Minutes 9-24-2003Page 1 of 7
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, September 24, 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
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• Suspension Items
• For Discussion
• Ordinances
• Public Hearings
Present - 5 - Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 2 - Blakey (excused), Benanav (arrived after Roll Call)
CONSENT AGENDA (Items 1 - 21)
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 communications were read into the record:
Letter from the Department of Planning and Economic Development announcing a public hearing before
the City Council on October 1, 2003, to consider the application of Stonebridge Development and
Acquisition LLC for a combined plat to create four lots for new residential development at Davern St.,
Norfolk Ave.. W. 7th St.. and Munster Ave.
Letter from the Department of Planning and Economic Development announcing a public hearing before
the City Council on October 1, 2003, to consider the application of Twin Cities Habitat for Humanity for
a combined plat to create ten (10) residential lots and two (2) outlots on the Northwest corner of
Mississippi Street and Hyacinth Avenue.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_121958\Minutes 9 -... 12/15/2010
Page 2 of 7
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of James Egan, Kuehn Excavating, Tammy Hatter (Manager for Georgetown Park), John F.
Krebsbach Jr. (for Sel -Dale Laundromat), Kathleen Marlowe, Padden & Associates (for Greg Rogers
and Renee McKinney), Barbara Sarapas, and Michelle and Maurice Windham.
Referred to Risk Management
2. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
Wednesday, October 1, 2003, concerning the report of the Administrative Law Judge regarding the Malt
Off -Sale License Application submitted by Chanh Yang d /b /a Super Convenience Store, 922 Thomas
Avenue.
3. Letter from the Office of the City Attorney announcing a continued hearing before an Administrative
Law Judge for October 13, 2003, at 9:30 a.m., in Room 41, Saint Paul City Hall, 15 W. Kellogg
Boulevard, concerning the Taxicab Vehicle Licenses held by American Taxicab Service Corporation,
d/b /a Americab.
4. Letter from the Office of the City Attorney announcing a continued hearing before an Administrative
Law Judge for Thursday, October 23, 2003, 9:30 a.m., in Room 220 of the Saint Paul City Hall, 15 W.
Kellogg Boulevard, concerning the License Application submitted by Mai Yia Lee d /b /a Samosone
Restaurant for the premises located at 1177 Clarence Street in Saint Paul.
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
Osama Abdalla, Ahmed Ahmed, Said Ahmed, Abdirahman Aideed, Sheikh -Nur Barake, Joseph Boeltl,
Vasilios Daravingas, James Dupre, Warsame Elmi, Craig Empey, William Gunlogson, John
Hammerschmidt, Abdirahman Hassan, Paul Holmes, Richard McGuire, Samatar Mohamed, Nasir Nur,
Dennis Rector, Farah Sirad, Tommy Spann, George Toby, and David Ziegler.
6. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing date before the City Council of Wednesday, October 1, 2003, to consider 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.
7. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing date before the City Council of Wednesday, October 1, 2003, to consider 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.
8. Letter from the Saint Paul Police Department announcing a public hearing before the City Council on
October 22, 2003, to consider the 2003 Proposal for Collaborative Use of the 2003 Local Law
Enforcement Block Grant.
9. Administrative Orders:
D002328 Authorizing an in -house training session combined with the annual staff recognition event
funded by The Friends of the Library, the Perrie Jones Library Fund.
D002329 Amending the 2003 Budget of the Information Services - General Fund as a result of an
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_121958\Minutes 9 -... 12/15/2010
Page 3 of 7
unexpected vacancy.
Noted as on file in the City Clerk's Office
FOR ACTION
10. Approval of minutes for September 10 and 17, 2003.
Adopted Yeas - 6 Nays - 0
11. Resolution - 03 -849 - Authorizing the Police Department to enter into an agreement with
Independent School District 4625 to continue to provide the School Resource Officer to students in the
City of Saint Paul from July 1, 2003 through December 31, 2003.
Adopted Yeas - 6 Nays - 0
12. Resolution - 03 -850 - Accepting a donation from Lifetime Fitness of used and discarded exercise
equipment to the Police Department, valued up to $20,000.
Adopted Yeas - 6 Nays - 0
13. Resolution - 03 -851 - Accepting a donation of materials and labor from the neighborhood to create
the Community Gate Sculpture at the North High Bridge Park.
Adopted Yeas - 6 Nays - 0
14. Resolution - 03 -852 - Amending CT 03 -783 and granting 180 days for the rehabilitation of the
nuisance property at 487 Bay Street.
Adopted as amended (90 days granted for rehabilitation)
Yeas - 6 Nays - 0
15. Resolution - 03 -853 - Amending C.F. 02 -197 which allows a City PERA contribution for the
Executive Assistant to the Mayor to be paid into the City's Deferred Compensation Plan and /or the
City's Post Employment health plan and also to extend to all employees not eligible to pay into PERA.
Adopted Yeas - 6 Nays - 0
16. Resolution - 03 -854 - Accepting ownership of six computers, a printer and related items purchased
for use as a computer lab at the Martin Luther King Center in Saint Paul with grant money donated by
3M
Adopted Yeas - 6 Nays - 0
17. Resolution - 03 -855 - Authorizing the City of Saint Paul to transfer ownership of a mural to Hallie
Q. Brown for display in the Martin Luther King Recreation Center. Adopted Yeas - 6 Nays - 0
18. Resolution - 03 -856 - Approving the September 9, 2003, decisions of the Legislative Hearing
Officer on appeals of Letters of Deficiency, Correction Notices, and Correction Orders for the following
addresses: 565 Kent Street and 345 Wabasha Street North.
Adopted Yeas - 6 Nays - 0
19. Resolution - 03 -857 - Releasing slope easements along Norfolk Avenue, Davern Street and Munster
Avenue.
Adopted Yeas - 6 Nays - 0
20. Resolution 03 -858 - Amending the 2003 Budget to include a donation of $7,000 from the Captiol
Region Watershed District (CRWD) and authorizing the Mayor and property City officials to enter into
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_121958\Minutes 9 -... 12/15/2010
Page 4 of 7
a cooperative agreement regarding the donation.
Adopted Yeas - 6 Nays - 0
21. Resolution - 03 -859 - Authorizing the use of funds in the Traffic, Signal and Lighting Maintenance
fund (240) to be used to offset the purchase of new air conditioners for the Public Works Traffic
Operations building.
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
22. Resolution - 03 -242 - Approving the appointments, by Mayor Kelly, of Anthony Coletta and Dan
Scott, and the reappointments of Matt Anfang, Carole Murphy Faricy, Richard Kramer, and Christine
Zimmer Lonetti to the Planning Commission. (Laid over from March 26) (A report was requested from
the Administration pertaining to term limits for Planning Commission appointments and geographic
diversity. Also, an opinion was requested from the City Attorney on this issue.)
Laid over to October 8 Yeas - 6 Nays - 0
23. Resolution - 03 -763 - Approving the appointments, by Mayor Kelly, of Tim Fuller and Richard
Nicholson, and the reappointments of Susan Bartlett Foote, Gar Hargens, and Lee Meyer to the Heritage
Preservation Commission.
(Laid over from September 24)
Adopted as amended Yeas - 5 Nays -1 (Reiter)
24. Report from Bruce Beese, John Maczko, Department of Public Works, on the projects that may be
eliminated or postponed due to using $350,000 of MSA funds for the Environmental Impact Statement
for Ayd Mill Road and also identify the financing plan for the 2003 paving overlay. (Report requested
by Council on September 3; C.F. 03 -806; laid over from September 17)
A report was presented by John Maczko, Department of Public Works
25. Resolution - 03 -675 - Memorializing City Council action taken January 8, 2003, upholding a
decision of the TISH Board concerning adverse action against the TISH license held by Ronald Staeheli.
(Laid over from August 6; recalled and laid over September 17)
Adopted Yeas - 6 Nays - 0
26. Final action on the Proposed Settlement regarding Gopher State Ethanol. (Laid over from September
17)
See Suspension Item C. F. 03 -846
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.
None.
Councilmember Coleman was excused from the meeting at this time.
fileJ /C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_121958\Minutes 9 -... 12/15/2010
Page 5 of 7
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
27. Third Reading - 03 -832 - An ordinance amending interim ordinance Council File 01 -648, adopted
November 20, 2000, 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.
(Dollar Tree Store).
Laid over to October 1, 2003 for final adoption
28. Resolution 03 -860 - Approving the application of Daniel Burns, homeowner at 230 Mississippi
River Blvd., for a sound level variance to allow amplified music played by a disc jockey under a tent
during a wedding reception on September 27 -28 from 8:30 p.m. to 12:00 midnight.
Adopted Yeas - 5 Nays - 0
29. Resolution - 03 -861 - Approving the petition of the Housing and Redevelopment Authority to vacate
part of Blocks 10 and 11, Holmcroft Addition to facilitate residential and commercial development for
the Gateway Village Project.
Adopted Yeas - 5 Nays - 0
30. Resolution - 03 -862 - Approving the petition of Darcy and Ann Tinnes to vacate part of the alley in
Block 21, Lane's Highland Park, to facilitate construction of a garage.
Adopted Yeas - 5 Nays - 0
31. Resolution - 03 -863 - Amending the Tax Increment Financing Plan and expansion of the Tax
Increment Financing District No. 1 (North Quadrant) to include the properties located at 215 East Ninth
Street and 230 East Tenth Street to allow tax increments generated from both projects to be used to
assist in the financing of the Lyon's Court Project.
Adopted Yeas - 5 Nays - 0
32. Appeal of Innocent Mbah to a Notice of Condemnation for property at 330 Cottage Avenue West
4G2. (Legislative Hearing Officer recommends granting the appeal and lifting the condemnation)
Appeal granted Yeas - 5 Nays - 0
33. Final Order - 03 -791 - In the matter of new sidewalk construction on the east side of Aldine Street
from Marshall Avenue to Iglehart Avenue. (File No. S03004) (Laid over from September 3)
Adopted Yeas - 5 Nays - 0
34. Final Order - 03 -864 - In the matter of the operating costs for the Above Standard Street Lighting
Systems for 2004 for projects in Wards 1, 2, 3, 4, and 7.
Laid over to October 8 Yeas - 5 Nays - 0
35. Final Order - 03 -865 - In the matter of the operating costs for the Above Standard Street lighting
Systems (3 & 5 globe) for 2004 for the west side of Wacouta Street from East 7th Street to East 8th
Street; the south side of East 8th Street from Wacouta Street to Temperance Street; the north side of
Temperance Street from East 8th Street to East 9th Street; the south side of East 9th Street from Sibley
Street to Temperance Street; and the west side of Sibley Street from East 8th Street to East 9th Street to
become part of the Lowertown Area. (File No. 18993)
Adopted Yeas - 5 Nays - 0
36. Final Order - 03 -866 - In the matter of the operating costs for the Above Standard Street lighting
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_121958\Minutes 9 -... 12/15/2010
Page 6 of 7
Systems (twin acorn) for 2004 for both sides of East 7th Street from Wacouta Street to Temperance
Street; north side of East 7th Street from Temperance Street to approximately 60 feet west of
Temperance Street, and the south side of East 7th Street from Temperance Street to Jackson Street to
become part of the new Downtown Acorn Area. (File No. 18994)
Laid over to October 8 Yeas - 5 Nays - 0
37. Final Order in Condemnation Proceedings - 03 -867 - In the matter of acquiring permanent easements
for right -of -way purposes and temporary construction easements for the construction of Phalen
Boulevard between Arcade Street and Johnson Parkway. (File No. AE2003 -7)
Adopted Yeas - 5 Nays - 0
38. Resolution Ratifying Assessment - 03 -868 - In the matter of the assessment of benefits, cost and
expenses for the operation of Above Standard Street Lighting Systems in Wards 1, 2, 3, 4 and 7 for the
months of January through December, 2003.
Adopted as amended Yeas - 5 Nays - 0
File #18390 (Ford - Cleveland Area Above Standard Street Lighting System) Laid over to October
8
Yeas - 5Nays - 0
Suspension Items
The City Council honored Assistant Fire Chief Alan G. Bataglia, Department of Fire and Safety
Services, upon his upcoming retirement and thanked him for 31 years of service.
Resolution - 03 -846 - Approving the proposed Stipulation and Order recommended by the City Attorney
related to Litigation against Gopher State Ethanol, LLC.
Adopted Yeas - 6 Nays - 0
Resolution - 03 -869 - Clarifying and providing for extending the interim ordinance established in
Council Files 01 -646 and 01 -648, and as contemplated in Council File 02 -514, for the additional
eighteen month period permitted by Minn. Stat. 462.355, Subd. 4, under a separate ordinance and that
pending the adoption of that separate ordinance, the regulations governing the issuance or approval of
the zoning and building permits within the Arcade Street Study Area established in Council File 01 -648
shall remain in full force and effect.
Adopted Yeas - 5 Nays - 0
Council Meeting Information
Website:
For an updated copy of the City Council Meeting agendas or minutes, please visit our website at
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.
fileJ /C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_121958\Minutes 9 -... 12/15/2010
Page 7 of 7
(Subject to change). Also, the City Council and HKA 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 S: 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.
fileJ /C:ADOCUME- 1 \LFSUPP -1 \LOCALS -1\ Temp \ELF20101215_121958\Minutes 9 -... 12/15/2010