Approved Minutes 7-9-2003Page 1 of 8
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, July 9, 2003 - 3:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
. Ordinances
The meeting was called to order at 3:40 p.m. by Council President Bostrom
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items I - 31)
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.
A change was made to the hearing date pertaining to Item 48 as noted.
Councilmember Harris requested Item 21 be removed for discussion
Councilmember Coleman requested Item 29 be removed for introduction of a substitute resolution.
Councilmember Blakey moved approval of the consent agenda as amended.
Adopted as amended Yeas - 7 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of David Abel, and Qwest Communications.
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Referred to the Risk Management Division
2. Summons and Complaint in the matter of Clear Channel Outdoor, Inc., vs. the City of Saint Paul.
Referred to the City Attorney's Office
3. Letter from the Minnesota Pollution Control Agency containing a public notice regarding the
modification of a Solid Waste Facility Permit for Vasko Solid Waste, Inc., dba Vasko Recycling Facility
and Transfer Station, 309 Como Avenue, to allow the permitee to accept a combined maximum of
218,400 tons per year of municipal solid waste and construction and demolition debris.
4. Petition and Notice of Hearing in Condemnation and Motion for Transfer of Title and Possession in
the matter of the City of Saint Paul v. David Beaudet et al (252 Lexington Parkway)
5. Petition and Notice of Hearing in Condemnation and Motion for Transfer of Title and Possession in
the matter of the City of Saint Paul v. David Beaudet et al (1094 Iglehart Avenue)
6. Petition and Notice of Hearing in Condemnation and Motion for Transfer of Title and Possession in
the matter of the City of Saint Paul v. David Beaudet et al (Northeast corner of Marshall Avenue and
Lexington Parkway)
7. Petition and Notice of Hearing in Condemnation and Motion for Transfer of Title and Possession in
the matter of the City of Saint Paul v. David Beaudet et al (1072 Iglehart Avenue)
8. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on July 10, 2003, 9:30 a.m., Room 41, August 7, 2003, 10:00 a.m., Room 42, St. Paul City Hall, 15 W.
Kellogg Blvd., concerning the license application by Mai Yia Lee, d/b /a Samosone Restaurant, 1177
Clarence Street.
9. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
July 23, 2003, concerning the report of the Administrative Law Judge concerning all licenses held by
Cab's Pub & Eatery, Inc., 992 Arcade Street.
10. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
July 23, 2003 to consider the report of the Administrative Law Judge regarding the renewal application
for a Saint Paul Taxicab Driver's License by James P. Rejsa.
11. 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 Eastside Neighborhood
Development Co. and Mary Morelli to rezone property from RT -1 (Two Family Residential District) to
B -2 (Community Business District) to permit retail uses, offices and residential uses at 565 and 573
Payne Avenue, northwest corner of Hopkins Street.
12. 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 Thomas DeLisle to rezone
property from OS -1 (Local Office Service District) to B -1 (Local Business District) to permit a
grocery /deli and residential units at 1236 East 7th Street, southwest corner of Atlantic Street.
13. 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 application of Steve Cerkvenik, Irish
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Fair of Minnesota, for a sound level variance to allow outdoor amplified acoustic music on the Great
Stairs and the Target Stage at Harriet Island Park, 157 Water Street West, on August 8, 2003 from 5:00
p.m. to 11:00 p.m., August 9, 2003 from 10:00 a.m. to 11:00 p.m., and August 10, 2003 from 11:00 a.m.
to 8:00 P.M.
14. Letters from the Citizen Service Office /Division of Property Code Enforcement declaring 487 Bay
Street, 573 Edmund Avenue, and 1956 Feronia Avenue as nuisance properties. (For notification
purposes only; public hearings will be scheduled at a later date if necessary.)
15. Letters from the Citizen Service Office /Division of Property Code Enforcement declaring 512
Beaumont Street and 495 Curtice Street East as nuisance properties and setting date of Legislative
Hearings for July 22, 2003 and City Council hearings for August 6, 2003.
16. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on August 6, 2003 to consider the Harriet Island /District del Sol Final Concept
Plan.
17. Administrative Order:
D002310 Authorizing the Division of Parks and Recreation to accept contributions to be used towards
the service of providing portable toilets.
Noted as on file in the City Clerk's Office
FOR ACTION
18. 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. (Laid over from July 2 for final adoption)
Adopted Yeas - 7 Nays - 0
19. 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.
(Laid over from July 2 for final adoption)
Adopted Yeas - 7 Nays - 0
20. 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). (To be laid over one week for adoption)
Laid over to July 16 for adoption Yeas - 7 Nays - 0
21. ( Discussed after the consent agenda
22. Resolution - 03 -663 - Authorizing the Police Department to enter into an agreement with the State of
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Minnesota in order to provide ordnance disposal services to other municipalities within the State of
Minnesota from July 1, 2003, through June 30, 2003.
Adopted Yeas - 7 Nays - 0
23. Resolution - 03 -664 - Authorizing the proper City officials to purchase 1079 Marshall Avenue for
the redevelopment of the Jimmy Lee Recreation Center.
Adopted Yeas - 7 Nays - 0
24. Resolution - 03 -665 - Establishing a spending and financing plan for the Division of Parks and
Recreation to administer a grant for "Rock the Arts" program at Baker Recreation Center.
Adopted Yeas - 7 Nays - 0
25. Resolution - 03 -666 - Authorizing the Department of Fire and Safety Services to accept $10,000
from the State of Minnesota for the 2002 Domestic Preparedness Equipment and Training Grant.
Adopted Yeas - 7 Nays - 0
26. Resolution - 03 -667 - Authorizing the Department of Fire and Safety Services to conduct various
training exercises on property at 766 Hall Avenue.
Adopted Yeas - 7 Nays - 0
27. Resolution - 03 -668 - Amending and /or closing the spending and financing plans for various Capital
Improvement Project accounts.
Adopted Yeas - 7 Nays - 0
28. Resolution - 03 -669 - Amending the financing and spending plans of the TH 280 Ramp and
Kasota/Energy Park Signal and amending the 2003 MSA Contingency.
Adopted Yeas - 7 Nays - 0
29. ( Discussed after the consent agenda.
30. Preliminary Order - 03 -671 - In the matter of the construction of a public water main and service
connection in Bush Avenue from Germain Street to approximately 120 feet west of Germain Street for
1575 Bush Avenue, and setting date of public hearing for August 27, 2003. (File No. 18991)
Adopted Yeas - 7 Nays - 0
31. Resolution Approving Assessment - 03 -672 - In the matter of the assessment of benefits, costs, and
expenses for construction of a water service connection, as requested by the property owner at 1922
Wilson Avenue, in conjunction with the Fifth /Kennard RSVP, and setting date of public hearing for
August 27, 2003. (File No. 18935CW)
Adopted Yeas - 7 Nays - 0
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21. Resolution - 03 -662 - Approving an updated investment policy to implement comprehensive
guidelines for investment activity.
Councilmember Harris explained that several staff members put a lot of work into this particular policy
and it is an important thing for communities to do. This is the first time that the City Council has voted
on a set investment policy for how the City of Saint Paul manages funds. Bond raters recommend that
cities that are in good financial health approve an investment policy. Extensions have been made in this
policy that are more stringent than Minnesota State statutes governing public investments.
Councilmember Harris thanked Barb Maynard, Office of Financial Services /Division of Treasury, Matt
Smith, Director of the Office of Financial Services, and Diana Shutter, the consultant on this project.
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
29. Resolution - 03 -670 - Approving the release of utility easements in Lots 1 through 5, Concord
Terrace Plant No. 1.
Councilmember Coleman introduced a substitute resolution and moved approval.
Substitute adopted Yeas - 7 Nays - 0
FOR DISCUSSION
32. Administrative Orders:
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 a
part 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. (Laid over from June
25)
Dennis Flaherty, Deputy Mayor, stated that after the State Legislature passed the conceal and carry law,
the new law was reviewed as to what impact it would have in the workplace for the City. Since 1985, a
state law has existed that states in any municipality, no one other than a peace officer may carry a pistol
while in the performance of duties. The City Attorney's Office did not feel that law was encompassing
enough to handle the concerns about those with permits carrying weapons onto the job. Since that time,
there has been some concern raised regarding employees who use their vehicle for City business. While
those concerns were considered, it was still decided that employees should not have access to any type
of firearms while working. If an employee has a permit to carry, and if it is left in their vehicle, it is up
to the individual; however, once their shift as an employee begins, the City will not condone firearms.
Mr. Flaherty stated that the last sentence of the policy has been changed to read "Violation of this policy
may result in disciplinary action."
Mr. Flaherty also addressed the gambling policy. Since the Charter states that City business shall be
done on City time, the policy was made that an employee should not spend any of their paid time on
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gambling. A change would be made that other forms of lawful gambling may be conducted with the
permission of a department director. Directors will need to be educated when there are questions about
the lawfulness of such endeavors and will work closely with the Office of License, Inspections and
Environmental Protection on these issues.
Mr. Flaherty stated that the last sentence of the policy has been changed to read "Violation of this policy
may result in disciplinary action."
Councilmember Blakey stated that the new State law allows those who have conceal and carry permits
to keep their weapon in the trunk of their car and questioned how that would be enforced. Mr. Flaherty
responded that if the vehicle was used for City business, firearms in the vehicle were prohibited by these
policies. Manuel Cervantes, City Attorney, stated that the new legislation permits weapons to be carried
in the trunk as long as there is a permit to do so. However, if the employee is permitted to use their
vehicle for work purposes and reimbursement is paid to the employee for the use of that vehicle, the
vehicle then is in the possession of the City. Therefore, adminitration would have the authority to
control how to use the city's property. There is no problem with enforcement of the policy as it is
proposed.
Councilmember Reiter moved approval as amended.
Approved as amended Yeas - 7 Nays - 0
33. 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 June 25)
Councilmember Reiter moved approval.
Adopted Yeas - 7 Nays - 0
34. Presentation and written report from the Administration on the City's Tenant Remedy Actions.
(Report requested by the Council on November 13, 2002; Council File 02 -1070)
A report was presented by Andy Dawkins, Division of Property Code Enforcement. A written report
will be provided to the City Council by Andy Dawkins on September 17, 2003.
35. Report from the Administration on the following issues pertaining to the Police Headquarters
Project, Meritex lot, and Car -Lo Building: (Report requested by the City Council on June 25)
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.
A report was given by Deputy Mayor Dennis Flaherty, and an additional update will be provided on July
23 Yeas - 7 Nays - 0
36. Appeal of Julia Althoff, on behalf of Illean Weber, Anthony Garofalo to a Notice of Condemnation
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Order to vacate property at 756 Juno Avenue. (Laid over from June 25) (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 this is a property with behavioral and
building problems. There has been no scheduled inspections for current permits to be closed out. Ms.
Moermond recommended that a code compliance inspection be required and that the appeal of the
condemnation be denied. The appeal would have to be laid over for another week to ensure all notice
requirements were met.
Councilmember Coleman moved to lay over one week.
Laid over to July 16 Yeas - 7 Nays - 0
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.
37. 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 25)
Laid over to July 23 Yeas - 7 Nays - 0
38. Final Adoption - 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.
Councilmember Reiter moved approval.
Adopted Yeas - 7 Nays - 0
39. Third 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 to July 16 for final adoption
40. Third 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)
Laid over to July 16 for final adoption
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41. First 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 to July 16 for second reading
Councilmember Lantry moved to adjourn the meeting. Yeas - 7 Nays - 0.
ADJOURNED AT 4:28 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Mary Erickson August 13, 2003
Assistant Council Secretary
CHR
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