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SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, April 16, 2003 - 3:30 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
• For Discussion
• Ordinances
• Suspension Items
The meeting was called to order at 4:40 p.m. by Council President Bostrom.
Present - 6 - Benanav, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 1 - Blakey (excused)
CONSENT AGENDA (Items I - 23)
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.
Councilmember Harris requested Item 11 be removed for discussion.
Councilmember Lantry moved approval of the consent agenda as amended.
Adopted as amended Yeas - 6 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Matthew Conner, Avelino Gadea, Janice Herme, Roger Meidlinger, Courtney New, Julia
Reiland, and Mai Xiong.
Referred to the Risk Management Division
2. Answer and Cross -Claim in the matter of Town Square Realty, LLC vs. the City of Saint Paul and
Michael Wong, dba Town Square Garden, Incorporated.
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Referred to the City Attorney's Office
3. Notice of Motion and Motion for Release of Quick Take Funds in the matter of the Saint Paul
Housing and Redevelopment Authority vs. Steven & Pamela Lang, City of Saint, et. al. (Regarding 2565
Franklin Avenue).
Referred to the City Attorney's Office
4. Summons and Complaint, Notice of Motion and Motion for Temporary Restraining Order,
Memorandum of Law in Support of Motion for Temporary Restraining Order and Proposed Order in the
matter of Mark Voerding, James Hirsch, Thomas Darling, and William and Althea Sell vs. the City of
Saint Paul (Regarding 449 Portland Avenue).
Referred to the City Attorney's Office
5. Amended Notice of Motion and Motion for Temporary Restraining Order in the matter of Mark
Voerding, James Hirsch, Thomas Darling, and William and Althea Sell vs. the City of Saint Paul.
Referred to the City Attorney's Office
6. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on April 23, 2003, to consider the application of Lewis Curley to rezone
property from RT -1 (Two Family) to RT -2 (Townhouse Residential) to allow for a triplex located at 564
Winslow Avenue (at Stevens
Street).
7. Letter from the Real Estate Division announcing a public hearing before the City Council on May 7,
2003, to consider a permanent easement on a portion of Phalen Golf Course to construct and maintain a
sanitary sewer.
8. Administrative Orders:
D002269 Extending time of contract with Lametti & Sons, Inc. for the Drake Street Sewer Repairs from
May 31, 2002 to July 30, 2002, due to additional work added to the project.
D002270 Transferring the 2002 budget authority to provide sufficient funding at the budgetary control
level of the Parks and Recreation 1 Revenue Fund, Municipal Athletics Programming Fund - Parks and
Recreation.
D002271 Transferring the 2002 budget authority to provide sufficient funding at the budgetary control
level of the Parks and Recreation Municipal Stadium Special Revenue Fund 334.
D002272 Transferring the 2002 budget authority to provide sufficient funding at the budgetary control
level of the Parks and Recreation's General Fund budget (001).
D002273 Transferring the 2002 budget authority to provide sufficient funding at the budgetary control
level of the Parks and Recreation's Special Revenue Fund, Como Campus Fund (380).
D002274 Amending the 2002 General Fund budget within Financial Services to cover year -end
variances.
Noted as on file in the City Clerk's Office
FOR ACTION
9. Approval of minutes of April 2 and 9, 2003.
Adopted Yeas - 6 Nays - 0
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10. Resolution - 03 -354 - Approving the establishment of the classified position of Accounts Payable
Technician in Grade 27 of the 2002 -2004 Labor Agreement between the Independent School District
No. 625 and the American Federation of School, County and Municipal Employees, Local 14. (Laid
over from April 9 for adoption)
Adopted Yeas - 6 Nays - 0
11. (Discussed after the consent agenda)
12. Resolution - 03 -376 - Transferring Council Contingency budget within Public Works Engineering
activities to add temporary employees for the 2003 construction season.
Adopted Yeas - 6 Nays - 0
13. Resolution - 03 -377 - Approving the decisions of the Legislative Hearing Officer on Appeals of
Letters of Deficiency, Correction Orders, and Correction Notices for 1177 Clarence Street and 1551
Hewitt Avenue.
Adopted Yeas - 6 Nays - 0
14. Resolution - 03 -378 - Authorizing the Marketing and Promotions Office to accept contributions from
various outside sources to offset the costs associated with the 2003 Winter Carnival Mayoral Reception
and thanking the contributors for their financial support for this event.
Adopted Yeas - 6 Nays - 0
15. Resolution - 03 -379 - Establishing a 2003 Spending Plan for the City's Tenant Remedy Actions
Initiative.
Adopted Yeas - 6 Nays - 0
16. Resolution - 03 -380 - Concerning adverse action against the Cigarette license held by Tuan Pham,
dba Capital Market, 478 University Avenue West.
Withdrawn Yeas - 6 Nays - 0
17. Preliminary Order - 03 -381 - In the matter of the construction of Livingston Avenue from Plato
Boulevard to Fairfield Street with a new bituminous surfaced street, concrete curb and gutter, construct
sanitary sewer /connections, construction of water main /connections, storm sewer connections, and
setting date of public hearing for May 28, 2003. (File No. 18986 & 18986W)
Adopted Yeas - 6 Nays - 0
18. Preliminary Order - 03 -382 - In the matter of the construction of a sanitary sewer and service
connections for Skyway Drive from Highwood Avenue to approximately 1600 feet up Skyway Drive,
and setting date of public hearing for May 28, 2003. (File No. 18984)
Adopted Yeas - 6 Nays - 0
19. Resolution Approving Assessment - 03 -383 - In the matter of approving the assessment of benefits,
costs and expenses for the construction of the Downtown Streetscape Project, Phase 2A (Fourth Street
West, Market Street and Washington Street), and setting date of public hearing for May 28, 2003. (File
No. 18966A)
Adopted Yeas - 6 Nays - 0
20. Resolution Approving Assessment - 03 -384 - In the matter of approving the assessment of benefits,
costs and expenses for the construction of the Downtown Streetscape Project, Phase 2B (Fifth Street
West, Market Street and the Intersection at Sixth Street and St. Peter Street), and setting date of public
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hearing for May 28, 2003. (File No. 1896613)
Adopted Yeas - 6 Nays - 0
21. Resolution Approving Assessment - 03 -385 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction in various locations throughout the City (Wards 1 and 5), and
setting date of public hearing for May 28, 2003. (Work already done) (File No. 02WALKSI)
Adopted Yeas - 6 Nays - 0
22. Resolution Approving Assessment - 03 -386 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction in various locations throughout the City (Wards 3 and 6), and
setting date of public hearing for May 28, 2003. (Work already done) (File No. 02WALKS2)
Adopted Yeas - 6 Nays - 0
23. Resolution Approving Assessment - 03 -387 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction in various locations throughout the City (Wards 2, 4 and 7), and
setting date of public hearing for May 28, 2003. (Work already done) File No. 02WALKS3)
Adopted Yeas - 6 Nays - 0
11. Resolution - 03 -345 - Amending prior and current year budgets for adoption of the 2003 Citywide
Maintenance Program recommendations.
Councilmember Harris asked for an explanation of where the money will be going. Peter Butler, Budget
Office, appeared. He said when the $19 million of capital bonds are sold each year, approximately $1
million is set aside for capital maintenance. The money is being taken from that accounting code and
putting it over to capital maintenance.
Councilmember Harris asked how it gets allocated back to 1999. Mr. Butler said there are past capital
maintenance projects that have been completed and had unused money so the money is being brought
forward to be used for 2003 projects.
Given that CIB dollars allocated a piece of the most recent bond sales for capital maintenance projects
and money is being moved forward, Harris asked if the total amount of money matches the number of
capital maintenance projects or if the money that was unexpended in 1999 be used for something else
such as debt service.
Mr. Butler responded that when they are asking departments what their capital maintenance needs are,
they also ask what their balance is on completed projects and it is assumed those monies will be used for
other capital maintenance projects but it could be used for regular CIB projects or for debt service. They
have always taken capital maintenance money that has been appropriated in prior years and made it
available again for new capital maintenance projects in the current year.
Councilmember Harris said they need to make sure that if the projects that have been approved in the
last capital maintenance round match the amount that is allocated back from the bond sale, the money
from 1999 is excess dollars that could be used for debt service.
Mr. Butler concurred but said from their perspective in capital maintenance there is always a greater
need than there is funding. There was a list of projects that departments had requested funding for and
some of them were not funded because there was more demand than money so when they come up with
new balances, they ask departments if they have other unmet needs.
When the ad hoc committee meets, Harris said a good analysis of the capital maintenance budget should
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be done.
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
24. Final Order in Condemnation Proceedings - 03 -317 - 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 Avenue. (File No. AE2003 -1) (Laid over from April 2)
Council President Bostrom said issues are still being worked on in this matter and he asked for a
layover.
Councilmember Lantry moved to lay over one week.
Laid over to April 23 Yeas - 6 Nays - 0
25. Resolution - 03 -245 - Approving the Housing Action Plan 2003. (Laid over from April 9)
Councilmember Lantry noted that she made some suggested changes at the April 9, 2003 Council
meeting regarding the role of Historic St. Paul and especially with their national trust monies that were
received last year. She noted that revisions were made to the Plan and distributed to Councilmembers.
Councilmember Lantry moved approval of the resolution and the amended Housing Action Plan.
Adopted (Housing Action Plan adopted as amended) Yeas - 6 Nays - 0
26. Resolution - 03 -375 - Granting Mayor Randy Kelly the authority to proceed with implementing
Round 2A budget adjustments addressing a $34,000,000 State aid cut proposed for the City of Saint
Paul's 2004 operating budget. (Laid over from April 9)
Greg Blees, Fiscal Policy Director, provided a brief synopsis of the action taken at the budget meeting
held on this date. This resolution identifies $13,742,706 in additional Round 2 budget cuts. A substitute
resolution was presented.
Councilmember Lantry moved approval of the substitute resolution.
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
27. Final Adoption - 03 -235 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to citywide zoning regulations for development on steep slopes. (Substitute introduced and
laid over from April 9)
Councilmember Coleman moved approval.
Adopted Yeas - 6 Nays - 0
28. Final Adoption - 03 -295 - An ordinance to rezone property at 1173, 1177 and 1183 Arkwright Street
from R -4 Single Family Residential to B -3 General Business. (Public hearing held March 5)
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Councilmember Reiter moved approval.
Adopted Yeas - 6 Nays - 0
29. Third Reading - 03 -339 - An ordinance finalizing City Council action approving the application of
MENARD, Inc. to rezone property from I -2 (Heavy Industrial) and B -3 (General Business) to I -1
(Industrial) to allow the construction of a Menards Home Improvement Store at the northwest corner of
University Avenue and Prior Avenue, including 1975 University Avenue and 573 North Prior Avenue.
(Public hearing held February 26)
Laid over to April 23 for final adoption
30. Second Reading - 03 -367 - An ordinance amending Chapter 66 of the Saint Paul Legislative Code
pertaining to sports facilities sponsorship signs.
Nancy Anderson, Assistant Secretary to the City Council, noted that a request was received from Larry
Soderholm, Department of Planning and Economic Development, to lay this ordinance over to a public
hearing on May 7, 2003 to allow the Planning Commission to vote on the issue at their meeting on April
25 .
Councilmember Coleman moved to lay over to May 7.
Laid over to May 7 for third reading /public hearing Yeas - 6 Nays - 0
31. Second Reading - 03 -368 - An ordinance amending Chapter 106 of the Saint Paul Legislative Code
to permit alcohol to be served in sidewalk cafes in all areas of the City, eliminating the restriction of
such service only to the downtown business district or commercial development districts.
Laid over to April 23 for third reading /public hearing
32. Second Reading - 03 -369 - An ordinance amending Chapter 179 of the Saint Paul Legislative Code
to permit alcohol to be served in sidewalk cafes in all areas of the City, eliminating the restriction of
such service only to the downtown business district or commercial development districts.
Laid over to April 23 for third reading /public hearing
33. Second Reading - 03 -370 - An ordinance amending Chapter 245 of the Saint Paul Legislative Code
to permit alcohol to be served in sidewalk cafes in all areas of the City, eliminating the restriction of
such service only to the downtown business district or commercial development districts.
Laid over to April 23 for third reading /public hearing
34. Second Reading - 03 -371 - An ordinance amending Chapter 246 of the Saint Paul Legislative Code
to permit alcohol to be served in sidewalk cafes in all areas of the City, eliminating the restriction of
such service only to the downtown business district or commercial development districts.
Laid over to April 23 for third reading /public hearing
35. Second Reading - 03 -372 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code
to permit alcohol to be served in sidewalk cafes in all areas of the City, eliminating the restriction of
such service only to the downtown business district or commercial development districts.
Laid over to April 23 for third reading /public hearing
36. Second Reading - 03 -374 - An ordinance amending the interim ordinance adopted pursuant to
Minnesota Statute § 462.355, Subd. 4, in Council File No. 02 -1115 on December 26, 2002, which
preserved the status quo with respect to the use of property in the Sunray area.
Laid over to April 23 for third reading /public hearing
37. First Reading - 03 -388 - An ordinance amending Chapter 245 of the Saint Paul Legislative Code to
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permit alcohol to be served on streets surrounding Harriet Island during the Taste of Minnesota Festival,
if such streets are blocked off as part of a block party permit.
Laid over to April 23 for second reading
Suspension Items
Councilmember Lantry moved suspension of the rules and approval of the following resolution:
Resolution - 03 -389 - Thanking Ronald Clark for his service to the community through his position as
Editorial Page Editor of the Pioneer Press and in honor of him receiving his honorary Doctor of Law
degree from the University of Saint Thomas, proclaiming Tuesday, April 22, 2003, as Ronald Clark Day
in the City of Saint Paul.
Adopted Yeas - 6 Nays - 0
Councilmember Coleman moved suspension of the rules and approval of the following resolution:
Resolution - 03 -390 - Gratefully accepting the gift of playoff tickets to the first National Hockey League
Stanley Cup Playoff game hosted in Saint Paul and wishing the very best for the success of our
Minnesota WILD.
Adopted Yeas - 6 Nays - 0
Councilmember Harris moved suspension of the rules to introduce the following resolution.
Resolution - 03 -391 - Requesting the Mayor to immediately direct staff lobbyists, other City employees
and City contract lobbyists to cease all legislative activity unrelated to the adopted City of Saint Paul
Legislative Agenda and requesting them to attend the April 23, 2003, City Council meeting and report
specifically on the status of the adopted legislative agenda and any other legislative activity not related
to that agenda with which they have been involved.
Councilmember Harris said it has come to the attention of Councilmembers that the Administration is
lobbying issues that are not part of the City's legislative package and not directly related to the
legislative agenda which he feels is wrong. This resolution requests the Mayor to direct both the contract
and non - contract lobbyists as well as other city
employees who might be lobbying priorities that are not on the approved legislative package to cease
doing so. The resolution also directs the contract and non - contract lobbyists to appear before the City
Council at the April 23 meeting to discuss the activities they are engaging in and the status of each of
those activities.
This is an acceptable resolution to maintain the legislative agenda, maintain consistency, and maintain a
message so the things that the legislative agenda dictates get done for St. Paul, Harris said, instead of
confusing the Legislature on where the City Council stands on issues.
Councilmember Harris moved approval
Adopted Yeas - 6 Nays - 0
Councilmember Harris moved suspension of the rules to introduce the following resolution:
Resolution - 03 -392 - Reiterating the City Council's strong support for the State legislation passed in
2002 creating a separate Library Agency and urging the Saint Paul Legislative Delegation and members
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of the Minnesota Legislature to allow Saint Paul to continue this path toward true innovation.
Councilmember Harris said it is an appalling situation that the Administration is now lobbying and
trying to offer an amendment against the library ordinance that the City Council has passed and the
legislation that was passed in 2002 giving the City authority to do this. This resolution reiterates to the
Legislature the City's support for the library ordinance, support for the legislation, and support for all the
resolutions that were passed unanimously on this issue. He said there was ample opportunity throughout
the process for the Administration to oppose it.
Councilmember Lantry said the bigger issue is not just that the Mayor is lobbying against something he
disagrees with but he's lobbying against stated City policy. The problem is not that the Mayor disagrees
but that he is advocating a position that is completely opposite from stated city policy. She noted that the
Mayor had a representative at every meeting of the task force who participated and at no time did that
representative present any disagreement. Councilmember Harris added that when this came up at the
Legislature, there was an opportunity at that time to lobby against it.
Councilmember Coleman said his concern is the damage that has been done by the Administration's
actions with the support that the Friends of the Library provided for the system. The relationship has to
be repaired, Coleman said.
Councilmember Benanav said it has become a pattern for this Administration that if it doesn't get its way
it will find a way to go around the Council and City resources are
being used to do these things. These actions breach the trust that the Council has had with this
administration and with previous administrations.
Councilmember Lantry said they want an action to occur with this resolution. She wants some
communication back from the Administration that says they will stop their actions.
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
Council President Bostrom presented the following resolution:
Resolution - 03 -393 - Approving the indemnification in the Qwest Agreement and authorizing City
officials to enter into the agreement with Qwest for trunk line service at the Como Zoo and
Conservatory Campus.
Liz Anderson, Deputy Director of Parks and Recreation, appeared and said as part of the remodeling of
the main zoo building and turning it into administrative offices, they are installing a new telephone
system through an innovation grant. In order to do that, it is necessary to have trunk lines coming in to
service the system. The Office of Technology has been dealing with Qwest and in order for Quest to
give the lowest price of $80 per month, they need to have indemnification language in the contract. If
that language is not in the contract, the monthly rate will be $1,150. They will be moving into the
building on April 28 and the problem with the language was just recently discovered.
Councilmember Lantry moved suspension of the rules and approval.
Adopted Yeas - 6 Nays - 0
Councilmember Lantry moved to adjourn the meeting. Yeas - 6 Nays - 0
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ADJOURNED AT 4:13 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson April 23,2003
Assistant Council Secretary
mce
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