative Hearing and the July 23, 2003, City Council
Meeting)
Greg Blees, Council Research Director, presented a report on behalf of Marcia Moermond, the
Legislative Hearing Officer. The property owner was unable to attend the scheduled Legislative Hearing
and the Hearing Officer agreed to hear the matter on July 8, 2003.
Councilmember Lantry recommended laying this matter over to the July 8, 2003 Legislative Hearing
and the July 23, 2003, City Council meeting per the recommendation of the Legislative Hearing Officer.
Laid over to July 23 Yeas - 7 Nays - 0
35. Resolution Ratifying Assessment - 03 -559 - In the matter of the assessment of benefits, cost and
expenses for summary abatements (property clean -up) during the month of March 2003 for property at
1237 Matilda Street. (Legislative Hearing Officer recommends the City divide the total assessment of
$288 over a five year time period allowing the owner to pay in installments)
Greg Blees, Council Research Director, presented a report on behalf of Marcia Moermond, the
Legislative Hearing Officer. The property owner attended the Legislative Hearing on June 23 and it was
determined that the city had cleaned up the property. The property owner indicated that there was a
financial hardship in the ability to pay the total assessment and requested that the payment of $288 be
spread in five equal installments over a five year period. The Hearing Officer agreed.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval
as amended.
Adopted as amended (per the recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
36. Final Order - 03 -560 - In the matter of sidewalk reconstruction and /or new construction from the
South Side of East Fourth Street from Wacouta Street to Wall Street at 270 East Fourth Street only. (File
No. 503003)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
Councilmember Lantry moved to adjourn the meeting. Yeas - 7 Nays - 0.
ADJOURNED AT 5:50 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Mary Erickson August 13, 2003
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Assistant Council Secretary
vms
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