Minutes 2-19-2003Page 1 of 7
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, February 19, 2003 - 3:30 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
• Suspension Items
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items I - 25)
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 Rudolph Acosta, Sr., Tom Pham, Julia K. Rhodes Law Office (for client Tanna Barnett
o/b /o her minor sons, Keyaun and Shawn Barnett), and Bryant Wallgren.
Referred to the Risk Management Division
2. Summons and Verified Complaint and Petition for Writ of Mandamus 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 Office of the City Attorney announcing a public hearing before the City Council on
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February 26, 2003, to consider the report of the Administrative Law Judge concerning the application of
Brandon Davis for a Taxicab Driver's License.
4. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
February 26, 2003, concerning adverse action against the Taxicab Driver Renewal License Application
for Robert Earl Clark.
5. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on March 11, 2003, at 9:30 a.m. in Room 42 Saint Paul City Hall, 15 West Kellogg Boulevard, to
consider all licenses held by SD Ray, Inc., dba Scott's Place, 1178 Arcade Street.
6. Administrative Order:
D002244 Authorizing a reception at the Merriam Park Library on January 31, 2003, for the community
to meet Gina La Force, the new Library Director, and providing refreshments, not to exceed $150.00,
with monies provided by the Perrie Jones Community Outreach funds.
Noted as on file in the City Clerk's Office
FOR ACTION
7. Approval of minutes of February 5 and 12, 2003.
Adopted Yeas - 7 Nays - 0
8. Resolution - 03 -164 - Approving the January 1, 2003 to December 31, 2004 Labor Agreement
between the City of Saint Paul and the Saint Paul Manual and Maintenance Supervisors Association.
(To be laid over one week for adoption)
Laid over to February 26 for adoption
9. Resolution - 03 -165 - Approving the January 1, 2003 to December 31, 2004 Collective Bargaining
Agreement between the City of Saint Paul and the City of Saint Paul Professional Employees
Association. (To be laid over one week for adoption)
Laid over to February 26 for adoption
10. Resolution - 03 -166 - Approving the 2003 -2004 Agreement between the City of Saint Paul and the
Saint Paul Classified Confidential Employees Association. (To be laid over one week for adoption)
Laid over to February 26 for adoption
11. Resolution - 03 -167 - Approving Employment Agreements between Independent School District 625
and the American Federation of State, County and Municipal Employees, AFL -CIO representing
Clerical and Technical Employees, Professional Employees Association, Inc. and Tri- Council Local No.
49, Local No. 120 and Local No. 132 to establish Terms and Conditions of Employment for 2002 -2004.
(To be laid over one week for adoption)
Laid over to February 26 for adoption
12. Resolution - 03 -169 - Opposing the sale of wine for off - premises consumption in outlets other than
authorized off -sale liquor stores.
Adopted Yeas - 7 Nays - 0
13. Resolution - 03 -170 - Authorizing the Department of Fire and Safety Services to accept the donation
of $5,000.00 from the Andersen Corporation for the Risk Watch Program.
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Adopted Yeas - 7 Nays - 0
14. Resolution - 03 -171 - Authorizing the Department of Fire and Safety Services to accept the donation
of $550.00 from Saint Patrick's Association to continue to provide public safety to the City of Saint Paul
and its residents.
Adopted Yeas - 7 Nays - 0
15. Resolution - 03 -172 - Approving an amendment to the Community Development Block Grant
(CDBG) funding for the Neighborhood House and Phalen Village Superblock Development projects.
Adopted Yeas - 7 Nays - 0
16. Resolution - 03 -173 - Authorizing the Division of Parks and Recreation to apply to the Department
of Natural Resources Federal Recreation Trail Program for $74,000 in funds to purchase an Aebi MFH
2500 four wheel road /pathway sweeper and, if granted, enter into necessary agreements to implement
the purchase.
Adopted Yeas - 7 Nays - 0
17. Resolution - 03 -174 - Authorizing the Division of Parks and Recreation to apply to the Department
of Natural Resources Federal Recreation Trail Program for $70,000 in funds to help renovate the trails
in Swede Hollow, Frost Lake and Marydale Parks and, if granted, enter into necessary agreements to
implement the project.
Adopted Yeas - 7 Nays - 0
18. Preliminary Order - 03 -175 - In the matter of improving the alley in Smedley's Addition, Block 1 by
grading and paving with bituminous material (bounded by Curtice, Sidney, Brown, and Andrew), and
setting date of public hearing for March 26, 2003. (File No. 18978)
Adopted Yeas - 7 Nays - 0
19. Preliminary Order- 03 -176 - In the matter of acquiring permanent easements for right -of -way
purposes and temporary construction easements to improve White Bear Avenue from Hoyt Avenue to
Larpenteur Avene, and setting date of public hearing for March 26, 2003. (File No. AE2003 -1)
Adopted Yeas - 7 Nays - 0
20. Preliminary Order - 03 -177 - In the matter of condemning and taking easements in the land
necessary for slopes, cuts and fills in the grading and paving of the alley in Smedley's Addition, Block 1
(bounded by Curtice, Sidney, Brown, and Andrew), and setting date of public hearing for March 26,
2003. (File No. 189785)
Adopted Yeas - 7 Nays - 0
21. Resolution Approving Assessment - 03 -178 - In the matter of approving the assessment of benefits,
costs and expenses for miscellaneous alley work as requested by property owners in conjunction with
the Cottage /Greenbrier paving and lighting project and street improvements on Barclay Street from Case
Avenue north to the railroad right -of -way, and setting date of public hearing for April 2, 2003. (File
Nos. 18954C and 18977)
Adopted Yeas - 7 Nays - 0
22. Resolution Approving Assessment - 03 -179 - In the matter of approving the assessment of benefits,
costs and expenses for construction of sanitary sewer service connections as part of the Case /Hazelwood
area RSVP Project, and setting date of public hearing for April 2, 2003. (File No. 18929C)
Adopted Yeas - 7 Nays - 0
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23. Resolution Approving Assessment - 03 -180 - In the matter of approving the assessment of benefits,
costs and expenses for water connection in the Case /Hazelwood area for the property at 1742 Bush
Avenue and water connection in the Page /Manomin area for the property at 633 Orleans Street, and
setting date of public hearing for April 2, 2003. (File Nos. 18929WC and 18931 WC)
Adopted Yeas - 7 Nays - 0
24. Resolution Approving Assessment - 03 -181 - In the matter of approving the assessment of benefits,
costs and expenses for grading and paving of the alley in Block 14, Hayden Heights (bounded by Ivy,
Furness Parkway, Clear, and Ruth) and the alley in Block 14, Summit Park Addition (bounded by
Osceola, Avon, Fairmount, and Victoria), and setting date of public hearing for April 2, 2003.
Adopted Yeas - 7 Nays - 0
25. Resolution Approving Assessment - 03 -182 - In the matter of approving the assessment of benefits,
costs and expenses for construction of areaways on Fifth Street east of St. Peter Street in connection
with the Wabasha West Streetscape Project, Phase I, affecting the property at 355 Wabasha Street North,
and setting date of public hearing for April 2, 2003. (File No. 1889413)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
26. Resolution - 03 -168 - Supporting the men and women of the armed forces and honoring their
commitment to our nation's safety and security, opposing unilateral military action against Iraq and
urging President Bush to continue seeking a peaceful resolution of issues in a diplomatic manner.
Motion to table Yeas - 5 Nays - 2 (Benanav, Lantry)
(Benanav left the meeting at this point)
27. Resolution - 02 -1038 - Ordering the owner to remove or repair the building at 1083 Conway Street
within fifteen (15) days from adoption of resolution. (Public hearing held and laid over from November
20) (Legislative Hearing Officer recommends approval)
Laid over to February 26 Yeas - 6 Nays - 0
28. Consideration of 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. (Public hearing held and laid over from January 22)
Appeal withdrawn Yeas - 6 Nays - 0
29. Resolution - 03 -80 - Approving a 25 percent increase in zoning fees to reflect
the various costs associated with reviewing, investigating and administering Saint Paul's zoning
activities. (Laid over from February 5)
Adopted Yeas - 6 Nays - 0
30. Report from the Administration and the Office of License, Inspections and Environmental Protection
regarding their inspection policies and controls (i.e. the written policies that inspectors are required to
follow, conflict of interest policies, and at what point is a written citation issued). (Report requested by
the Council on February 5)
A report was presented by Janeen Rosas, Director of the Office of License, Inspections and
Environmental Protection (LIEP). A Citizen's Advisory Committee, appointed by Mayor Kelly,
will review LIEP's practices and procedures and their work will culminate in a report
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summarizing its findings, conclusions and recommendations. The Council requested that this
report be presented at their May 21, 2003, City Council Meeting.
31. Resolution - 03 -142 - Approving the purchase of Taxable Tax Increment Bonds (Spruce Tree Centre
Ramp Project), Series 1988A. (Laid over from February 12)
Adopted Yeas - 5 Nays - 0 Abstentions - 2 (Coleman, Harris)
32. 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 February 12)
Adopted as amended Yeas - 6 Nays - 0
33. Consideration of 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).
(Public hearing held and laid over from January 22; also referred back to the Heritage Preservation
Commission for design review) (Laid over from February 12)
Laid over to February 26 Yeas - 6 Nays - 0
34. Resolution - 03 -66 - Requesting the Mayor's Administration, through the Department of Planning
and Economic Development and the Saint Paul Port Authority, identify two sites within the City of Saint
Paul for inclusion into the tax -free zones and report back to the City Council at its February 12, 2003,
meeting and also requesting that the City of Saint Paul modify its Legislative Agenda and actively lobby
the Saint Paul Delegation and the Legislature for inclusion of these two sites in the Governor's economic
stimulus package as tax -free zones. (Laid over from February 12)
Substitute introduced and adopted Yeas - 6 Nays - 0
35. 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 from February 12)
Substitute introduced and adopted Yeas - 6 Nays - 0
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY 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
36. Third Reading - 03 -101 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
approving the rezoning of 1825 Suburban Avenue from B -2 (Community Business) to B -3 (General
Business) to allow a fast food restaurant with a drive - through lane. (Public hearing held January 8,
2003)
Laid over to February 26 for final adoption
37. Second Reading - 03 -158 - An amending ordinance to Council File 02 -1116, adopted December 26,
2002, which established an interim ordinance of limited duration regulating land use and official
controls in the area of the City commonly known as the Sunray Area.
Laid over to February 26 for third reading /public hearing
38. Second Reading - 03 -159 - An ordinance finalizing City Council action granting the application of
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Virginia Simek to rezone property from R -3 (One - Family Residential) to RM -2 (Multiple - Family
Residential) for construction of six townhouses at 965 St. Paul Avenue. (Public hearing held November
6, 2002)
Laid over to February 26 for third reading
39. Second Reading - 03 -160 - An ordinance finalizing City Council action granting the application of
Lawrence Walker to rezone property at 896 and the easterly portion of 904 Marshall Avenue from RT -1
(Two - Family Residential) to RT -2 (Townhouse Residential) to allow a four -plex to be moved to this
location. (Public hearing held December 4, 2002)
Laid over to February 26 for third reading
40. Second Reading - 03 -161 - An ordinance finalizing City Council action approving the application of
Royal Crest Properties, Inc. to rezone property from R -4 (One - Family Residential) to RM -1 (Multiple -
Family Residential) to construct two four -unit townhouse structures (8 units total) at the southeast
corner of Cottage Avenue and Farrington Street. (Public hearing held December 18, 2002)
Laid over to February 26 for third reading
Suspension Items
Resolution - 03 -183 - Calling upon the President and Congress to continue to work with the United
Nations to define an appropriate multi - lateral response to both the current crisis and the inevitable
challenges that the process of nation re- building presents and joining the National Council of Churches,
the National Conference of Catholic Bishops and the Union of American Hebrew Congregations in their
prayers for peace and international reconciliation.
Adopted Yeas - 7 Nays - 0
Resolution - 03 -184 - Extending or reestablishing, as the case may be, a moratorium in the Irvine Alley
Study Area established in Council File No. 02 -337 pending final Council action on the Planning
Commission's Irvine Avenue Development Plan submitted to the City Council on October 11, 2002.
Adopted Yeas - 6 Nays - 0 (Benanav not present for vote)
Website
For an updated copy of the City Council Meeting agendas or minutes, please visit our website at
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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