Minutes 11-19-2003Page 1 of 6
ACTION MINUTES
OF THE SAINT PAUL CITY COUNCIL
Wednesday, November 19, 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
Mary Erickson - 651- 266 -8565
Vicki Sheffer - 266 -8673
Office of the City Council
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• Suspension Items
• For Discussion
• Ordinances
• Public Hearings
Present - 6 - Benanav, Blakey, Bostrom, Coleman, Helgen, Lantry
Absent -1 - Harris (excused)
CONSENT AGENDA (Items I -15)
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 Roger Kramer, Rick Kuhn, Lan Ngo, Traci Jordan - Nwogwugwu, State Farm Insurance (for
Tamera Rubin), Jeremey Swanson, and Xcel Energy (two claims).
Referred to the Risk Management Division
2. Letter from the Office of the City Attorney announcing a public hearing before an Administrative
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Law Judge on November 20, 2003 at 10:00 a.m., Room 42, St. Paul City Hall -Court House, concerning
the Currency Exchange License Renewal Application of New Money Express, Inc., 785 7th Street East.
3. Administrative Orders:
D002342 Authorizing the proper City officials in the Division of Parks and Recreation to execute all
lease agreements that mature in 2004, and are one year or less in duration, pursuant to Chapter 86.03 of
the Administrative Code.
D002343 Authorizing funds for three non -city employees to attend the Value -Based Initiative
Conference that will be held December 2 -4, 2003, in Kansas City, Missouri.
Noted as on file in the City Clerk's Office
FOR ACTION
4. Approval of minutes of October 15, 2003.
Adopted Yeas - 6 Nays - 0
5. Resolution - 03 -1016 - Approving the May 1, 2003 through April 30, 2006 Collective Bargaining
Agreement between the City of Saint Paul and the International Brotherhood of Electrical Workers,
Local 110. (To be laid over one week for adoption)
Laid over to December 3 for adoption
6. Resolution - 03 -1017 - Authorizing the Department of Fire and Safety Services to accept a grant in
the amount of $148,481 from the State of Minnesota for the 2003 Federal Homeland Security
Equipment /Exercise grant to enhance the City of Saint Paul's ability to respond to weapons of mass
destruction incidents.
Adopted Yeas - 6 Nays - 0
7. Resolution - 03 -1018 - Canceling the assessment for Lead Water Service Replacement, C.F. 03 -958
adopted on October 22, 2003, for 414 Minnehaha Avenue East.
Adopted Yeas - 6 Nays - 0
8. Resolution - 03 -1019 - Authorizing the Port Authority to issue Business Development Program
Bonds.
Adopted Yeas - 6 Nays - 0
9. Resolution - 03 -1020 - Approving the application with conditions, per the Legislative Hearing
Officer, for a Second Hand Dealer -Motor Vehicle License by David Mwaura and Anthony G. Wanjiku,
owners, A/D Autodealers, Inc, 131 Ivy Avenue West.
Adopted Yeas - 6 Nays - 0
10. Resolution - 03 -1021 - Suspending the Massage Practitioner's License held by Mary Ellen
Schmidley immediately until the required information has been submitted to the Office of License,
Inspections and Environmental Protection.
Adopted Yeas - 6 Nays - 0
11. Resolution - 03 -1022 - Concerning adverse action against the Massage Practitioner's License
application of Karri A. Abbott at 60 Plato Boulevard, Suite 110.
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Adopted Yeas - 6 Nays - 0
12. Resolution - 03 -1023 - Establishing a financing and spending plan for $17,500 to be received from
Twin Cities Marathon, Inc. for services provided in conjunction with the marathon.
Adopted Yeas - 6 Nays - 0
13. Resolution - 03 -1024 - Reallocating the remaining balance from the Phalen Recreation Center and
Site Work project to the Western Park Site Improvement project and CIB contingency.
Adopted Yeas - 6 Nays - 0
14. Resolution - 03 -1025 - Authorizing the proper city officials to accept and set up a financing and
spending plan for donations totaling $75,850 from Capital City Partnership, the Saint Paul Hotel, the
Saint Paul Port Authority, Saint Paul Companies, Minnesota Life, 3M, Ecolab, Xcel Energy, Frauenshuh
Companies, Wells Fargo, Lawson Software, the Saint Paul Convention and Visitor's Bureau, the
Ordway Center for the Performing Arts, and J.J. Hill Library for installation of seasonal lights.
Adopted Yeas - 6 Nays - 0
15. Preliminary Order - 03 -1026 - In the matter of the installation and operating costs for the above
standard, twin lantern lighting system on West 7th Street from Munster Avenue to Madison Avenue, and
setting date of public hearing for December 17, 2003. (File Nos. 18999 and 19000)
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
16. Resolution - 03 -883 - Finding Comcast of St. Paul, Inc. in violation of its franchise. (Laid over from
October 8)
Laid over to December 3 Yeas - 6 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.
17. First Reading - 03 -1027 - An ordinance amending Chapter 43 of the Saint Paul Legislative Code by
raising the vacant building fee from $200.00 per year to $250.00 per year to reflect an increase in the
cost of enforcement.
Laid over to November 26 for second reading
18. First Reading - 03 -1028 - An ordinance amending Chapters 60 through 69 of the Saint Paul
Legislative Code pertaining to zoning code reformatting and streamlining, adding Traditional
Neighborhood zoning districts, and related amendments.
Laid over to November 26 for second reading
19. First Reading - 03 -1029 - An ordinance amending Chapter 64 of the Saint Paul Legislative Code
pertaining to the administration of the zoning code and setting fees to defray the costs of reviewing,
investigating and administering services, materials, and work performed and furnished to persons
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making zoning applications to the City.
Laid over to November 26 for second reading
(Blakey was excused from the meeting at this time)
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
20. Third Reading - 03 -963 - An interim ordinance enacted pursuant to Minn. Stat. §462.355, Subd. 4
preserving the status quo with respect to the use of property within the City of Saint Paul pending the
completion of studies of possible amendments to the Saint Paul Legislative Code relating to the repair or
maintenance of non - conforming advertising signs.
Substitute introduced and laid over to November 26 for final adoption
21. Third Reading - 03 -992 - An ordinance amending Chapter 86 of the Saint Paul Administrative Code
pertaining to the rules and regulations of the Board of Water Commissioners.
Laid over to November 26 for final adoption
22. Third Reading - 03 -993 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to zoning for the City of Saint Paul with changes for the Trout Brook/Lower Phalen Creek
Greenway zoning maps.
Laid over to November 26 for final adoption
23. Third Reading - 03 -994 - An ordinance amending Chapter 402 of the Saint Paul Legislative Code to
comply with changes to the state law regarding charitable gambling.
Laid over to November 26 for final adoption
24. Third Reading - 03 -995 - An ordinance amending Chapter 409.21 of the Saint Paul Legislative Code
to comply with changes to the state law regarding charitable gambling.
Laid over to November 26 for final adoption
25. Third Reading - 03 -1002 - An ordinance amending Chapters 33 and 34 of the Saint Paul Legislative
Code to establish requirements for student dwellings including Certificate of Occupancy inspections and
the installation of hard wired smoke detectors.
Laid over to November 26 for final adoption
26. Resolution - 03 -1030 - Approving the application of Shannon Pierce, representing the Saint Paul
Festival and Heritage Foundation, 75 West Fifth Street, 429 Landmark Center, for a sound level
variance from December 1, 2003 to January 20, 2004, from 9:00 a.m. to 11:00 p.m., to allow ice
harvesting on Lake Phalen, 1400 Phalen Park Drive.
Adopted as amended Yeas - 4 Nays - 0 (Coleman not present)
27. Resolution - 03 -1031 - Approving the application of Shannon Pierce, representing the Saint Paul
Festival and Heritage Foundation, 75 West Fifth Street, 429 Landmark Center, for a sound level
variance for music for the Ice Palace in conjunction with the Winter Carnival from January 22, 2004, to
February 8, 2004, from 10:00 a.m. to 12:00 midnight, at Cleveland Circle, 155 Seventh Street West.
Adopted Yeas - 4 Nays - 0 (Coleman not present)
28. Resolution - 03 -1032 - Approving the petition of Scott and Jennifer Ebel to vacate part of the alley at
125 Hyacinth Avenue West to facilitate construction of a retaining wall. Adopted Yeas - 5 Nays - 0
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29. Resolution - 03 -1033 - Approving the petition of John Radabaugh, Joe's Bait Shop, to vacate part of
Blocks 1 and 4, Butterfield Syndicate No. 2, part of an adjacent alley and part of vacated Stinson Street,
for parking space.
Adopted Yeas - 5 Nays - 0
30. Resolution Ratifying Assessment - 03 -1034 - In the matter of the assessment of benefits, cost and
expenses for property clean -up, during the month of June, 2003, demolition of vacant building during
the month of July, 2003 and towing of abandoned vehicles from private property during November and
December, 2002.(Laid over from October 22) (Legislative Hearing Officer recommends the
following:
805 Agate Street (J0305Al) - approval of the assessment;
543 Maryland Avenue East (J0305Al) - approval of the assessment;
486 Carroll Avenue (J0303Cl) - spreading the assessment over a five -year period;
408 Banfil Street (J0302Vl) - approval of the assessment)
Adopted as amended (per the recommendation of the Legislative Hearing Officer)Yeas - 5Nays - 0
31. Resolution Ratifying Assessment - 03 -1035 - In the matter of the assessment of benefits, cost and
expenses for Summary Abatements ( property clean -up) during the month of July, 2003, for property at
686 Sims Avenue (J0306A2) (Laid over from October 22) (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 5 Nays - 0
32. Appeal of Kelly Brisson to a Notice of Condemnation and Order to Vacate property at 297 Burgess
Street. (Legislative Hearing Officer recommends denying the appeal)
Appeal denied (per the recommendation of the Legislative Hearing Officer)
Yeas - 5 Nays - 0
33. Appeal of Albert Gustafson to a Notice of Condemnation and Order to vacate property at 291
Ravoux Street 46. (Legislative Hearing Officer recommends granting the appeal and allowing the
occupant to remain at the property)
Laid over to December 3 (per the recommendation of the Legislative Hearing Officer)Yeas -
5Nays - 0
34. Public hearing to consider the application of Craig and Tracy Mulholland to rezone property at 615
St. Anthony Avenue from B -2 (community business) to B -3 (general business) to conduct outdoor sales
of produce, sporting equipment, designer clothes, fireworks and food concessions. (Laid over from
October 22)
Motion of Intent - Application denied Yeas - 5 Nays - 0
35. Public hearing to consider the application of Jason's Dry Ice for a subdivision by lot split to create
two industrial parcels with a variance of the requirement to plat previously unplatted land at the
northwest corner of Charles Avenue and Transfer Road.
Motion of Intent - Application granted Yeas - 5 Nays - 0
36. Public hearing to consider the appeal of Saint Paul Development Corporation to a decision of the
Planning Commission upholding the Zoning Administrator's denial of a site plan to reorganize the
layout of an existing parking lot and create an access from the parking lot to an adjacent alley at 452
Selby Avenue.
Motion of Intent - Appeal denied Yeas - 5 Nays - 0
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Suspension Items :
Resolution - 03 -1036 - Naming Sunday, November 16, 2003, Ruth Elizabeth Pazdernik Day and
wishing her a happy 100 birthday.
Adopted Yeas - 6 Nays - 0
Resolution - 03 -1037 - Supporting KSTP -AM Radio's role in fighting racism and sustaining strong
communities.
Adopted Yeas - 4 Nays - 2 (Bostrom, Coleman)
Council Meeting Information
Website:
For an updated copy of the City Council Meeting agendas or minutes, please visit our website at
ht . p://www.ci.stpaul.mn.us /council
Cable
The City Council and Housing and Redevelopment Authority (HRA) Meetings are cablecasted live on
Channel 18 and repeated on Thursdays at 7: 00 p.m., Saturdays at 12:30 p.m., and Sundays at 1: 00 p.m.
(Subject to change). Also, the City Council and HRA Agendas are cablecasted on Saturdays at 8: 00
a. m. and 7:30 p.m., Sundays at 5:30 p.m., Mondays at 8: 00 a. m. 1: 30 p.m., and 5:30 p.m.; Tuesdays at
8: 00 a. m., and 5:30 p.m.; and Wednesdays at 8: 00 a. m. and 1: 30 p.m.
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