Minutes 6-25-2003Page 1 of 9
ACTION MINUTES OF
THE SAINT PAUL CITY COUNCIL
Wednesday, June 25, 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
• Miscellaneous
• Suspension Items
Present - 6 - Benanav, Blakey, Bostrom, Harris, Lantry, Reiter
Absent -1 - Coleman (arrived after roll call)
CONSENT AGENDA (Items I - 30)
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 Barbara Hafiz, Matthew and Lauralin Kania, Quincy Lewis (Doris Steward), Sean Parnell,
Lawrence A. Paulson, and Ross Roberg.
Referred to the Risk Management Division
2. Summons and Complaint in the matter of Nataly Sherlin, individually and as trustee for the next of
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kin of Irene Sherlin, Deceased, vs. the City of Saint Paul, et. al.
Referred to the City Attorney's Office
3. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on July 23, 2003, to consider the appeal of Mark Moser to a decision of
the Board of Zoning Appeals granting two variances in order to construct a new single family home on
the southeast corner of Gotzian and East Third Street.
4. Letters from the Citizen Service Office /Division of Property Code Enforcement declaring 837 Fourth
Street East and 1819 Sheridan Avenue as nuisance properties and setting date of Legislative Hearings
for July 8, 2003, and City Council Hearings for July 23, 2003.
5. Letters from the Office of the City Attorney recommending revocation of provisional taxicab driver's
licenses based upon failure to enroll in and /or successfully complete a taxicab driver training course for
Mohamed Aar, Afrah Abdulahi, Mohamed Ahmed, Mohamed Arab, Kevin Chevre, Terrance Chromey,
Michael Curtis, Shawn Gardner, Dhaqane Harun, Khalif Hussein, Yusuf Hussein, Abdi Ibrahim, Rashid
Ibrahim, Abebe Lemlem, Spencer Lindgren, Walter McCreary Jr., Ahmed Mohamed, Dalmar
Mohamoud, Lawrence Selb, Bernard Travis, James Young, and Yehia Youssef.
6. Administrative Orders:
D002304 Authorizing the proper City officials to execute a lease agreement with the District 11
Community Council for the purpose of providing garden plots for the residents of District 11 through
the 2003 growing season.
D002305 Appointing John Maczko to act and serve as City Engineer and granting authority to perform
any duties that may be required by law of a City Engineer.
Noted as on file in the City Clerk's Office
D002306 Establishing a city -wide policy prohibiting the possession, transport, carry or use of dangerous
weapons and firearms, except where such possession, transport, carry or use is specifically required as a
part of employee job duties.
D002307 Establishing a city -wide policy prohibiting City Employees from engaging in any and all
forms of gambling, whether legal or illegal, on City property, on City time or with City equipment
except where such action is specifically required as a part of employee job duties.
Laid over to July 9 Yeas - 7 Nays - 0
FOR ACTION
7. Approval of minutes of May 21, 2003.
Adopted Yeas - 7 Nays - 0
8. Resolution - 03 -582 - Approving the Memorandum of Agreement between the City of Saint Paul,
United Association Plumbers Local Union No. 34 and Sprinkler- Fitters Local 4417, for the 2003 Wage
and Fringe Adjustments. (Laid over from June 18 for adoption)
Adopted Yeas - 7 Nays - 0
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9. Resolution - 03 -599 - Approving the appointments, by Mayor Kelly, of Tom Osthoff and Kou Vang
to the RiverCentre Authority.
Adopted Yeas - 7 Nays - 0
10. Resolution - 03 -600 - Approving the appointment, by Mayor Kelly, of Robert Veilleux to the
Ramsey County Workforce Investment Board.
Adopted Yeas - 7 Nays - 0
11. Resolution - 03 -601 - Approving the election of Mary Erickson as Assistant Secretary to the City
Council, effective June 30, 2003.
Adopted Yeas - 7 Nays - 0
12. Resolution - 03 -602 - Concerning adverse action against the Restaurant (B) license application of
Michael C. Robinson, dba Robinson's Barbeque & Catering, 1001 Payne Avenue.
Laid over to July 2 Yeas - 7 Nays - 0
13. Resolution - 03 -603 - Finalizing City Council action taken June 4, 2003, approving a combined plat
to create four parcels for the Emerald Gardens Housing Development (a mixed housing development
with apartments and townhomes) in the area bounded by Ellis Avenue, Emerald Street, Berry Street and
Franklin Avenue.
Adopted Yeas - 7 Nays - 0
14. Resolution - 03 -604 - Finalizing City Council action taken April 2, 2003, granting the application of
Northern States Power Company, dba Xcel Energy, for a combined plat to create an outlet for a new rail
spur at 435 James Avenue.
Adopted Yeas - 7 Nays - 0
15. Resolution - 03 -605 - Memorializing City Council action taken March 26, 2003, denying the appeal
of Don Martin regarding a variance of the allowable height for an accessory structure at 957 Beech
Street.
Adopted Yeas - 7 Nays - 0
16. Resolution - 03 -606 - Memorializing City Council action taken May 28, 2003, modifying the
variance granted to Martin Wolf and Mary Ryan upon the appeal of Russanne Low to a decision of the
Board of Zoning Appeals granting a side yard setback variance in order to construct a 3.5 by 10 foot
addition to the east side of the house at 1280 Keston Street.
Adopted Yeas - 7 Nays - 0
17. Resolution - 03 -607 - Memorializing City Council action taken January 22, 2003, upholding a
decision of the Planning Commission denying the appeal of Lincoln Outdoor Advertising to an order to
remove an advertising sign at 710 Dale Street North (between Van Buren and Minnehaha Avenues).
Adopted Yeas - 7 Nays - 0
18. Resolution - 03 -608 - Memorializing City Council action taken February 5, 2003, granting the
appeal of the Merriam Park Community Council of a building permit issued by the Office of License,
Inspections and Environmental Protection for "V" shaped billboard at 1926 University Avenue.
Adopted Yeas - 7 Nays - 0
19. Resolution - 03 -609 - Finalizing City Council action taken May 28, 2003, granting the application of
Rice Street Properties for a lot split with a variance to create two industrial parcels and to facilitate a
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transfer of ownership and tie the parcels to the adjacent owners at 801 Rice Street.
Adopted Yeas - 7 Nays - 0
20. Resolution - 03 -610 - Approving the acceptance of the donation of materials and labor from the
Upper Swede Hollow Neighborhoods Association to be used in the completion of the renovation of
Hamm Park as well as the ongoing maintenance of the planting beds.
Adopted Yeas - 7 Nays - 0
21. Resolution - 03 -611 - Approving the decisions of the Legislative Hearing Officer on Appeals for
Letters of Deficiency, Correction Notices and Correction Orders for 670 760 Brookline Street.
Adopted Yeas - 7 Nays - 0
22 Resolution - 03 -612 - Approving the application with conditions for Wine On Sale, Malt On Sale
(Strong), and Entertainment Licenses by Karen M. Thao, dba Data Thai Restaurant, 769 Milton Street
North (Legislative Hearing Officer recommends approval with conditions)
Adopted Yeas - 7 Nays - 0
23. Resolution - 03 -613- Authorizing the proper City officials to pay Wilma Mitchell $165,500, plus
closing costs, for property located at 1075 Marshall Avenue for improvements to be made to the Jimmy
Lee Rec Center facility.
Adopted Yeas - 7 Nays - 0
24. Resolution - 03 -614 - Amending prior and current year budgets to adopt an appropriation for the
acquisition and improvement of the Meritex lot and Car -Lo Building.
Adopted as amended Yeas - 5 Nays - 2 (Benanav, Coleman)
The City Council requested that the Administration provide the following information at their
July 9 meeting:
• that other potential funding sources be examined for this $1.6 million project;
that a staff person from the City of Saint Paul be designated as project manager for the Police
Headquarters project;
•a comprehensive financing and spending plan for the Police Headquarters and Emergency
Communications project, including past, current and future phases.
25. Resolution - 03 -615 - Indemnifying and holding Macalester College harmless for the City's use of
their tennis courts from June 13 through July 25, 2003.
Adopted Yeas - 7 Nays - 0
26. Resolution - 03 -616 - Transferring $140,000.00 from City Council Contingency in Promote St. Paul
to make a contribution to Capital City Partnership - Marketing Committee.
Adopted Yeas - 5 Nays - 2 (Benanav, Lantry)
27. Resolution - 03 -617 - Authorizing the Department of Fire and Safety Services to accept a grant of
$34,866.00 for the enhancement of the City's Emergency Operation Plan from the State of Minnesota.
Adopted Yeas - 7 Nays - 0
28. Resolution - 03 -618 - Authorizing the Department of Fire and Safety Services to accept a grant of
$700,002 from FEMA's Assistance to Firefighters Grant Program and establishing a Financing and
Spending Plan for the 2003 Budget.
Adopted Yeas - 7 Nays - 0
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29. Resolution - 03 -619 - Authorizing the Police Department to enter into an agreement, including an
indemnification clause, with the State of Minnesota acting on behalf of Century College to provide 300
hours of POST training from September 1, 2003 through June 30, 2004.
Adopted Yeas - 7 Nays - 0
30. Resolution - 03 -620 - Authorizing the St. Paul Police Department to enter into a Memorandum of
Understanding with Ramsey County for the Ramsey County Adult Substance Abuse Court Program.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
31. Resolution - 03 -452 - Directing the proper City officials to convey the property in the area known as
Norpac Road to the highest responsible bidder. (Laid over from May 28)
Laid over to July 9 Yeas - 7 Nays - 0
32. Report from the Office of License, Inspections and Environmental Protection (Animal Control) on
the progress on the wording change to the Administrative Rules regarding the destruction of dogs.
(Report requested by Council on May 28)
A report was presented by Bill Stephensen, Office of License, Inspection and Environmental
Protection (Animal Control)
33. Resolution - 03 -591 - Authorizing applications for Opportunity Grants through the Livable
Communities Demonstration Program. (Laid over from June 18)
Adopted Yeas - 6 Nays -1 (Lantry)
34. Resolution - 03 -621 - Approving funding for Cycle 9 (2003) of the Cultural Star Program for the
Dale Warland Singers. (Laid over from June 18)
Adopted Yeas - 6 Nays -1 (Lantry)
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.
35. Final Adoption - 03 -484 - An ordinance amending the Saint Paul Legislative Code, Appendix F,
District Heating Franchise - District Heating Development Company, and Appendix K, District Energy
Services Franchise, to grant the franchise holder legal authority to use the public right -of -way to install a
fiber optic network for use by the City of Saint Paul, the State of Minnesota, and the County of Ramsey.
(Substitute introduced on May 21) (Laid over from June 18)
Laid over to July 9 Yeas - 7 Nays - 0
36. Second Reading - 03 -595 - Amending Legislative Code Chapter 81 pertaining to storm sewer system
charges to provide for the collection of interest against the balance of such charges not paid by October
1 of the billing year and by making minor text amendments to comport with current city department
duties.
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Laid over to July 2 for third reading /public hearing
37. First Reading - 03 -622 - An ordinance finalizing City Council action granting the application of Rice
Street Properties to rezone property from I -2 to I -1 Industrial to correspond with proposed parcel lines at
801 Rice Street. (Public hearing held May 28, 2003)
Laid over to July 2 for second reading Yeas - 7 Nays - 0
PUBLIC HEARINGS
38. Resolution - 03 -623 - Approving the application for a sound level variance, with conditions, by Ron
Maddox, Taste of Minnesota, to allow amplified music at the four main stages at Harriet Island and at
the intersection of Wabasha and Water Streets from July 2 -6, 2003 from 12:00 p.m. to 11:00 p.m.
Adopted as amended Yeas - 7 Nays - 0
39. Resolution - 03 -624 - Approving the application for a sound level variance, with conditions, by
Stacy Einck, Manager, Andersen Corporation, to allow amplified music at Harriet Island for the
"Andersen Centennial" event on July 19, 2003, from 7:00 p.m. to 10:30 10:00 p.m.
Adopted as amended Yeas - 7 Nays - 0
40. Third Reading - 03 -554 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code to
permit the sale of alcohol until 2:00 a.m. by those establishments which have obtained a permit from the
State of Minnesota.
Laid over to July 2 for final adoption
• Report from Chief Finney or his designee, Saint Paul Police Department,
on the impact, if any, the 2:00 a.m. bar closing will have on the City's law enforcement. (Report
requested by the Council on June 4)
A report was presented by Chief William Finney, Saint Paul Police Department
• Report from the City Attorney on whether or not the City, in addition to the State, can also include an
additional fee on liquor licenses for the extended hour. Also, is it necessary for the City to develop a
different liquor license fee scale. (Report requested by the Council on June 4)
• Report from the City Attorney as to the City's ability to impose stricter license conditions on certain
establishments, such as certain neighborhood bars that would remain open until 2:00 a.m. (Report
requested by the Council on June 4)
A report was presented by Virginia Palmer, City Attorney's Office
41. Third Reading - 03 -555 - An ordinance amending Chapter 14 of the Saint Paul Administrative Code
to clarify that the Library Director serves at the pleasure of the Mayor, and to modify the budgetary
powers previously given to the Library Agency.
Laid over to July 2 for final adoption Yeas - 7 Nays - 0
42. Resolution - 03 -625 - Concerning adverse action against the Cigarette /Tobacco license held by Fuhr
Enterprises, Inc. dba Sunray Amoco, 344 Ruth Street.
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Adopted Yeas - 7 Nays - 0
43. Resolution - 03 -626 - Concerning adverse action against the Cigarette /Tobacco license held by
Eastern Heights Amoco, Inc., 1785 Suburban Avenue. Adopted Yeas - 7 Nays - 0
44. Resolution - 03 -627 - Authorizing the proper City officials to grant a temporary construction and
permanent utility easement to the City of Maplewood to install and operate a storm sewer on City
parkland north of Lake Phalen.
Adopted Yeas - 7 Nays - 0
45. Final Order - 03 -628 - In the matter of sidewalk reconstruction and /or new construction at West Side
Aldine Street from Marshall Avenue to Iglehart Avenue (S03001) and West Side Harvard Street from
East Baker Street to Prescott Street (S030020).
Adopted Yeas - 7 Nays - 0
46. Resolution - 03 -629 - Ordering the owner to remove or repair the building at 928 Maryland Avenue
East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
laying over to the July 15, 2003, Special Legislative Hearing and the July 23, 2003, City Council
Meeting.)
Laid over to July 23 Yeas - 7 Nays - 0
47. Appeal of Trudy May Gloe to a Summary Abatement Order at 928 Maryland Avenue East. (Laid
over from May 28) (Legislative Hearing Officer recommends denying the appeal)
Appeal denied Yeas - 7 Nays - 0
48. Appeal of Julia Althoff, on behalf of Illean Weber, to a Notice of Condemnation Order to vacate
property at 756 Juno Avenue. (Legislative Hearing Officer recommends denying the appeal of the
June 5, 2003, Revised Notice of Condemnation and Order to Vacate)
Appeal denied Yeas - 7 Nays - 0
The City Council requested that staff work with the property owner or his representative and
report back at the July 9th City Council Meeting on the current status of repairs to the property
and recommended enforcement options.
49. Resolution Ratifying Assessment - 03 -630 - In the matter of the assessment of benefits, cost and
expenses for towing of abandoned vehicles from private property at 1688 York Avenue during the
month of October, 2002 (J0301VVV); summary abatement (property cleanup) during the month of
February, 2003 for property at 928 Maryland Avenue E. (J0302AAA); boarding -up of vacant building at
928 Maryland Avenue E. during the month of February, 2003 (J0302BB); and towing of abandoned
vehicles from private property at 1607 Carroll Avenue during the month of October, 2002 (J0301 V2).
(Laid over from May 28)
(Legislative Hearing Officer recommends:
1688 York Avenue (J0301VVV) - Spreading the assessment over a five year period;
928 Maryland Avenue East (J0302AAA and J0302BB) - approving the assessments;
1607 Carroll Avenue (J0301V2) - recommendation is forthcoming approving the assessment.)
Adopted as amended (per the recommendation of the Legislative Hearing Officer)Yeas - 7Nays - 0
50. Resolution Ratifying Assessment - 03 -631 - In the matter of the assessment of benefits, costs and
expenses for summary abatements (property clean -up) for part of February 2003 to part of April 2003,
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summary abatements (snow /ice removal and /or sanding of walks) for part of February 2003 to part of
March 2003, demolitions of buildings for part of March 2003, and boarding -up of vacant buildings for
March 2003. (Files J0303A, J0302SNOW, and J030313)
(Legislative Hearing Officer recommends:
690 Central Avenue West (J0303A) - approval of the assessment;
574 State Street (J0303A) - spreading the assessment over a five -year period;
1820 Stillwater Avenue (J0302SNOW) - reducing the assessment from $195 to $75 plus the $45
administrative fees for a total assessment of $120;
595 Edmund Avenue (J0303A) - laying over to the July 8, 2003, Legislative Hearing;
1237 Matilda Street (J0303A) - laying over to the June 23, 2003, Legislative Hearing;
1374 Ames Avenue (J0303A) - approval of the assessment;
958 Bradley Street (J0302SNOW) - approval of the assessment;
817 Dayton Avenue (J0303A) - approval of the assessment;
994 Earl Street (J0303A) - approval of the assessment;
1093 Hudson Road (J0303A) - approval of the assessment;
983 James Avenue (J0303A) - approval of the assessment;
604 Jessamine Avenue East (J0303A) - approval of the assessment;
1848 Seventh Street West (J0302SNOW) - approval of the assessment;
659 Western Avenue North (J0302SNOW) - approval of the assessment;
124 Winter Street (J0302SNOW) - approval of the assessment.)
In addition, the City Council took the following action:
422 Jessamine Avenue East (J0303A) (laid over to the July 8, 2003, Legislative Hearing and the
July 23, 2003 City Council Meeting)
Adopted as amended Yeas - 6 Nays - 0
(Benanav not present for vote)
51. Resolution Ratifying Assessment - 03 -632 - In the matter of approving the assessment of benefits,
costs and expenses for the construction of a water service connection in conjunction with the
Knapp /Hillside Area RSVP Project. (File No. 18930WC)
Adopted Yeas - 5 Nays - 0
(Benanav and Coleman not present for vote)
52. Resolution Ratifying Assessment - 03 -633 - In the matter of approving the assessment of benefits,
costs and expenses for the construction of sanitary sewer connections and a storm sewer connection in
conjunction with the Knapp/Hillside Area RSVP Project. (File No. 18930SC)
Adopted Yeas - 5 Nays - 0
(Benanav and Coleman not present for vote)
53 Public hearing to consider the application of Erin Mathern, Mendota Homes, for a preliminary and
final plat creating ten lots for single family (R -3) development known as Montana Woods at 1537 Fisk
Street (southwest corner of Fisk Street and Hoyt Avenue).
Laid over to July 2 Yeas - 7 Nays - 0
The City Council requested staff to work with the community, the developer and the Capitol
Regional Watershed District and report back at the July 2 City Council Meeting.
54. Public hearing to consider the application of David Goldsmith to rezone property from OS -1 (Office
Service) to RT -1 (Two Family Residential) to allow for conversion of a building from commercial -
office to residential at 124 East Page Street.
Motion of Intent - Application granted Yeas - 6 Nays - 0 (Coleman)
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MISCELLANEOUS
55. Recognizing Nancy Anderson on her retirement following 38 years of service to the City of Saint
Paul and as the current Assistant Secretary to the City Council.
Nancy Anderson was recognized for her years of City service.
Suspension Items
Resolution - 03 -634 - Recognizing Nancy Anderson for 38 years of service to the City of Saint Paul and
declaring Friday, June 27, 2003 as Nancy Anderson Day.
Adopted Yeas - 7 Nays - 0
Resolution - 03 -635 - Establishing a 2003 financing and spending plan for Police Department services to
the Amherst H. Wilder Foundation for zero tolerance patrols at the Thomas /Dale- Frogtown Weed and
Seed site.
Adopted Yeas - 7 Nays - 0
Resolution - 03 -636 - Establishing a 2003 financing and spending plan Police Department services
provided to the Amherst H. Wilder Foundation for zero tolerance patrols in the Rivertown Commons
complexes and grounds.
Adopted Yeas - 7 Nays - 0
Resolution - 03 - 637 - Honoring the achievements of the Saint Paul Youth Skatepark Task Force and
inviting the community to the grand opening celebration of the Front Skatepark on Saturday, June 28,
2003 from 11:00 a.m. to 2:00 p.m.
Adopted Yeas - 7 Nays - 0
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