Minutes 12-23-2003Page 1 of 7
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Tuesday, December 23, 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
• Miscellaneous
• Suspension Items
Reminder: There will not be a meeting on December 31 since it is the fifth Wednesday of the month.
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Helgen, Lantry
Absent - 0
CONSENT AGENDA (Items 1 - 24)
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 Thomas Adebayo Adegboyega, Paul Cole, Ericka Jimenez, Walter Johnson, Ricky Larson,
Eric Lein, HollyJo Matson, Larry Piper, Qwest, Kyan Thornton, and Sheryl Vaz.
Referred to the Risk Management Division
2. Demand for Judicial Determination in the matter of Christopher Matthew Sitek and Joseph John
Sitek, Jr. vs. 1997 Nissan.
Referred to the City Attorney's Office
3. Letter from the Real Estate Division announcing a public hearing before the City Council on January
28, 2004, to consider the petition of Mendota Homes, Inc. To vacate City interest in part of Montana
Avenue lying easterly of the west right -of -way line of vacated Fisk Street to facilitate replatting the
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property and rerouting Montana Avenue.
4. Letter from the Office of the City Attorney rescheduling the consolidated Administrative Law Judge
hearing for the Auto Repair Garage License held by Hartland Auto Sales, Inc., 1236 Arcade Street, to
January 20, 2004, at 9:30 a.m. in Room 41, Saint Paul City Hall, 15 West Kellogg Boulevard.
FOR ACTION
5. Approval of minutes of November 26, 2003.
Adopted Yeas - 7 Nays - 0
6. Resolution - 03 -1121 - Approving the appointments of Lenora Taylor and Jean Vansiea and the
reappointments of Beverly Carroll, Margaret Tracy Moos, Merlyn Satrom, Sally Staggert, Arlend (Buzz)
Wilson, and Delores Zeller, by Mayor Kelly, to the Mayor's Advisory Committee on Aging.
Adopted Yeas - 7 Nays - 0
7. Resolution - 03 -1122 - Approving the appointment of Todd Nicholson, by Mayor Kelly, to the
District Energy Board.
Adopted Yeas - 7 Nays - 0
8. Resolution - 03 -1123 - Approving the appointment of Mai -tong Lee and the reappointments of
Shirley Kane and Kevin Lindsey, by Mayor Kelly, to the Public Housing Agency Board of
Commissioners.
Adopted Yeas - 7 Nays - 0
9. Resolution - 03 -1124 - Approving the appointment of Lisa Agrimonti and the reappointment of Cathy
Pavlak, by Mayor Kelly, to the Police Civilian Internal Affairs Review Commission.
Laid over to January 14 Yeas - 7 Nays - 0
10. Resolution - 03 -1125 - Approving the appointments of Matthew Pahs, Russ Stark, and Alice Tibbets
and the reappointments of Lisa Falk, Greg Reese, and Kurt Schroeder, by Mayor Kelly, to the Bicycle
Advisory Board.
Adopted Yeas - 7 Nays - 0
11. Resolution - 03 -1126 - Accepting $80,000 from Saint Paul Companies Inc. Foundation for the
Capital City Education Initiative and amending the 2003 financing and spending plans.
Adopted Yeas - 7 Nays - 0
12. Resolution - 03 -1127 - Opposing any legislative changes that would restrict a city's right to restrict
or proscribe the replacement of structural elements and renovation of billboards, or a city's right to
define and enforce standards for replacement of structural elements and renovations in city zoning
codes.
Adopted Yeas - 7 Nays - 0
13. Resolution - 03 -1128 - Referring the Liquor On -Sale, Liquor On -Sale Sunday, Liquor Outdoor
Service Area (Patio), and Restaurant (B) Licenses held by Paul R. Bredemus, dba LaGrolla, 452 Selby
Avenue, to an Administrative Law Judge hearing.
Adopted Yeas - 7 Nays - 0
14. Resolution - 03 -1129 - Approving the November 25, 2003, decisions of the Legislative Hearing
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Officer for Appeals of Letters of Deficiency, Correction Notices, and Correction Orders for 1396
Seventh Street West, 670 Pelham Boulevard, 369 Dale Street North and 501 Shepard Road.
Adopted Yeas - 7 Nays - 0
15. Resolution - 03 -1130 - Memorializing City Council action taken October 15, 2003, granting the
appeal of Phil Gerlach and Ted Peller to a decision of the Board of Zoning Appeals approving a height
variance in order to build an addition to the rear of the existing house at 2012 Iglehart Avenue.
Adopted Yeas - 7 Nays - 0
16. Resolution - 03 -1131- Memorializing City Council action taken October 1, 2003, granting the appeal
of Robert Clapp River Run Properties, to a decision of the Board of Zoning Appeals denying three
variances in order to split property and create a new and buildable lot at 1016 McLean Avenue.
Adopted Yeas - 7 Nays - 0
17. Resolution - 03 -1132 - Authorizing the Department of Fire and Safety Services to accept a donation
of $200.00 from Remmele Engineering, Inc.
Adopted Yeas - 7 Nays - 0
18. Resolution - 03 -1133 - Authorizing the Police Department to enter into an agreement with the
Federal Bureau of Investigation to participate in the Minnesota Violent Crime /Fugitive Task Force.
Adopted Yeas - 7 Nays - 0
19. Resolution - 03 -1134 - Authorizing the Division of Parks and Recreation to host an accreditation
thank you celebration at a cost of approximately $500.00.
Adopted Yeas - 7 Nays - 0
20. Resolution - 03 -1135 - Approving changes to the 2003 budget regarding the authorization of
additional spending and financing in the Como Campus Special Fund 380.
Adopted Yeas - 7 Nays - 0
21. Resolution 03 -1136 - Authorizing a loan of $213,270 from the Neighborhood Investment Initiative
Program to the Highland Grandview Limited Partnership.
Adopted Yeas - 7 Nays - 0
22. Resolution - 03 -1137 - Authorizing the proper city officials to enter into a purchase agreement for
land at 1067 Marshall Avenue for the Jimmy Lee Rec Center Acquisition and Redevelopment Project.
Adopted Yeas - 7 Nays - 0
23. Resolution - 03 -1138 - Amending the 2003 budget to provide funding for the data conversion
portion of the Public Works Computerized Maintenance Management System.
Adopted Yeas - 7 Nays - 0
24. Resolution Approving Assessment - 03 -1139 - In the matter of the assessment of benefits, cost and
expenses for providing weekly garbage hauling for the third quarter of 2003 (J03TRASH3Q); summary
Abatement (property clean -up) during August 2003 (J0307A); boarding -up of vacant buildings during
July 2003 (J03 05 B); demolition of vacant buildings during October 2003 and November 2003 (J0304C),
and setting date of Legislative Hearings for January 13, 2004 and City Council hearings for January 28,
2004).
Adopted Yeas - 7 Nays - 0
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FOR DISCUSSION
25. Resolution - 03 -1140 - Adopting the 2003 year -end budget adjustments.
Adopted Yeas - 7 Nays - 0
26. Resolution - 03 -1141 - Authorizing the spending of STAR funds to provide for the Housing 5000
Land Assembly Program.
Adopted as amended Yeas - 6 Nays -1 (Benanav)
27. Resolution - 03 -1142 - Requesting additional work related to TN Zoning and Zoning Code
Reformatting.
Laid over to January 14 Yeas - 7 Nays - 0
28. Resolution - 03 -1143 - Memorializing City Council decisions on establishing a Police Chief
Examination Committee.
Adopted as amended Yeas - 7 Nays - 0
29. Resolution - 03 -1144 - Establishing an "Equal Access to City Contracts" work group.
Adopted Yeas - 7 Nays - 0
30. Resolution - 02 -990 - Ordering the owner to remove or repair the building at 1684 Burns Avenue
within fifteen (15) days from adoption of resolution. (Laid over
December 10) (Legislative Hearing Officer recommends approval)
Laid over to January 7 Yeas - 7 Nays - 0
31. Resolution - 03 -1114 - Ordering the owner to remove or repair the building(s) at 1863 Iglehart
Avenue with fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
granting the owner 180 days to complete the rehabilitation provided the following is completed by noon
on December 17, 2003: 1) the real estate transaction is completed; 2) the code compliance inspection has
been scheduled; and 3) the $2,000 bond is posted.) (Laid over from December 17)
Adopted as amended (per the recommendation of the Legislative Hearing Officer)Yeas - 7Nays - 0
32. Final Order - 03 -1145 - In the matter of construction of new bituminous streets with concrete curb
and gutter, concrete driveway aprons and outwalks, boulevards landscaped with sod and trees, new
lantern style street lighting system lead water service replacements, and sanitary sewer repairs for
Norfolk Avenue from Davern Street to Gannon Road in the Davern- Bayard RSVP Project. (File No.
18998 & 18998C) (Laid over from December 17)
Adopted as amended Yeas - 7 Nays - 0
33. Administrative Order:
D002348 Amending the budget of the Community Development Block Grant Fund to correct the
budgets of old CDBG and Emergency Shelter Grant Projects. (Laid over December 10)
Greg Blees, Fiscal Policy Director, will provide a written report on questions raised by
Councilmembers.
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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.
34. Final Adoption - 03 -1052 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code
pertaining to housing and inspections by establishing a certificate of occupancy requirement for a new
class of occupancy to be known as student housing and providing for the inspection, renewal and
enforcement of such certificates for student housing by the City's Fire Marshall.
Laid over to January 21 Yeas - 7 Nays - 0
35. Final Adoption - 03 -1053 - An ordinance amending Chapter 58 of the Saint Paul Legislative Code
pertaining to hard wired smoke detectors by providing for the installation of hard wired smoke detectors
in student housing, as that occupancy is defined in Chapter 33 of the code, and as required in Chapter 34
of the code.
Laid over to January 21 Yeas - 7 Nays - 0
36. Final Adoption - 03 -1054 - An ordinance amending Chapter 34 of the Saint Paul Legislative Code
pertaining to minimum housing maintenance standards and inspections and for the purpose of
safeguarding life and property by establishing a smoke detector requirement for student housing
occupancies pursuant to Minn. Stat. §299F.011, Subd. 4.
Laid over to January 21 Yeas - 7 Nays - 0
37. Final Adoption - 03 -1072 - An ordinance amending Chapter 280 of the Saint Paul Legislative Code
to remove outdated language relative to appropriate dress.
Adopted Yeas - 7 Nays - 0
38. Third Reading - 03 -1096 - An ordinance memorializing City Council action approving the
application of Leonard and Barbara Paczosa to rezone property at 1194 E. Maryland Avenue (between
Duluth Street and Lane Place) from R -4 (One Family Residential) to B -2 (Community Business) for
expansion of an auto convenience market /car wash. (Public hearing held November 5, 2003)
Laid over to January 7 for final adoption
39. Second Reading - 03 -1108 - An ordinance memorializing City Council action granting the
application of St. Paul Public Housing Agency to rezone property at 280 Ravoux Street from RM -3
(Multiple Family) to RM -2 (Multiple Family) to allow single family houses. (Public hearing held
November 5, 2003)
Laid over to January 7 for third reading
40. Second Reading - 03 -1109 - An ordinance amending interim ordinance Council File No. 02 -1115
adopted December 26, 2002 to allow new development within the Sunray Shopping Center for Dots,
Inc., 2139 Hudson Road.
Laid over to January 7 for third reading /public hearing
41. Second Reading - 03 -1110 - An administrative ordinance establishing the minimum qualifications
for the vacancy for the position of Police Chief pursuant to the provisions of Section 9.01 (a) of the
Administrative Code and Section 12.12.1 of the Saint Paul City Charter.
Laid over to January 7 for third reading /public hearing
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MISCELLANEOUS
42. Recognition of the late Councilmember Jim Reiter for his years of service to the City and citizens of
Saint Paul.
43. Recognition of retiring Councilmembers Coleman and Blakey for their years of service to the City
and citizens of Saint Paul.
44. Recognition of out -going City Council Legislative Aides Bob Connor, Nancy Homans, Jan Keran,
and Gerry McInerney for their years of service to the City
and citizens of Saint Paul.
Suspension Items:
Resolution - 03 -1146 - Honoring the late Jim Reiter for his years of service as the Councilmember
representing Ward Five.
Adopted Yeas - 7 Nays - 0
Resolution - 03 -1147 - Honoring Jerry Blakey for his years of service as the Councilmember
representing Ward One.
Adopted Yeas - 7 Nays - 0
Resolution - 03 -1148 - Honoring Chris Coleman for his years of service as the Councilmember
representing Ward Two.
Adopted Yeas - 7 Nays - 0
Resolution - 03 -1149 - Honoring Jan Keran, Legislative Aide to the late Ward Five Councilmember Jim
Reiter, for her years of service.
Resolution - 03 -1150 - Honoring Bob Connor, Legislative Aide to Ward Seven Councilmember Kathy
Lantry, for his years of service.
Adopted Yeas - 7 Nays - 0
Resolution - 03 -1152- Approving and authorizing a grant from the Neighborhood Investment Initiative
Program to Public Art Saint Paul for the creation of the Neighborhood Public Art Matching Grant
Program.
Adopted Yeas - 7 Nays - 0
Resolution - 03 -1153 - Approving the application, per the Legislative Hearing Officer, for an
Entertainment B License by ALS, Inc., dba Brown Derby Lounge, 567 Stryker Avenue.
Adopted Yeas - 7 Nays - 0
Council Meeting Information
Website:
For an updated copy of the City Council Meeting agendas or minutes, please visit our website at
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http://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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