Minutes 7-23-2003Page 1 of 6
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, July 23, 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
Mary Erickson - 651- 266 -8565
Chris Rider - 651- 266 -8633
Office of the City Council
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Public Hearings
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items I - 8)
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.
The following communication was read into the record:
Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on August 6, 2003, to consider the application for a sound level
variance by Tom Scanlon, President and Owner of The Dubliner Pub, 2162 University Avenue
West, to allow live Irish music in the parking lot on August 19, 2003 from 6:00 p.m. to 12:00
midnight.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
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1. Claims of Thomas and Debra Hoerchler, Marilyn Hull, James Scheuring, and Lo Yang.
Referred to the Risk Management Division
2. Summons and Complaint in the matter of Robyn Marshall v. the City of Saint Paul.
Referred to the City Attorney's Office
3. Administrative Order:
D002314 Authorizing use of Mayor's Contingency for necessary information services expenditures in
the Department of Financial Services.
Noted as on file in the City Clerk's Office
FOR ACTION
4. Resolution - 03 -688 - Declaring Wednesday, July 23, 2003, to be Tod Leiweke Day in the City of
Saint Paul.
Adopted Yeas - 7 Nays - 0
5. Resolution - 03 -689 - Authorizing payment, not to exceed $1,000.00, from the budget of Marketing
and Promotions Division to defray costs associated with the Ramsey County Fair on July 9 -13, 2003,
and to showcase Saint Paul.
Adopted Yeas - 7 Nays - 0
6. Resolution - 03 -690 - Establishing the rate of pay for the new classification titled Water Plant Worker.
Adopted Yeas - 7 Nays - 0
7. Resolution - 03 -691 - Authorizing the Department of Fire and Safety Services to enter into a
hazardous materials emergency response contract with the State of Minnesota, Department of Public
Safety.
Adopted Yeas - 7 Nays - 0
8. Resolution - 03 -692 - Authorizing the Risk Management Division to enter into a contract with an
outside vendor to perform ergonomic assessments of City employee work sites in accordance with the
Americans with Disabilities Act (ADA).
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
9. Report from the Administration on the following issues pertaining to the Police Headquarters Project,
Meritex lot, and Car -Lo Building: (Report requested by the City Council on June 25; laid over from July
9)
• 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;
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• a comprehensive financing and spending plan for the Police Headquarters and Emergency
Communications project, including past, current and future phases.
A report was presented by Bob Geurs, Department of Planning and Economic Development. A
written update will be provided to the Council by Mr. Geurs.
10. Resolution - 03 -682 - Approving the adjusted mid -year 2003 budget. (Laid over from July 16)
Adopted Yeas - 6 Nays - 0 (Blakey not present for vote)
11. Resolution - 03 -683 - Approving Round 1 of the Local Government Aid adjusted mid -year 2003
budget. (Laid over from July 16)
Adopted Yeas - 6 Nays - 0 (Blakey not present for vote)
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.
12. 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 July 9)
Adopted Yeas - 5 Nays - 0 Abstention -1 (Harris) (Blakey not present for vote)
13. Second Reading - 03 -685 - An ordinance amending Chapter 9 of the Saint Paul Administrative Code
to be in accordance with Chapter 12 of the Saint Paul City Charter regarding the Department of Fire and
Safety Services.
Laid over to August 6 for third reading /public hearing
14. Second Reading - 03 -686 - An ordinance amending Chapter 55 of the Saint Paul Legislative Code
adopting the new Minnesota State Fire Code with certain amendments to address omissions in the
State's new fire code regarding overcrowding, fire watch and standards of care.
Laid over to August 6 for third reading /public hearing
15. Second Reading - 03 -687 - An ordinance amending Chapter 410 to permit sale of on -sale 3.2 malt
liquor until 2:00 a.m. by those establishments which have obtained a permit from the state.
Laid over to August 6 for third reading /public hearing
16. First Reading - 03 -693 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code to
create a license to allow a brewpub to sell off -sale as permitted by state law.
Laid over to August 6 for second reading
17. First Reading - 03 -694 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code to
create a fee for a brewpub /off -sale license.
Laid over to August 6 for second reading
18. First Reading - 03 -695 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code to
increase the transaction fee for pawn shop transactions.
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Laid over to August 6 for second reading
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
Councilmember Coleman was excused from the meeting at this time.
19. Third Reading - 03 -673 - An ordinance amending interim ordinance C.F. 01 -648, adopted November
20, 2000, approving an exemption from the Arcade moratorium for the Hmong American Partnership's
new building located at 1075 Arcade Street.
Laid over to August 6 for final adoption
20. Resolution - 03 -700 - Approving the application of Steve Cerkvenik, Irish Fair of Minnesota, for a
sound level variance to allow outdoor amplified acoustic music on the Great Stairs and the Target Stage
at Harriet Island Park, 157 Water Street West, on August 8, 2003 from 5:00 p.m. to 11:00 p.m., August
9, 2003 from 10:00 a.m. to 11:00 p.m., and August 10, 2003 from 11:00 a.m. to 8:00 p.m.
Adopted Yeas - 6 Nays - 0
21. 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. (Laid over from June 25) (Legislative
Hearing Officer recommends laying over to the August 6, 2003 City Council meeting)
Laid over to August 6, 2003 Yeas - 6 Nays - 0
22. Resolution - 03 -696 - Ordering the owner to remove or repair the building at 837 4th Street East
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer's recommendation
is forthcoming)
Laid over to the August 12 Legislative Hearing and the August 27 City Council meeting (per the
recommendation of the Legislative Hearing Officer)
Yeas - 6 Nays - 0
23. Resolution - 03 -697 - Ordering the owner to remove or repair the building at 1819 Sheridan Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 6 Nays - 0
24. Resolution Ratifying Assessment - 03 -674 - In the matter of the assessment of benefits, cost and
expenses for summary abatements (property clean -up) during the month of February, 2003, for property
at 1004 Bush Avenue (J0302AA) (Laid over from July 2, 2003) (Legislative Hearing Officer
recommends approval) Adopted Yeas - 6 Nays - 0
25. Resolution Ratifying Assessment - 03 -698 - In the matter of the assessment of benefits, cost and
expenses for summary abatements (property clean -up) during the month of March, 2003 for property at
595 Edmund Avenue (J0303A1) and 422 Jessamine Avenue East (J0303A3) (Laid over from June 25)
(Legislative Hearing Officer recommends the following:
595 Edmund Avenue - Reducing the assessment from $297.00 to $152.00 plus the $45.00
administrative fees for a total assessment of $197.00;
422 Jessamine Avenue East - Approval of the assessment)
Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 6 Nays -
0
26. Resolution Ratifying Assessment - 03 -699 - In the matter of the assessment of benefits, cost and
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expenses for providing weekly garbage hauling service for the first quarter of 2003 (J03TRASHIQ), and
summary abatements (property clean -up) for part of April of 2003 (J0304A).
(Legislative Hearing Officer recommends the following:
483 Arlington Avenue East (J0304A) - Approval of the assessment;
104 Larpenteur Avenue West (J03TRASHlQ) - Reducing the assessment from $120.00 to $50.00
plus the $20.00 service fee for a total assessment of $70.00;
106 Manitoba Avenue - (J0304A) - Approval of the assessment;
876 Rice Sreet (J0304A) - Approval of the assessment;
1094 Ross Avenue (J0304A) - Approval of the assessment)
Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 6 Nays -
0
27. Public hearing to consider the report of the Administrative Law Judge concerning all licenses held
by Cab's Pub & Eatery, Inc. 992 Arcade Street.
Adopted the Findings of Fact, Conclusions of Law and Recommendation of the Administrative
Law Judge ($500 fine imposed plus payment of one -half of the Administrative Law Judge Hearing
fees) Yeas - 6 Nays - 0
28. Public hearing to consider the report of the Administrative Law Judge regarding the renewal
application for a Saint Paul Taxicab Driver's License by James P. Rejsa.
Adopted the Findings of Fact, Conclusions of Law and Recommendation of the Administrative
Law Judge (application denied)
Yeas - 4 Nays - 2 (Benanav, Reiter)
29. Public hearing 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 Streets.
Motion of Intent - Appeal granted Yeas - 6 Nays - 0
30. Public hearing to consider the application of Eastside Neighborhood Development Co. and Mary
Morelli to rezone property from RT -1 (Two Family Residential District) to B -2 (Community Business
District) to permit retail uses, offices and residential uses at 565 and 573 Payne Avenue, northwest
corner of Hopkins Street.
Motion of Intent - Application granted Yeas - 6 Nays - 0
31. Public hearing to consider the application of Thomas DeLisle to rezone property from OS -1 (Local
Office Service District) to B -1 (Local Business District) to permit a grocery /deli and residential units at
1236 East 7th Street, southwest corner of Atlantic Street.
Motion of Intent - Application Denied Yeas - 4 Nays - 2 (Blakey, Reiter)
32. Public hearing to consider the application of Mike Kelly to rezone property from
R -4 (one - family residential) to B -2 (community business) at 268 Cleveland Avenue South (at Berkley
one block south of St. Clair).
Motion of Intent - Application Denied Yeas - 6 Nays - 0
Reconsidered Item:
Resolution - 03 -684 - Relating to the construction and financing of a new Fire Station No. 8, Department
of Fire and Safety Services.
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Failed on July 16
Reconsidered, amended and adopted
Yeas - 4 Nays - 3 (Benanav, Blakey, Lantry)
REMINDER: THERE WILL NOT BE A CITY COUNCIL MEETING ON JULY 30 SINCE IT
IS THE FIFTH WEDNESDAY OF THE MONTH.
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