Minutes 9-3-2003Page 1 of 8
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, September 3, 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 - 266 -8633
Office of the City Council
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Public Hearings
• Suspension Items
Present - 4 - Benanav, Blakey, Bostrom, Lantry
Absent - 3 - Reiter (excused), Coleman, Harris (arrived after the consent agenda)
CONSENT AGENDA (Items 1 - 27)
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 Richard Hollman, and Timothy Smith.
Referred to the Risk Management Division
2. Summons and Complaint in the matter of the St. Paul Police Federation and Denielle Schmidt v. the
City of Saint Paul, et al.
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Referred to the City Attorney's Office
3. Petition in Condemnation and Motion for Transfer of Title and Possession and Notice of Hearing on
Petition and Condemnation and Motion for Transfer of Title and Possession in the matter of the HRA v.
Mahmood Hassan, et al. (719 Burr Street)
Referred to the City Attorney's Office
4.. Letter from the Real Estate Division announcing a public hearing before the City Council on
September 24, 2003 to consider 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.
5. Administrative Orders:
D002324 Amending the 2003 budget in the Department of Planning and Economic Development to
reflect the allocation of STAR funds awarded through the Neighborhood Investment Initiative Program.
D002325 Transferring spending authority between line items in the Public Works Engineering Fund for
2003.
D002326 Authorizing the Police Department to remit payment for travel for the Chair of the Police -
Civilian Internal affairs Review Commission (a non -city employee) to attend the "National Association
of Civilian Oversight of Law Enforcement" annual conference in Los Angeles from September 21 -24,
2003.
Noted as on file in the City Clerk's Office
FOR ACTION
6. Approval of minutes of August 20, 2003.
Adopted Yeas - 4 Nays - 0
7. Resolution - 03 -794 - Approving the reappointments of Mary Brunkow, Michael Chanaka, Douglas
Hubbard, Greg Lambert, Howard Orenstein, Shelley Rose, and Tene Wells, by Mayor Kelly, to the
Workforce Investment Board.
Adopted Yeas - 4 Nays - 0
8. Resolution - 03 -795 - Concerning adverse action against the taxicab driver license application
submitted by Alonzo Crenshaw.
Adopted Yeas - 4 Nays - 0
9. Resolution - 03 -796 - Accepting a donation in the amount of $1,413.00 from the Boys and Girls Club
of the Twin Cities for a City of Saint Paul Police Department law enforcement representative to attend
the 6th Annual Crime Prevention Conference in Washington, D.C., on October 11 -14, 2003.
Adopted Yeas - 4 Nays - 0
10. Resolution - 03 -797 - Accepting a Strike Force grant from the State of Minnesota and authorizing
the proper City officials to implement and enter into an agreement with the State of Minnesota for the
period of July 1, 2003 through June 30, 2004.
Adopted Yeas - 4 Nays - 0
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11. Resolution - 03 -798 - Authorizing a spending plan in the Division of Parks and Recreation for
additional funding received in donations for the design and construction of a sign for the Two Rivers
Scenic Overlook Project.
Adopted Yeas - 4 Nays - 0
12. Resolution - 03 -799 - Authorizing the City of Saint Paul, Division of Parks and Recreation, to accept
a monument from the Hamm's Club, Inc. to be placed in Como Park.
Laid over to September 17 Yeas - 6 Nays - 0
(The Division of Parks and Recreation was requested to make further recommendations to the
Council for the placement of the monument)
13. Resolution - 03 -800 - Authorizing the proper City officials to accept and establish a finance and
spending plan for two grants of $500,000 ($1 million total) from the Ramsey County Soccer Partners
Program.
Adopted Yeas - 4 Nays - 0
14. Resolution - 03 -801- Authorizing the addition of $100,000 STAR grant funding for the Como
Education Resource Center.
Adopted Yeas - 4 Nays - 0
15. Resolution - 03 -802 - Authorizing a spending plan for a Federal Recreation Trail Program Grant,
administered by the MN Department of Natural Resources, for the repair /construction of 1,000 linear
feet of trails in Swede Hollow Park.
Adopted Yeas - 4 Nays - 0
16. Resolution - 03 -803 - Amending the 2002 Capital Projects Budget to increase spending authority of
STAR funding in the amount of $600,000 for the Indoor Farmer's Market.
Adopted Yeas - 4 Nays - 0
17. Resolution - 03 -804 - Amending the 2003 Capital Projects Budget to increase spending authority of
STAR funding in future pledges in the amount $235,000 for the Outdoor Farmer's Market.
Adopted Yeas - 4 Nays - 0
18. Resolution - 03 -805 - Memorializing City Council action taken July 23, 2003, denying the rezoning
petition of Mike Kelly for property at 268 S. Cleveland Avenue.
Adopted Yeas - 4 Nays - 0
19. Resolution - 03 -806 - Approving the transfer of MSA funds in the amount of $350,000 for the
required final Environmental Impact Statement for Ayd Mill Road.
Adopted as amended Yeas - 6 Nays - 0
(The Council requested that Public Works provide a report at the September 17 Council meeting
on the projects that may be eliminated or postponed due to using the $350,000 MSA funds for the
Environmental Impact Statement and also identify the financing plan for the 2003 paving overlay
for Ayd Mill Road)
20. Resolution - 03 -807 - Amending the spending and financing plan of the Local Street, Sewer and
Alley Improvement project in the Department of Public Works for the Livingston - Fairfield to Plato
Proj ect.
Adopted Yeas - 4 Nays - 0
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21. Resolution - 03 -808 - Amending the spending and financing plan in the Department of Planning and
Economic Development Public Works for the Highwood Sewer Project.
Adopted Yeas - 4 Nays - 0
22. Resolution - 03 -809 - Amending the spending and financing plan of the 2002 Signal Installation
Program in the Department of Public Works by adding $32,400 from the Minnesota Department of
Transportation for the W. 7th Street (Trunk Highway 5) at Albion signal.
Adopted Yeas - 4 Nays - 0
23. Resolution - 03 -810 - Amending the 2003 Capital Improvement Budget to reflect reduced 2003
Sidewalk Reconstruction Program financing and spending.
Adopted Yeas - 4 Nays - 0
24. Resolution - 03 -811 - Amending CF 4 02 -233 to correct the legal description of vacated property at
Wheeler Street, Munster and Graham Avenues.
Adopted Yeas - 4 Nays - 0
25. Resolution - 03 -812 - Ratifying the City Council's intent to acquire the Meritex Property by use of
eminent domain, including "quick- take" proceedings, the financing for these proceedings, giving
authority to acquire certain property from BNSF and to convey a portion of the same to Meritex to
mitigate damages caused by taking Meritex's property, and if required by the MPCA, to remediate
environmental conditions on the property acquired from BNSF.
Laid over to September 10 Yeas - 6 Nays - 0
(The Council scheduled a closed door session on September 10 at 1:00 p.m. on this issue)
26. Resolution Approving Assessments - 03 -813 - In the matter of the assessment of benefits, cost and
expenses for summary abatements (property clean -up) during the months of May and June, 2003 and
summary abatement (property clean -up) during the month of July, 2003, and setting date of public
hearing for October 22, 2003. (File Nos. J0305A and J0306A).
Adopted Yeas - 4 Nays - 0
27. Resolution Approving Assessments - 03 -814 - In the matter of the assessment of benefits, cost and
expenses for demolition of vacant buildings during the months of May and July, 2003 (J0303C);
providing weekly garbage hauling service for the second quarter of 2003 (J03TRASH2Q); boarding up
vacant buildings during April, May and June, 2003 (J0304B); and towing abandoned vehicles from
private property during the months of November and December, 2002 (J0302V), and setting date of
public hearing for October 22, 2003. Adopted Yeas - 4 Nays - 0
FOR DISCUSSION
28. Report from the Office of License, Inspections and Environmental Protection on the effectiveness of
Ordinance 03 -440, adopted June 4, 2003, imposing administrative penalties for dogs which repeatedly
run at large, to provide a method for destruction of dogs declared to be a nuisance, and to provide
incentives for having dogs neutered or spayed. (Report requested by the Council on June 4, 2003)
A report was presented by Bill Stephenson, Office of LIEP
29. 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. (Laid over from August 27) (Legislative Hearing
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Officer recommends granting the owner six months to complete rehabilitation provided a work plan is
reviewed and approved by Code Enforcement and the Legislative Hearing Officer by noon on
September 3)
Adopted as amended (owner granted 90 days to complete rehabilitation)
Yeas - 6 Nays - 0
(The Council requested a progress report be provided by the Legislative Hearing Officer on
December 3, 2003)
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.
30. Final Adoption - 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. Adopted Yeas - 6 Nays - 0
31. Final Adoption - 03 -694 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code to
create a fee for a brewpub /off -sale license.
Adopted Yeas - 6 Nays - 0
32. Final Adoption - 03 -695 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code to
increase the transaction fee for pawn shop transactions.
Adopted Yeas - 6 Nays - 0
33. Final Adoption - 03 -727 - An ordinance amending Chapter 91 of the Saint Paul Legislative Code to
add a $15.00 administrative fee to delinquent water and sewer charges that are certified to the county
auditor.
Adopted Yeas - 6 Nays - 0
34. Final Adoption - 03 -728 - An ordinance amending Chapter 370 of the Saint Paul Legislative Code to
avoid preemption of city competency card requirements for steamfitting and piping installation by
clarifying the definitions of pressure involved.
Adopted Yeas - 6 Nays - 0
35. Final Adoption - 03 -729 - An ordinance finalizing City Council action approving the petition 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.
Adopted Yeas - 6 Nays - 0
36. Final Adoption - 03 -735 - An ordinance amending Council File 02 -116, 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.
Adopted Yeas - 6 Nays - 0
37. Final Adoption - 03 -748 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to zoning for the City of Saint and the zoning maps thereof for Mendota Homes, Inc. to
rezone property at 1071 Cleveland Avenue.
Adopted Yeas - 6 Nays - 0
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38. Second Reading - 03 -778 - An ordinance memorializing City Council action amending Chapter 60
of the Saint Paul Legislative Code pertaining to zoning for the City of Saint and the zoning maps thereof
for Mary Morelli and the East Side Neighborhood Development Company to rezone property at 565 and
573 Payne Avenue. (Public hearing held July 23, 2003)
Laid over to September 10 for third reading
PUBLIC HEARINGS
(Councilmember Blakey was not present for the votes on Items 39 through 50)
39. Resolution - 03 -815 - Approving the petition of Metro State University to vacate overhead space
across East Seventh Street southwesterly of Maria to facilitate construction of a skyway.
Adopted Yeas - 5 Nays - 0
40. Resolution - 03 -816 - Ordering the owner to remove or repair the building at 1956 Feronia Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting
the owner 180 days to complete the rehabilitation provided the $2,000 bond is posted by noon on
September 3)
Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 5 Nays -
0
41. Appeal of Kelly Brisson to a Revised Notice of Condemnation for property at 297 Burgess Street.
(Legislative Hearing Officer recommends lifting the condemnation for Unit 1 (downstairs unit) on the
Revised Notice of Condemnation and Order to Vacate dated August 12. Unit 2 (upstairs unit) is
condemned unless the following is completed by noon on September 3: 1) the electrical, roof, and
window permits are closed out, and 2) Items 13 through 24 are completed)
Appeal Granted Yeas - 5 Nays - 0
42, Appeal of Mark Underdahl to a Notice of Condemnation and Order to Vacate for property at 925
East Cook Avenue. (Legislative Hearing Officer recommends changing the vacate date to September 15,
2003 for the entire building)
Appeal Denied (vacate date changed to September 15, 2003)
Yeas - 5 Nays - 0
43. Resolution - 03 -817 - Approving the petition of the Housing and Redevelopment Authority to vacate
parts of Hopkins Street, Petit Street and Kenny Lane lying easterly of Payne Avenue and to vacate and
convey to the Housing and Redevelopment Authority part of Lots 4, 5 and 6 Greve's Rearrangement of
Lots 6 and 7 and part of 5, 8, 9 and 10, Block 1 Brunson's Addition for the construction and sale of eight
(8) row house.
Adopted Yeas - 5 Nays - 0
44. Resolution - 03 -818 - Authorizing the Housing and Redevelopment Authority to issue tax increment
revenue bonds and authorizing the preparation of necessary documents and material in connection with
the Gateway Rental Project for a proposal for a financing program for a multi - family rental housing
development, and giving preliminary approval to the project and the program.
Adopted Yeas - 5 Nays - 0
45. Resolution - 03 -819 - Authorizing the Housing and Redevelopment Authority to issue tax increment
revenue bonds and authorizing the preparation of necessary documents and material in connection with
the Gateway Senior Rental Project for a proposal for a financing program for a multi - family rental
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housing development, and giving preliminary approval to the project and the program.
Adopted Yeas - 5 Nays - 0
46. 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. 503004) (Laid over from August 27)
Laid over to September 24 Yeas - 5 Nays - 0
47. Final Order - 03 -820 - In the matter of the operating costs for the Above Standard Street lighting
Systems (single globe) for the year 2004 for the south side of East Fourth Street from Minnesota Street
to approximately 182 feet west of Minnesota Street, and the west side of Minnesota Street from East
Fourth Street to approximately 150 feet south of East Fourth Street to be known as the Fourth/
Minnesota Area. (File No. 18992)
Adopted Yeas - 5 Nays - 0
48. Resolution - 03 -821 - To consider a financing program for a multi - family rental housing
development at Bridgecreek Senior Place, Old Hudson Road and Johnson Parkway.
Adopted Yeas - 4 Nays - 0 (Harris not present for vote)
49. Public hearing to consider the application of Thomas Lux to rezone property at 2041 Grand Avenue
from RM -2 (Multi - Family Residential) to B -2C (Community Business - Converted) to allow for
conversion of a first floor residential unit to a kitchen/bath design business. (Laid over from August 27)
Motion of Intent - Application Granted Yeas - 5 Nays - 0
50. Public hearing to consider the appeal of Thomas Dobbs, owner of property at 734 E. Third Street, to
a decision of the Heritage Preservation Commission denying a building permit application to remove
original wood siding and install vinyl siding with vinyl corner boards and panels. (Laid over from
August 27)
Appeal Withdrawn Yeas - 5 Nays - 0
Suspension Item:
Resolution - 03 -822 - Declaring September 3, 2003 as Evelyn Yoswa Day in the City of Saint Paul in
honor of her 90th birthday.
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
http://www.ci.stpaul.mn.us /council
Cable:
The City Council and Housing and Redevelopment Authority (HRA) Meetings are cablecast 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 cablecast on Saturdays at 8: 00 a.m.
and 7:30 p.m., Sundays at 5:3 0 p.m., Mondays at 8: 00 a. m. 1: 30 p.m., and 5:3 0 p.m.; Tuesdays at 8: 00
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a.m., and S: 30 p.m.; and Wednesdays at 8:00 a.m. and 1:30 p.m.
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