Minutes 1-22-2003Page 1 of 9
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, January 22, 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
Nancy Anderson, Assistant Secretary to the Council
Mary Erickson, Clerical Support - 651- 266 -8565
Office of the City Council
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Public Hearings
• Suspension Items
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items I - 25)
The following communications were read into the record by Nancy Anderson, Assistant Secretary to the
City Council:
Letters from the Citizen Service Office, Division of Property Code Enforcement, declaring 2285 Benson
Avenue and 733 Charles Avenue as nuisance properties and setting date of Legislative Hearings for
January 28, 2003, and City Council Hearings for February 5, 2003.
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 COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND
CONSIDERED SEPARATELY.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
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1. Claims of American Family Insurance Company (for Mor Vue), Barna, Guzy & Steffen, Ltd. (for
Tina Foss), Nathan Grahek, Helen LaFond, Johanna Lestes, David Lipset, Darryl Mangan, and Janet
Pahr.
Referred to the Risk Management Division
2. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on February 13, 2003, at 9:30 a.m., Room 220, Conference Room B, Saint Paul City Hall, 15 West
Kellogg Boulevard, concerning all licenses held by Cab's Pub & Eatery, Inc., dba Cab's Pub & Eatery,
Inc., 992 Arcade Street.
3. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on February 19, 2003, at 9:30 a.m., Room 40 -13, Saint Paul City Hall, 15 W. Kellogg Boulevard,
concerning the application for a Saint Paul Taxicab Driver's license by Lawrence Selb.
4. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on February 5, 2003, to consider the appeal of the Merriam Park Community
Council to a decision of the Saint Paul Planning Commission denying the appeal of a sign permit issued
by the Office of Licensing, Inspections and Environmental Protection (LISP) to replace an existing
billboard sign face and trim with a new sign face and trim and also to replace the horizontal wood
stringers for the east face at 1926 University Avenue West (between Prior and Lynnhurst).
5. Administrative Orders:
D002232 Authorizing an agreement with the Danish Pastry Shop Inc., not to exceed $900.00, for
expenses arising from the twelve 2003 Division of Parks and Recreation Expanded Staff Meetings for
managers, supervisors and city -wide specialists.
Withdrawn by the Director of Parks and Recreation
D002233 Authorizing approval, not to exceed $750.00, to expend funds during 2003 for food and
beverage purchases for regular and subcommittee meetings of the Parks and Recreation Commission.
Withdrawn by the Director of Parks and Recreation
FOR ACTION
6. Approval of minutes of December 18 and 26, 2002, January 2, and January 8, 2003.
Adopted Yeas - 7 Nays - 0
7. Resolution - 03 -35 - Memorializing City Council action taken December 18, 2002, approving the
application, with conditions, of Silver Oak Development for a combined plat to create 25 lots and 1
outlot to provide for single - family residential development at the unaddressed property at Point Douglas
Road, Stinchfield and Burg Streets.
Adopted Yeas - 7 Nays - 0
8. Resolution - 03 -36- Granting spending authority to the Office of Marketing and Promotions for
sponsoring events during the Saint Paul Winter Carnival.
Adopted Yeas - 7 Nays - 0
9. Resolution - 03 -37 - Holding Ramsey County and the City of Maplewood harmless for Saint Paul's
use of Round Lake for a Family Fishing Event on February 1, 2003.
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Adopted Yeas - 7 Nays - 0
10. Resolution - 03 -38 - Holding Ramsey County and the City of Roseville harmless for Saint Paul's use
of McCarron's Lake for the Winter Carnival Softball on Ice Tournament on February 1 and 2, 2003.
Adopted Yeas - 7 Nays - 0
11. Resolution - 03 -39 - Referring to the Saint Paul Planning Commission for study, report, and
recommendation an ordinance defining and regulating dwellings occupied by students.
Adopted Yeas - 7 Nays - 0
12. Resolution - 03 -40 - Approving the Indemnification and Cooperation Agreement for the City's
participation on the Wold- Chamberlain Field Joint Airport Zoning Board.
Adopted Yeas - 7 Nays - 0
13. Resolution - 03 -41 - Approving Neighborhood STAR Program Guideline Modifications.
Adopted Yeas - 7 Nays - 0
14. Resolution - 03 -42 - Approving the application for a Second Hand Dealer -Motor Vehicle License by
Robert Brackey, President, dba Bracs Auto Parts, 80 Arlington Avenue East. (Legislative Hearing
Officer recommends approval with conditions)
Adopted Yeas - 7 Nays - 0
15. Resolution - 02 -43 - Approving the decision of the Legislative Hearing Officer on a Letter of
Deficiency appeal for 376 Fuller Avenue and a Correction Notice for 1953 Wilson Avenue. (Appeal was
withdrawn for 1953 Wilson Avenue.)
Adopted as amended Yeas - 7 Nays - 0
16. Resolution - 03 -44 - Amending Council File 02 -1037 regarding 706 Charles Avenue in order to
grant the owner, Josala Landvick, additional time to complete rehabilitation of the property.
Laid over to February 5 Yeas - 7 Nays - 0
17. Resolution - 03 -45 - Amending Council File 02 -1096 regarding 278 Topping Street in order to grant
the new owner, Wally Nelson, Renovation, Inc., 180 days to complete rehabilitation of the property.
Adopted Yeas - 7 Nays - 0
18. Resolution - 03 -46 - Concerning adverse action against the Massage Practitioner's license held by
Ursula Ferreyra.
Adopted Yeas - 7 Nays - 0
19. Resolution - 03 -47 - Concerning adverse action against the licenses held by Mildred Pierce, Inc., dba
Mildred Pierce at Harriet Island, 105 Harriet Island Road.
Adopted Yeas - 7 Nays - 0
20. Resolution - 03 -48 - Concerning adverse action against the City Contractor license held by Miesen
Roofing, Inc., 3151 County Drive, Little Canada, MN.
Adopted Yeas - 7 Nays - 0
21. Resolution - 03 -49 - Canceling and rescinding improvements on Hudson Road from Earl Street to
Griffith Street from the Margaret and Atlantic RVSP Paving and Lighting Project adopted by the City
Council in Council File 02 -1131 on December 4, 2002.
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Adopted Yeas - 7 Nays - 0
22. Resolution - 03 -50 - Authorizing the proper City officials to enter into a Sanitary Sewer Use
Agreement with the City of South Saint Paul.
Adopted Yeas - 7 Nays - 0
23. Resolution - 03 -51 - Approving an agreement between the City of Saint Paul and the owner of
property near Clark Street and Bush Avenue for the City's acquisition of property needed for the Phalen
Boulevard project.
Adopted Yeas - 7 Nays - 0
24. Resolution - 03 -52 - Giving preliminary authorization to the Office of Financial Services, Treasury
Section, to initiate all necessary action leading to the issuance of City General Obligation Capital
Improvement Bonds in the approximate amount of $19,000,000, General Obligation Street Improvement
Bonds in the approximate amount of $2,600,000, Water Revenue Bonds in the approximate amount of
$10,600,000 and such refundings as to produce sufficient savings to justify the issuance.
Adopted Yeas - 7 Nays - 0
25. Resolution Approving Assessment - 03 -53 - In the matter of the assessment of benefits, cost and
expenses for the installation of new bituminous surfaced roadways, concrete curb and gutter, concrete
driveway aprons and outwalks, boulevard landscaped with sod and trees, construction of a new lantern
style lighting system, and all other work necessary to complete said improvements on Sixth Street
between Mounds Boulevard to Maria Avenue, and setting public hearing date for March 5, 2003. (File
No. 18970)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
26. Resolution - 02 -1095 - Ordering the owner to remove or repair the building at 695 Charles Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval) (Laid over from November 20)
Laid over to February 12 Yeas - 7 Nays - 0
27. Report from the City Attorney's Office on the legal status of the State of Minnesota vs. Krinkie &
Snelling Company case. (Report requested by the Council on January 2; laid over from January 8)
A report was presented by Manuel Cervantes, City Attorney
28. Report from the Office of License, Inspections and Environmental Protection regarding their
inspection policies and controls. (Report requested by the Council on January 2; laid over from January
8)
Laid over to February 5 Yeas - 6 Nays -1 (Blakey)
29. Review report from Council Research regarding the Office of License, Inspections and
Environmental Protection's Performance Audit as it relates to inspections/ correction notices. (Report
requested by the Council on January 2; laid over from January 8)
A report was presented by Marcia Moermond, Council Research Policy Analyst
30. Report from the City Attorney and Council Research on the process necessary for establishing the
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minimum qualifications for hiring a Fire Chief and establishing and selecting the Fire Chief Examining
Committee at their January 22, 2003, meeting. (Report requested by the Council on January 15)
A report was presented by Marcia Moermond, Council Research Policy Analyst.
The City Council voted to establish the following minimum qualifications for Fire Chief:
A bachelor's degree in fire science, business administration, public administration or a closely related
field, and five years of full time paid multi - company command level experience as a Chief Officer at the
district/battalion level or above are required. Such command level experience shall include the areas of
fire suppression, rescue, fire prevention, fire investigations, emergency medical services, hazardous
materials, management information systems, and emergency response planning and exercise using an all
hazards approach. A master's degree in one of the aforementioned fields is desirable.
Adopted Yeas - 5 Nays - 2 (Blakey, Coleman)
The City Council voted to establish the Time Table for Fire Chief Search, Screen and Appointment
Process as outlined in the January 22, 2003 memorandum submitted by the Council Research Policy
Analysts.
Adopted Yeas - 7 Nays - 0
The City Council approved the following members to serve on the Fire Chief Examination Committee:
• Bruce A. Beneke, Attorney, Director of Southern Minnesota Regional Legal Services (SMRLS)
• Dr. Bruce Corrie, PhD, Professor at Concordia College
• R.J. Frascone, M.D., Medical Director at Regions Hospital; works closely with the Saint Paul
Fire Department
• Bill Buth, Director of Building Owners Management Association (BOMA)
• William Collins, Executive Director of the YWCA
• Dick Leitner, City of Saint Paul Fire Captain, President of Local 421
• Tim Marx, Attorney with Briggs and Morgan, Former Deputy Mayor, Chair -Elect of the
Chamber of Commerce Executive Committee
• Georgia Lickness, President of American Indians in Unity
• Song Lo Fawcett, Attorney, Chair of the Saint Paul Human Rights Commission
• Jack Hoffmann, City of Saint. Paul Fire District Chief, member of Fire Supervisors Association
• Stacy Hohertz, City of St. Paul Fire Captain, member of Local 421
• Pat Fish, City of St. Paul Fire Prevention
• Nick Khaliq, Chair of the NAACP, Retired City of Saint Paul Firefighter
• Terrance Cullan, Attorney with Felhaber, Larson, Fenlon and Vogt
Adopted Yeas - 7 Nays - 0
The City Council approved the following Ex Officio members to serve on the Fire Chief Examination
Committee:
• Manuel Cervantes, Saint Paul City Attorney
• Tim Fuller, City of Saint Paul Fire Chief
• Angie Nalezny, City of Saint Paul Human Resources Director
Adopted Yeas - 7 Nays - 0
31. Administrative Order:
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D002220 Extending Lease Agreement PW /41 with Eller Media Company granting the continued use of
3,750 square feet of vacant land near Cayuga Street and 35E for the purpose of operating and
maintaining an outdoor advertising sign. (Laid over from January 15)
Laid over to February 5 Yeas - 4 Nays -3 (Blakey, Coleman, Reiter)
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
CO UNCIL AND 30 DAYS AFTER P UBLICATION IN THE SAINT PA UL LEGAL LEDGER
32. Second Reading 03 -33 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code to
increase the fees charged for various permits.
Laid over to February 5 for third reading /public hearing
33. First Reading - 03 -54 - An ordinance amending Saint Paul Legislative Code Chapter 271 pertaining
to Disorderly Houses.
Laid over to February 5 for second reading
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
34.
seetion of the saint Par! eity . (No action required, as this ordinance was recalled
and withdrawn by the City Council on January 15, 2003.)
35.
ehief pttrsttant to +e pro-visions of Seetion 4-2.4-2.4 of +e Saint Ptml 647 . (No action required,
as this ordinance was recalled and withdrawn by the City Council on January 15, 2003.)
36. Third Reading - 03 -22 - An ordinance prohibiting deer feeding within the City.
Laid over to February 5 for final adoption
37. Resolution - 03 -24 - Ordering the owner to remove or repair the building(s) at 790 Laurel Avenue
within fifteen (15) days from adoption of resolution. (Laid over from January 8) (Legislative Hearing
Officer recommends granting the owner 180 days to rehabilitate the property)
Adopted as amended Yeas - 7 Nays - 0
38. Resolution - 03 -25 - Ordering the owner to remove or repair the building(s) at 730 Sherburne
Avenue within fifteen (15) days from adoption of resolution. (Laid over from January 8) (Legislative
Hearing Officer recommends granting the owner 180 days to rehabilitate the property)
Adopted as amended Yeas - 7 Nays - 0
39. Resolution - 03 -55 - Authorizing the Department of Planning and Economic Development to apply
to the Minnesota Department of Trade and Economic Development for $400,000 in Minnesota
Investment Funds as a grant to the City of Saint Paul and financial assistance to the Ford Motor
Company for refurbishment of office space at their Saint Paul Assembly Plant.
Adopted Yeas - 7 Nays - 0
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40. Resolution - 03 -56 - Approving the petition of the City of Saint Paul to vacate Norpac Road and
dispose of the City's interest of excess property to be used for the Troutbrook Project at the Trillium
Site.
Laid over to February 5 for continuation of the public hearing
Yeas - 7 Nays - 0
41. Resolution - 03 -57 - Approving the petition of Todd Daddario to vacate the north half of Pullman
Avenue from the east line of White Bear Avenue to 140 feet east for additional space needed for
construction of a driveway.
Adopted Yeas - 7 Nays - 0
42. Resolution - 03 -58 - Approving the petition of the Hmong American Partnership to vacate part of the
alley in E. M. Mackubin's Subdivision of Block 1, Arlington Hills Addition to facilitate the construction
of an office building.
Adopted Yeas - 7 Nays - 0
43. Resolution - 03 -59 - Approving the petition of the Salvation Army to vacate that part of Forbes
Avenue lying northwesterly of West Seventh Street and Easterly of Smith Street to accommodate
development of a parking area and green space.
Adopted Yeas - 7 Nays - 0
44. Public hearing, required by the Housing and Redevelopment Authority of the City of Saint Paul
(HRA), to provide for public comment concerning the acquisition of 719 Burr Street under the potential
of condemnation if approved for acquisition by the HRA on February 12, 2003.
A public hearing was held
45. Public hearing to consider the appeal of Lincoln Outdoor Advertising to a decision of the Planning
Commission denying an appeal of an order to remove an advertising sign at 710 Dale Street North
(between Van Buren and Minnehaha Avenues). (Laid over from December 18)
Motion of Intent - Appeal Denied Yeas - 7 Nays - 0
46. Public hearing to consider the appeals of David Dorris, Charles and Carolyn Dorris, Louis Stanfield
and Jennifer Dorris to a decision of the Heritage Preservation Commission denying a building permit to
convert an auto garage to a residence at 1575 Summit Avenue (Summit Avenue West Historic District).
(Laid over from January 8)
Laid over to February 12 (Referred back to the Heritage Preservation Commission for design
review) Yeas - 6 Nays -1 (Coleman)
47. Public hearing to consider the appeal of Wally Nelson to a decision of the Board of Zoning Appeals
denying three variances in order to split a lot and construct a new single family dwelling at 1036 Desoto
Street.
Laid over to February 5 Yeas - 7 Nays - 0
48. Public hearing to consider the appeal of Maya and Nicholas Lopez- SantaMaria to a decision of the
Board of Zoning Appeals denying a variance in order to move an over -size garage onto the property at
492 Concord Street.
Laid over to February 19 Yeas - 7 Nays - 0
49. Public hearing to consider the appeal of Pawn America Minnesota, LLC to a decision of the
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Planning Commission denying the application for a conditional use permit to operate a Pawn Shop at
1907 Suburban Avenue.
Motion of Intent - Appeal Denied Yeas - 5 Nays - 2 (Blakey, Reiter)
Suspension Items:
The Council recognized and extended their best wishes to David Godfrey, Council Research Policy
Analyst, who has accepted a position with Hennepin County.
Resolution - 03 -60 - Approving the January 1, 2003 through December 31, 2004, Agreement between
the City of Saint Paul and Local Unions 2508 (Clerical) and 1842 (Technical), District Council 14 of the
American Federation of State, County and Municipal Employees.
Laid over to February 5 for adoption Yeas - 7 Nays - 0
Resolution - 03 -61 - Recognizing David Baker upon his resignation as the Real Estate - Business
Development Manager for the West Side's Riverview Economic Development Association and
declaring January 29, 2003, to be Dave Baker Day in the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
Resolution - 03 -62 - Honoring the World's Toughest Rodeo series and declaring January 31, 2003, to be
Steve Gander Day in the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
REMINDER: SINCE JANUARY 29 IS THE FIFTH WEDNESDAY OF THE MONTH, THERE
WILL NOT BE A CITY COUNCIL MEETING ON THAT DATE.
Council Meeting Information
Website
For an updated copy of the City Council Meeting agendas or minutes, please visit our website at
www.ci.stnaul.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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