Minutes 1-8-2003Page 1 of 8
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, January 8, 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 Item
Present - 6 - Benanav, Blakey, Bostrom, Harris, Lantry, Reiter
Absent - 1 - Coleman (excused)
CONSENT AGENDA (Items I - 28)
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
1. Claims of Doublas Burkhardt, Jeff Garetz/Load- Bearing, Inc., and Kelly Johnson.
Referred to the Risk Management Division
2. Letter from District Energy St. Paul (Hot Water Franchise) notifying the City of the release of their
audited financial statement for the fiscal year ending September 30, 2002. (Copy available in City
Clerk's Office for review)
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3. Letter from District Cooling St. Paul (Chilled Water Franchise) notifying the City of the release of
their audited financial statement for the fiscal year ending September 30, 2002. (Copy available in City
Clerk's Office for review)
4. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on January 22, 2003, 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.
5. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on January 22, 2003, 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.
6. Letter from the Real Estate Division announcing a public hearing before the City Council on January
22, 2003, to consider 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.
7. Letter from the Real Estate Division announcing a public hearing before the City Council on January
22, 2003, to consider 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.
8. Letter from the Real Estate Division announcing a public hearing before the City Council on January
22, 2003, to consider 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.
9. Letter from the Citizen Service Office, Division of Property Code Enforcement, declaring 893 Desoto
Street as nuisance property. (For notification purposes only; a public hearing will be scheduled at a
future date if necessary.)
10. Administrative Orders:
D002225 Extending the contract with Shafer Contracting Company for the Kellogg Boulevard
Streetscape Project due to additional work that was required and delays because of weather conditions.
D002226 Authorizing payment, not to exceed $150.00, to Byerly's to cover expenses for food service
for the participants in the Saint Paul Police Department's Professional Development Institute - Tactical
Search & Seizure Seminar on January 29, 2003.
D002227 Authorizing payment, not to exceed $200.00, to Big Top Wine and Spirits to cover expenses
for beverages and refreshments for civilian volunteers participating in the Saint Paul Police
Department's three day training course on Standardized Field Sobriety Tests and DWI Procedures for
the Saint Paul Police Cadet Academy 2002.
D002228 Authorizing payment of $175.18 to the Holiday Inn Express and Pizza Factory from the
budget of the Office of Marketing & Promotion for staff attending a retreat on November 14, 2002 to
plan Marketing's 2003 special events.
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D002229 Amending the budget of the Community Development Block Grant Fund by increasing the
budget of the Martin Luther King Sitework Project by $45,000.
D002230 Reimbursing a Director of Technology and Management Services finalist candidate up to a
total of $1,500.00 for travel expenses incurred while traveling to Saint Paul for a final interview with the
Mayor's Office.
D002231 Amending the 2002 budget of the City Sales Tax Capital Projects Fund in the Department of
Planning and Economic Development by changing the object code to reflect the revenues and expenses.
Noted as on file in the City Clerk's Office
FOR ACTION
11. Approval of minutes of December 4, 2003.
Adopted Yeas - 6 Nays - 0
12. Resolution - 03 -5 - Approving the appointment of Paulette Swindeman, by Mayor Kelly, to the
Police Civilian Internal Affairs Review Commission.
Adopted Yeas - 6 Nays - 0
13. Resolution - 03 -6 - Approving the appointment of Paul Middleton and Valentine O'Malley, by
Mayor Kelly, to the Saint Paul Parks and Recreation Commission.
Adopted Yeas - 6 Nays - 0
14. Resolution - 03 -7 - Recommending that the Board of Ramsey County Commissioners approve, with
conditions, the repurchase application for property at 783 Como Avenue.
Adopted Yeas - 6 Nays - 0
15. Resolution - 03 -8 - Concerning adverse action against the Tree Trimmer and Vehicle license held by
Beck Enterprises, Inc., dba River Junction Tree Service.
Adopted Yeas - 6 Nays - 0
16. Resolution - 03 -9 - Concerning adverse action against the Tree Trimmer and Vehicle license held by
Mike Dragich, dba Quality Brush and Stump Removal.
Adopted Yeas - 6 Nays - 0
17. Resolution - 03 -10 - Waiving the distance limitation on alcohol sales for On -Sale and Sunday On-
Sale Liquor Licenses near a school, church, or synagogue for Eagle Street Grille, 174 West 7th Street.
Adopted Yeas - 6 Nays - 0
18. Resolution - 03 -11 - Adjusting the STAR loan portfolio regarding the bankruptcy of the Frogtown
Action Alliance.
Adopted as amended Yeas - 6 Nays - 0
19. Resolution - 03 -12 - Rescinding Council File 02 -1188 adopted by the City Council on December 18,
2002, for the property at 1198 Sherburne Avenue.
Adopted Yeas - 6 Nays - 0
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20. Resolution - 03 -13 - Canceling Final Order 00 -689 adopted July 26, 2000, for improvements on
Fourth Street East which were not installed.
Adopted Yeas - 6 Nays - 0
21. Resolution - 03 -14 - Authorizing the proper City officials to accept and set up a financing and
spending plan for donations from the Capital River Council in the amount of $1,700 and from the
Summit Avenue Residential Preservation Association in the amount of $3,400 to be used toward hiring
horticultural interns.
Adopted Yeas - 6 Nays - 0
22. Resolution - 03 -15 - Approving payment of $16,500.00 to Eduardo Martin Torres and his attorneys
Schwebel Goetz & Sieben in full settlement of their claim against the City of St. Paul.
Adopted Yeas - 6 Nays - 0
23. Resolution - 03 -16 - Amending the contract with the East Consolidated Weed and Seed Program and
District 6 Planning Council, to provide additional services and to make the corresponding amendment to
the budget to authorize use of the additional funds for the additional service.
Adopted Yeas - 6 Nays - 0
24. Resolution - 03 -17 - Accepting an Intensive Spanish Training Grant from the Minnesota Department
of Public Safety for an intensive Spanish language training program for police officers and authorizing
the City of Saint Paul to enter into and Chief William Finney to implement the agreement.
Adopted Yeas - 6 Nays - 0
25. Resolution - 03 -18 - Accepting a $200,000 Value Based Initiative Grant from the United States
Department of Justice to develop and coordinate community partnerships with the faith community and
authorizing the City to enter into and Chief William Finney to implement the agreement.
Adopted Yeas - 6 Nays - 0
26. Resolution - 03 -19 - Dedicating City -owned property for roadway purposes as needed for the
construction of Phalen Boulevard.
Adopted Yeas - 6 Nays - 0
27. Resolution - 03 -20 - Accepting the dedication of properties owned by the Saint Paul Port Authority
for street and roadway purposes necessary for the construction of Phalen Boulevard.
Adopted Yeas - 6 Nays - 0
28. Resolution - 03 -21 - Accepting the dedication of temporary and permanent easements on property
owned by the Saint Paul Housing and Redevelopment Authority for the construction of Phalen
Boulevard.
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
29. Resolution - 02 -1215 - Approving the appointment of Gina LaForce, by Mayor Kelly, as Library
Director effective December 2, 2002. (Laid over from December 26)
Adopted Yeas - 6 Nays - 0
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30. 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 to January 22 Yeas - 6 Nays - 0
31. 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 to January 22 Yeas - 6 Nays - 0
32. 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 to January 22 Yeas - 6 Nays - 0
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED B Y THE CITY COUNCIL. IT IS READ AT
FOUR SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY
THE COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
33. Second Reading - 03 -3 - An ordinance establishing the minimum qualifications for the vacancy for
the position of Fire 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 22 for third reading /public hearing
34. Second Reading - 03 -4 - An ordinance establishing an Examining Committee for the position of Fire
Chief pursuant to the provisions of Section 12.12.1 of the Saint Paul City Charter.
Laid over to January 22 for third reading /public hearing
The City Council requested the Administration and Council Research to provide a report at their
January 15, 2003, City Council Meeting on the following matters regarding the two above
ordinances:
Administration to provide a report describing the process they used to determine the
minimum qualifications for a new Fire Chief and describe what shifts in policy these
qualifications represent when compared to past qualifications for hiring new Fire
Chiefs;
Administration to provide a report on the qualifications and experience of the
members selected to serve on the Fire Chiefs Examining Committee;
Council Research to review the City's Charter, Code and other related materials and
describe the process for selecting a new Fire Chief;
Council Research to examine historical records pertaining to the appointment of
former Fire, and if relevant, Police Chiefs in the City to determine the type of hiring
model to be used in the current situation;
Council Research to review a recommended process for the hiring of the new Fire
Chief.
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The Office of Human Resources, in consultation with Council Research, develop a
report on the potential pool of candidates under the new (2003) and old (1990)
minimum qualifications, noting the race and gender of the potential candidate pool.
35. First Reading - 03 -22 - An ordinance prohibiting deer feeding within the City.
Laid over to January 15 for second reading
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
36. Third Reading - 02 -1167 - An ordinance amending Chapter 411 of the Saint Paul Legislative Code
to eliminate the numbers of performers allowed by a Class A license.
Laid over to January 15 for final adoption
37. Third Reading - 02 -1186 - An ordinance amending interim ordinance 01 -648, adopted July 18, 2001,
which imposed a moratorium on the use of property in the area presently under study for the Arcade
Street Area Study pending completion of the study and any possible amendments to the City's
Comprehensive Plan or Zoning Ordinance deemed necessary to give effect to the study.
Laid over to January 15 for final adoption
38. Third Reading - 02 -1187 - An interim ordinance adopted pursuant to Minnesota Statute 462.355,
Subd. 4, preserving the status quo with respect to convenience stores.
Withdrawn Yeas - 6 Nays - 0
39. 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 to January 22 for continuation of the public hearing.
Yeas - 6 Nays - 0
40. Public hearing to consider the appeal of Ron Staeheli regarding the ruling of the Saint Paul Truth -in-
Sale of Housing Board.
Motion of Intent - Appeal Denied Yeas - 6 Nays - 0
41. Resolution - 03 -23 - Approving the decisions of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 177 Winifred Street West, 44 and 325 Cedar Street (appeal
withdrawn for 325 Cedar Street). (Legislative Hearing Officer recommends denying the Notice of
Condemnation appeal for property at 177 Winifred Street West, #4.)
Adopted Yeas - 6 Nays - 0
42. 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. (Legislative Hearing Officer recommends laying
over to the January 14, 2003, Legislative Hearing and the January 22, 2003, City Council
Meeting.)
Laid over to January 22 Yeas - 6 Nays - 0
43. 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. (Legislative Hearing Officer
recommends laying over to the January 14, 2003, Legislative Hearing and the January 22, 2003,
City Council Meeting.)
Laid over to January 22 Yeas - 6 Nays - 0
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44. Resolution - 03 -26 - Ordering the owner to remove or repair the building(s) at 1198 Sherburne
Avenue within fifteen (15) days from adoption of resolution. (This resolution replaces Council File 02-
1188). No public testimony will be received at this meeting but will be heard on February 26th.
(Legislative Hearing Officer recommends laying over to the February 11, 2003, Legislative
Hearing and the February 26, 2003, City Council Meeting.)
Laid over to February 26 Yeas - 6 Nays - 0
45. Public hearing to consider the appeal of Nicollet Restoration to a decision of the Planning
Commission to revoke a River Corridor Conditional Use Permit to allow four single boat docks and one
group dock, with provision for propane gas and electricity for boats using the dock, at 436 Shepard
Road.
Laid over to February 5 Yeas - 5 Nays - 0 (Benanav not present for vote)
46. Public hearing to consider the application of Madan Estates to rezone property from B -2
(Community Business) to B -3 (General Business) to allow a fast food restaurant with a drive -thru lane at
1825 Suburban Avenue (between Ruth Street and White Bear Avenue).
Motion of Intent - Application Granted Yeas 5 Nays - 0 (Benanav not present for vote)
Suspension Item
Resolution - 03 -27 - Authorizing the Citizen Services /Marketing and Promotions Office to solicit
donations from outside sources to help defray the costs needed for the 2003 Winter Carnival Mayoral
Reception.
Adopted Yeas - 6 Nays - 0
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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