Approved Minutes 4-9-2003Page 1 of 8
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, April 9, 2003 - 3:30 p.m.
SPECIAL PUBLIC HEARING - 4:00 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
• Public Hearings
The meeting was called to order at 3:40 p.m. by Council President Bostrom.
Present - 6 - Benanav, Blakey, Bostrom, Harris, Lantry, Reiter
Absent - 1 - Coleman (arrived after the consent agenda)
CONSENT AGENDA (Items 1 - 24)
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 Lantry moved approval of the consent agenda.
Adopted Yeas - 6 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Martin Carlson, James Follmer, Johnny Hall, Tou Jer Lee, Becky and John Maher, Rebecca
Schaaf (parents David and Cynthia Schaaf), and Matthew L. Thornton, Attorney at Law (for client
Sharon Gingotta).
Referred to the Risk Management Division
2. Summons and Complaint in the matter of John Derks and Sarah Derks vs. the City of St. Paul.
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Referred to the City Attorney's Office
3. Summons in a Civil case in the matter of David Eugene Ingram, a /k/a Abrams vs. the City of St. Paul,
et al.
Referred to the City Attorney's Office
4. Acknowledgment of Receipt of Summons and First Amended Complaint and Jury Demand in the
matter of Patrick Fearing (an individual and as custodial parent on behalf of Kayla, Tiffany and Melody
Fearing, minors) vs. the City of Saint Paul.
Referred to the City Attorney's Office
5. Order Granting Respondent Tuft Properties, LLC's Motion to Withdraw Monies on Deposit in the
matter of the Saint Paul Housing and Redevelopment Authority vs. BMMS, LLC, City of Saint Paul, et
al.
Referred to the City Attorney's Office
6. Communication from Qwest LD Corporation notifying the City of Saint Paul of their request to the
Minnesota Public Utilities Commission to be allowed to resell interexchange services in Minnesota
Qwest Corporation exchanges.
Referred to the City Attorney's Office
7. 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 Centex Multi - Family Upper
Landing LLC for a combined plat to create one outlot and 30 residential lots on Block 4 of the Upper
Landing Urban Village bounded by Spring, Elm, Mill and Washington Streets.
8. Letter from the Office of Citizen Service /Division of Property Code Enforcement declaring 1269
Coach Road as nuisance property and setting date of Legislative Hearing for April 8, 2003 and City
Council Hearing for April 23, 2003.
9. Letters from the Office of the City Attorney concerning notice of intent to revoke provisional taxicab
driver's license held by Muqtar Afrah, Sunday Aikoriegie, Michael Bailey, Peter Borzuku, Carl Brown,
Paul Bunting, James Davis, Abdi Farah, Ali Farah, Bruce Ferguson, Mark Frascone, Bereda Gelgelu,
Saeed Hersi, Christopher Hinz, Dahir Jama, George Locke, Gary Lotzer, Sidomar Odasuge, Abdihamid
Osman, David Plager, Reginald Rauschnot, Michael Richardson, Thomas Sanders, Numan Shaikh, and
Nyang Wang.
10. Administrative Orders:
D002264 Amending the 2002 budget in the Office of License, Inspections and Environmental Protection
- Executive Administration to cover year- end variances in Special Fund 320.
D002265 Amending the 2002 budget in the Office of License, Inspections and Environmental Protection
- Executive Administration in the Gambling Enforcement Fund - Special Fund 167.
D002266 Amending the budget in the Department of Technology and Management Services to cover
year -end variances within the Finance Special Projects.
D002267 Authorizing the Department of Planning and Economic Development to contribute $5,000.00
to MNBIO for the City's participation in the 2003 BIO Conference and Exposition in Washington, D.C.
on June 22 -25, 2003.
D002268 Amending the budget in the Department of Planning and Economic Development for the
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Metro State Library Neighborhood STAR project.
Noted as on file in the City Clerk's Office
FOR ACTION
11. Approval of minutes of March 26, 2003.
Adopted Yeas - 6 Nays - 0
12. 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. (To be
laid over one week for adoption)
Laid over to April 16 for adoption
13. Resolution - 03 -355 - Approving the application, by Peter Skinner, dba Skinner's Pub, 919 Randolph
Avenue, for an Entertainment A License with condition. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 6 Nays - 0
14. Resolution - 03 -356 - Approving the transfer of shares in the corporation of Grosvenor Properties,
Ltd. (GPL), dba Four Points Saint Paul Capitol Hotel, which holds On -Sale Intoxicating Liquor and
Sunday On -Sale Liquor licenses at 400 North Hamline Avenue.
Adopted Yeas - 6 Nays - 0
15. Resolution - 03 -357 - Amending the budget in the Division of Parks and Recreation for the Two
Rivers Scenic Overlook project and accepting and thanking the Highland Area Community Council for
their donation of $3,849.77 towards this project.
Adopted Yeas - 6 Nays - 0
16. Resolution - 03 -358 - Amending the budget in the Division of Parks and Recreation by authorizing
the addition of Capital Improvement Budget contingency funds in the amount of $21,360 towards the
Martin Luther King Recreation Center addition and remodeling project.
Adopted Yeas - 6 Nays - 0
17. Resolution - 03 -359 - Amending the assessment amount in Council File 00 -931 dated October 4,
2000, from $1,782.00 to $1,540.00 for property located at 774 Aldine Street (Hewitt /Aldine RSVP).
Adopted Yeas - 6 Nays - 0
18. Resolution - 03 -360 - Authorizing the proper City officials to enter into an agreement with Union
Pacific Railroad for establishment of a railroad grade crossing on Fillmore Avenue 425 ft. east of
Wabasha Street (at Starkey Street) in conjunction with the US Bank and West Side Flats Developments.
Adopted Yeas - 6 Nays - 0
19. Resolution - 03 -361 - Authorizing the proper City officials to enter into an agreement with the Saint
Paul Port Authority for construction of public improvements for the Westminster Junction Business Park
as part of the Phalen Boulevard Phase I construction.
Adopted Yeas - 6 Nays - 0
20. Resolution - 03 -362 - Authorizing the Department of Fire and Safety Services to accept the grant of
$3,000.00 from the Metropolitan 911 Board, Metro Region EMS Committee for pre - hospital data
collection.
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Adopted Yeas - 6 Nays - 0
21. Resolution - 03 -363 - Approving payment of $7,548.60 to USAA Insurance as subrogree for
Michelle Lea Olson in full settlement of their claim against the City of Saint Paul.
Adopted Yeas - 6 Nays - 0
22. Resolution - 03 -364 - Authorizing the Saint Paul Port Authority to issue bonds for District Energy
and Subordination Agreement to subordinate liens and security interests of the City under the City
mortgage.
Adopted Yeas - 6 Nays - 0
23. Resolution - 03 -365 - Amending Council File No. 02 -1115 so that its provisions shall not prevent the
proposed Cub Foods grocery store developers from applying for and, if approved, receiving any zoning
or building permits necessary to undertake the construction of their proposed development in a new
location within the Sunray Shopping Center.
Adopted Yeas - 6 Nays - 0
23a. Resolution - 03 -373 - Approving an additional $81,250 grant and $18,750 loan from the
Neighborhood STAR Program to the Minnesota Boat Club for the purpose of renovating the historic
boathouse building on Raspberry Island.
Adopted Yeas - 6 Nays - 0
24. Resolution Approving Assessment - 03 -366 - In the matter of the assessment of benefits, cost and
expenses for providing weekly garbage hauling service for the fourth quarter of 2002 (J02TRASH4Q),
boarding -up vacant buildings for the month of February, 2003 (J0302B), summary abatement (property
clean -up) for part of January, 2003 to part of March, 2003 (J0302A), summary abatement (snow /ice
removal and /or sanding of walks) from February, 2003 to part of March, 2003 (J0301 SNOW) and
towing of abandoned vehicles from private property for the month of October, 2002 (J0301 V), and
setting date of public hearing for May 28, 2003.
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
25. Resolution - 03 -245 - Approving the Housing Action Plan 2003. (Laid over from March 12) (A
report will be provided by the Department of Planning and Economic Development.)
Councilmember Harris noted the language that reads: "Developments in neighborhoods with little
affordable housing and strong housing markets should be encouraged to provide a minimum of 20% of
their units to lower income households while those developments in weaker markets should be asked to
provide a smaller share." He said it appears to him to be a slight departure from where the Council
stands on affordable housing on a normal basis and a departure from the 20% affordability factor. He
said he would prefer the last sentence to be removed.
Councilmember Coleman concurred that he did not feel that was their intent but rather the intent was to
do 20% across the board. However, the original discussion was that they wanted some flexibility so if
the goals are exceeded in some places and there was lower concentrations in others, there could be
flexibility. There was never any intent to say that 20% would not be the minimum for every project.
Councilmember Benanav agreed that some flexibility is needed but the current language is not
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appropriate and it sends the wrong message to developers. He feels the goal should be 20% unless there
is a significant reason to change it
Councilmember Lantry said she had questions regarding the National Trust for Historic Preservation and
some of the grant money the city was recently provided. Those types of partnerships should be included
in the Housing Plan, she said.
Councilmember Lantry moved to lay over two weeks to get clarification on the issues that were raised.
Laid over to April 16 Yeas - 7 Nays - 0
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
26. 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. (Laid over from April 2)
Councilmember Coleman moved to introduce a substitute ordinance which contains language with
respect to trees on steep slopes.
Substitute introduced and laid over to April 16 for final adoption
Yeas - 7 Nays - 0
27. Third Reading - 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)
Laid over to April 16 for final adoption
28. Second 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 16 for third reading
29. First Reading - 03 -367 - An ordinance amending Chapter 66 of the Saint Paul Legislative Code
pertaining to sports facilities sponsorship signs.
Laid over to April 16 for second reading
30. First 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 16 for second reading
31. First 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 16 for second reading
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32. First 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 16 for second reading
33. First 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 16 for second reading
34. First 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 16 for second reading
35. First 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 16 for second reading
PUBLIC HEARING
36. Public comments and concerns regarding the budget adjustment recommendations made by the City
Council Ad Hoc Budget Committee. The Committee made budget adjustment recommendations totaling
$19,041,949. to help offset a proposed 2004 Local Government Aid cut of $34,000,000.
The following individuals appeared and addressed the issues as noted:
Housing 5000
Arthur Pry, MICAH, 1809 Stanford Avenue
Barbara Sporlein, PHA, 480 Cedar Street 4600
Don Maietta, 4525 White Bear Parkway, White Bear Lake
Bill Cullen, 1748 Case Avenue, 46
Sandra Westerman, Saint Paul Area Chamber of Commerce
Brian Strub, 1136 Argyle Street
Margaret Levin, 1916 Laurel Avenue, 41
Cultural STAR
Carol Schweickhardt, 1231 Charles Avenue
Jordan Sramek, 75 West 5th Street 4310
Chuck Paton, 2155 Marshall Avenue
Kaimay Terry
Virginia Nugent, 30 E. 10th Street
Kathy Wilson, Science Museum, 7880 Osceola Avenue
Amy Mino, Landmark Center, 75 W. 5th Street
Richard Hitchler, Stepping Stone Theater, 75 W. 5th Street
Anthony Andler, 27 W. 7th Place
Richard Cooke, Star Board Chair, 480 St. Peter St. 4110
John Sweeney, Dudley Riggs, 2605 Hennepin Avenue
Robert Booker, State Arts Board, 490 Sibley Street 4200
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C. Rhodes, Minnesota Children's Museum
Harley Gee, 1962 Fairmount
Jayne Khalifa, Punmbra Theater, 270 N. Kent Street
Lois Duffy, 550 Summit
T. McLaughlin, 1491 Old Hudson Road
Bill Collins, 4508 31st Avenue S., Minneapolis
District Councils /Citizen Participation
Ascension John Ren, Jr., 845 Dodd Road 4205
Thomas Rein, 1964 Berkeley
Willie Nesbit, 1098 University
Patricia Brady, 2098 11th Avenue E.
Michael Kartes, 577 Michigan Street
Kwame McDonald, 1304 Marshall Avenue
Craig Luedemann, 400 First Avenue N. 4240
Mila Llauger, 304 Landmark Center
Norm Champ, 2350 Wycliff Street
Greg Cylkowski, 3036 Ontario Road
Bargaining Units /City Employees
Tim Wirth, 251 Starkey
COPP
Vernon Vick, WIB Youth Council, 921 Patton Road
Nancy LeTourneau, 1167 Arcade Street
Kitty Gogins, Ramsey County WF Investment Board
Ellen Ade, St. Paul Domestic Abuse Intervention
Cathy Lue, Hamline Midway Coalition, 1564 Lafond
Other Issues /Concerns
Michael Prichard, Friends of Parks, 9 Montcalm Court
Alisa Weber, 960 Hampden Avenue
Jerry Henery, 1084 Duluth Street
Liz Gorman, 1146 Van Buren Avenue
Martin Wolf, 1280 Keston
David Eggenberger, 444 Otis Avenue
Valerie Walker, 1571 Woodbridge 4201
Kaylan Dirk, 1536 Hewitt Avenue 42215
Eve Stein, 1302 Bayard Avenue
Norm Champ, 2350 Wycliff Street, 55114
37. 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.
Councilmember Lantry moved to lay over one week.
Laid over to April 16 Yeas - 7 Nays - 0
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Councilmember Lantry moved to adjourn the meeting.
ADJOURNED AT 6:30 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson April 16, 2003
Assistant Council Secretary
mce
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