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Approved Minutes 5-14-2003Page 1 of 10 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, May 14, 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 Item The meeting was called to order at 3:35 p.m. by Council President Bostrom. Present - 6 - Benanav, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 1 - Blakey (arrived after the consent agenda) CONSENT AGENDA (Items 1 - 25) 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 17 be removed for discussion. Councilmember Reiter requested Items 10 and 19 be removed for discussion. Councilmember Reiter moved approval of the consent agenda as amended. Adopted as amended Yeas - 6 Nays - 0 COMMUNICATIONS AND ADMINISTRATIVE ORDERS fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_160649\Approved ... 12/15/2010 Page 2 of 10 1. Claims of Mao Khang, Smith & Dunn, Attorneys -at- Law (for client First Federal Capital Bank, flea First Federal Savings Bank LaCrosse - Madison), Xcel Energy, Inc. (227 Cliff Street), and Xcel Energy, Inc. (1601 Beechwood Avenue) Referred to the Risk Management Division 2. Summons and Complaint in the matter of River Boats, Inc. vs. the City of Saint Paul. Referred to the City Attorney's Office 3. Letter from the Real Estate Division announcing a public hearing before the City Council on May 28, 2003, to consider a petition of the United States Postal Services to vacate an 80.5 foot wide aerial easement to facilitate the construction of a skyway over Sibley Street between Second Street and Kellogg Boulevard. (Vacation File No. 26 -2002) 4. Letter from the Office of Citizen Service /Division of Property Code Enforcement declaring 481 St. Anthony Avenue as nuisance property. (For notification purposes only; a public hearing will be scheduled at a later date if necessary.) 5. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on May 22, 2003, at 9:30 a.m., Room 220, Conference Room B, Saint Paul City Hall, 15 W. Kellogg Blvd., concerning the application for a Massage Practitioner and Massage Center (A) licenses by Eric Weisman, dba Eric Weisman & Associates for the premises at 287 6th Street East. 6. Administrative Orders: D002290 Authorizing payment, not to exceed $300.00, to Byerly's, 1959 Suburban Avenue, for food service expenses for participants in the Saint Paul Police Department's F.O.R.C.E. Unit, through its Crime Free Multi- Housing Program, a one day training session entitled: Phase L Property Owner/Manager Training, held on March 13, 2003. D002291 Authorizing funds to send one Internet Crimes Against Children (CAC) Task Force participant, who is not a City employee, to attend the Encase Introduction to Computer Forensics Course, May 12 -18, 2003, in Woodlands, Texas. D002292 Transferring budget authority to provide sufficient funding at the budgetary control level of the Parks and Recreation Grant/Aids Special Revenue Fund 860. Noted as on file in the City Clerk's Office FOR ACTION 7. Approval of minutes of April 23, 2003. Adopted Yeas - 6 Nays - 0 8. Resolution - 03 -450 - Approving the Memorandum of Agreement between the City of Saint Paul and the International Union of Painters and Allied Trades District Council 482 for the 2003 wage and fringe adjustment. (To be laid over one week for adoption) file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_160649\Approved ... 12/15/2010 Page 3 of 10 Laid over to May 21 for adoption 9. Resolution - 03 -451 - Approving the establishment of two classified positions entitled "Food Service Assistant 2" in the 2001 -2003 Labor Agreement between the Independent School District 4625 and the Minnesota Teamsters Local No. 320 representing Food Service Personnel and "Food Service Reporting Clerk" in Grade 026 of the 2002 -2004 Labor Agreement between the Independent School District 4625 and the American Federation of State, County and Municipal Employees, Local 14. (To be laid over one week for adoption) Laid over to May 21 for adoption 10. (Discussed after the consent agenda) 11. Resolution - 03 -453 - Authorizing the Real Estate Division to apply for a tax forfeited parcel needed by the Department of Public Works for right -of -way purposes to allow improvements at the intersection of Como and Minnehaha Avenues. Adopted Yeas - 6 Nays - 0 12. Resolution - 03 -454 - Authorizing City officials to apply for a grant from the U.S. Environmental Protection Agency (EPA) to assist with clean -up of the future Bruce Vento Nature Sanctuary property in the Lower Phalen Creek area. Adopted Yeas - 6 Nays - 0 13. Resolution - 03 -455 - Amending the 2003 budget to allow expenditures of fund balance for continued distribution of "Prejudice Isn't Welcome" merchandise to help reduce bias motivated crimes. Adopted Yeas - 6 Nays - 0 14. Resolution - 03 -456 - Approving Registered Land Survey for Galtier Ramp to divide the parking among the new ownerships. Adopted Yeas - 6 Nays - 0 15. Resolution - 03 -457 - Authorizing a spending and financing plan for the maintenance and operation of Landmark Plaza rentals. Adopted Yeas - 6 Nays - 0 16. (Discussed after the consent agenda) 17. (Discussed after the consent agenda) 18. Resolution - 03 -460 - Authorizing City representatives to continue discussions with Ramsey County and other local government bodies regarding a county -wide public safety communication system (800MHz). Adopted Yeas - 6 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_160649\Approved ... 12/15/2010 Page 4 of 10 19. (Discussed after the consent agenda) 20. Resolution - 03 -462 - Memorializing City Council action taken April 23, 2003, granting 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. Adopted Yeas - 6 Nays - 0 21. Preliminary Order - 03 -463 - In the matter of acquiring a permanent easement for right of way purposes and a temporary construction easement to improve Fillmore Avenue from Wabasha Street to Livingston Avenue, and setting date of public hearing for June 4, 2003. (File No. AE2003 -10) Adopted Yeas - 6 Nays - 0 22. Preliminary Order - 03 -464 - In the matter of improving Fillmore Avenue from Wabasha Street to Livingston Avenue by constructing a new bituminous surfaced street with concrete curb and gutter, concrete driveway aprons and outwalks, boulevard sodding, tree planting, construction of a lantern style lighting system and a signalized at -grade railroad crossing, and setting date of public hearing for June 4, 2003. (File No. 18983) Adopted Yeas - 6 Nays - 0 23. Preliminary Order - 03 -465 - In the matter of the construction of sidewalk repair and /or the repair of sanitary sewer, storm sewer and /or water service connections in conjunction with the Fillmore Street Paving and Lighting project, and setting date of public hearing for June 4, 2003. (File No. 18983C) Adopted Yeas - 6 Nays - 0 24. Preliminary Order - 03 -466 - In the matter of improving Como Place from Como Avenue to Jessamine Avenue and from Como Place to Como Avenue by constructing a new bituminous surfaced street with concrete curb and gutter, concrete driveway aprons and outwalks boulevard sodding, tree planting, construction of a lantern style lighting system, and setting date of public hearing for June 4, 2003. (File No. 18990) Adopted Yeas - 6 Nays - 0 25. Preliminary Order - 03 -467 - In the matter of the construction of sidewalk repair and /or the repair of sanitary sewer, storm sewer and /or water service connections in conjunction with the Como Place /Jessamine Street Paving and Lighting project, and setting date of public hearing for June 4, 2003. (File No. 18990C) Adopted Yeas - 6 Nays - 0 10. Resolution - 03 -452 - Directing the proper City officials to convey the property in the area known as Norpac Road to the highest responsible bidder. Councilmember Reiter moved to lay over two weeks. Laid over to May 28 Yeas - 6 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_160649\Approved ... 12/15/2010 Page 5 of 10 (Items 16 and 17 were discussed together) 16. Resolution - 03 -458 - Approving District Cooling St. Paul, Inc.'s request to amend their customer billing rates. Councilmember Harris said he would abstain from voting as he has a conflict of interest. Councilmember Coleman moved approval. Adopted Yeas - 5 Nays - 0 Abstention - 1 (Harris) 17. Resolution - 03 -459 - Authorizing District Energy and District Cooling to use the public right -of- way for a fiber network. Councilmember Coleman distributed a substitute resolution. Lori Lee, Office of Financial Services, appeared and said the substitute resolution incorporates both the City's and District Energy's position on District Energy's fiber network project. She referenced a letter received from District Energy confirming the conditions with the substitute resolution. The benefits to the city is that the city would have access to 12 dark fibers throughout the energy district cooling network, aid of a redundant for communications network consistent with the city's emergency preparedness and homeland security plans, and for eventual connecting of the traffic signals. It also provides for over $15,000 towards the city's cost of connecting the fibers within the buildings. Councilmember Coleman moved approval of the substitute resolution. Substitute introduced and adopted Yeas - 5 Nays - 0 Abstention - 1 (Harris) 19. Resolution - 03 -461 - Amending errors contained in Council File No. 03 -246 adopted by the City Council on March 12, 2003, by memorializing their decision to grant the appeal of Saint Anthony Park Community Council, et. al. from a decision of the Planning Commission. Councilmember Benanav moved approval. Adopted Yeas - 5 Nays - 1 (Reiter) FOR DISCUSSION Suspension Item Preliminary Order - 03 -470 - In the matter of the construction of a water main and service connections in Stinchfield Street from Point Douglas Road to Burg Avenue and setting date of public hearing for June 4, 2003. (File No. 18982A) Councilmember Lantry said when this matter was originally hard by the Council, it was asked if the Council would consider adding the new development streets to part of this project to see whether or not it would lower the cost for all the other potential customers in that area. A community meeting was held. She moved to introduce the preliminary order under suspension and approval. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_160649\Approved ... 12/15/2010 Page 6 of 10 Adopted Yeas - 7 Nays - 0 26. Final Order - 03 -415 - In the matter of the construction of a water main and service connections at Carver Avenue from Point Douglas Road to McKnight Road and Point Douglas Road from Carver Avenue to 3550 feet south at Point Douglas Road. (File No. 18982) (Laid over from April 23) Councilmember Lantry moved to introduce a substitute Final Order regarding how the water goes into the Carver, Point Douglas area. Additional language was added because there is a situation that occurs in that area since a new street is being added in that some properties go all the way from Point Douglas to Burg Street and, as a result, would have been assessed twice; once on Point Douglas and once on Burg because they abut on two streets but they are only going to hook into the sewer at one street. "Properties that abut two streets and cannot be split under residential large lot zoning and seek one hook -up to the water and sewer main shall be assessed for the street upon which the hook -up is located only." If the present lot boundaries are modified, if they do a lot split and get a variance and then request a hook -up, then that property is assessed from that street. This can be a very big expenses for a lot of the property owners in this area, Lantry said. To mandate that they hook up to water also mandates that they hook up to sewer. The delayed assessment is how it's done for the sewer department. The Water Department will get 24 new customers because of the private development that is going in. Councilmember Blakey noted that Bernie Bullert, Water Department, had indicated there would be a cash problem for the Water Department and he asked how many homes they were talking about that would present a problem if they went with a delayed assessment. Mr. Bullert responded that when this project was put together, he realized there are only a few blocks left in the city that are not developed so he wrote the resolution to the Board with the delayed assessment in it. The Board reviewed it and amended the resolution to eliminate the delayed assessment so there has been some difference of opinion between staff and the Board. There were 15 people who said they want city water of which 12 said they wanted delayed assessment, and there were 13 "no" responses to the petition. Councilmember Blakey said the Fire Department is saying this is an issue and not the people. So if the water line is put in, there will be fire hydrants and the Fire Department's issue is taken care of. However, he feels it's not right to tell the people they must have it. He feels to give them an option of hooking up with a delayed assessment is the best compromise. Council President Bostrom said he could support this as long if, as there is a change in home ownership, the assessment would go into place at that time. Councilmember Coleman said he is trying to understand why the taxpayers in other parts of the city should pay for this project. Either they're subsidizing the other homeowners there or they're subsidizing the developer who's bringing in the 24 units and which apparently is the mechanism that is requiring this change. He said his understanding is that the option for the developer is to put in 24 private wells. Councilmember Lantry responded that every time an RSVP project is done, other areas of the city help pay for it because 100% of the cost is not assessed to the property owners. Councilmember Benanav asked how much money this involves. Mr. Bullert responded that the cost of the project is about $600,000. On May 13 the petition from the Silver Oaks development was added which brings it to about $750,000. Benanav concurred with Councilmember Blakey that if the neighbors don't want it, they shouldn't be forced to have it. Councilmember Lantry said the best reason to do it is that some of the lots are 40'x 100' and when some fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_160649\Approved ... 12/15/2010 Page 7 of 10 of the septic systems went bad, they couldn't be replaced. The house would then have to be condemned because there are no sewage facilities. The reason to put sewer in was so that those houses could continue to be occupied. Also, because there is an economy of scale to do sewer with water, if sewer is going in it makes sense to put water in also. Councilmember Lantry moved to lay over two weeks. Yeas- 7 Nays - 0 At the end of the meeting, Councilmember Lantry moved to reconsider the lay over and moved approval. Substitute Final Order Adopted Yeas - 4 Nays - 3 (Bostrom, Coleman, Harris) Suspension Item Councilmember Coleman moved suspension of the rules and approval of the following resolution: Resolution - 03 -471 - Designating City Council representation on the Ramsey County LOCATE Task Force to evaluate the Union Depot's suitability as a multi -modal transit station for downtown. Councilmember Coleman said the LOCATE Task Force has worked with the Ramsey County Regional Rail Authority in looking at potential multi -modal transit stations downtown. Through their efforts, they have isolated their focus to the Union Depot. The committee has requested that they have more formal participation on the part of the City Council. This resolution appoints a staff person from Council Research to participate on the committee so the Council has a formal link. David Block, chair of the LOCATE Task Force, and Kathy DeSpiegelaere, Director of Ramsey County Regional Rail Authority appeared. They were appointed to the Task Force by the Ramsey County Regional Rail Authority. The recommendation was made by LOCATE to the Rail Authority to concentrate LOCATE's efforts as they go forward on Union Depot. They are working through the rest of this year; their task has been determined to be completed by the end of the year to do approximately six audits which he reviewed. 1) They are trying to determine how all transit modes can fit into Union Depot; 2) They are creating a cost estimate for turning Union Depot and its environment into a multi modal facility handling everything from Amtrak to potential high speed rail, light rail, heavy rail /commuter rail, inter -city buses. 3) They are looking at the issues that affect the ability of Union Depot to be used as a transportation center; specifically, the post office which is located nearby. They have been talking with Representative Betty McCollum's office on understanding what that problem is and how it could be resolved. They are also looking at the financial implication of creating a transportation center in that part of the city - what the impact of creating a transit center would be, what the impact could be on development there and in the surrounding area, and what the economic impact could be if the post office was relocated. Lastly, they are looking at how a project, if it were to go forward, could be done in incremental stages. Councilmember Coleman talked about the importance of a Council staff person being involved. Mr. Block wanted to make sure that this the force was working in conjunction with the City Council and not get to a situation where they come back and make recommendations that the Council is not aware of. Adopted Yeas - 7 Nays - 0 Councilmember Lantry moved suspension of the rules and approval of the following resolution. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_160649\Approved ... 12/15/2010 Page 8 of 10 Resolution - 03 -472 - Recognizing Robert Widerski for all of his accomplishments in the plumbing industry and proclaiming Tuesday, May 13, 2003, to be forever known in the City of Saint Paul as "Bob Widerski Day." Council President Bostrom stated that Mr. Widerski was named to the Hall of Fame at Saint Paul College (formerly Saint Paul Technical College). He has been the director of training for the plumbers joint apprenticeship program for many years. Adopted Yeas - 7 Nays - 0 27. Report from Parks and Recreation and Planning and Economic Development on language refinement of the proposed ordinance (C.F. 03 -367 - An ordinance amending Chapter 66 of the Saint Paul Legislative Code pertaining to sports facilities sponsorship signs) and study whether the City could deny sponsorship privileges to certain groups. (Council requested on May 7) Vince Gillespie, Parks and Recreation and Larry Soderholm, Department of Planning and Economic Development, appeared. Mr. Gillespie said staff met and they also met with St. Paul Friends of Trails and Parks and Friends of St. Paul Baseball pertaining to sports facilities signs. Friends of St. Paul Parks and Trails were meeting on May 15 to present a concept change to try to limit the possibility of encroachment of sponsorship signage around town. Staff has attempted to make some additional adjustments to try and move this forward as soon as possible. Larry Soderholm distributed a memo outlining the issues that were discussed at the public hearing: The fear of proliferation of these kinds of signs. In the ordinance proposed by the Planning Commission, sponsorship signs were a conditional use. Anyone who had a ballfield could apply for a special condition use permit. To restrict the risk of proliferation, the draft presented by staff lists where they would be allowed. As permitted uses, the only way to become eligible is to amend the Code. Staff feels that is a very simple way to answer the fear of proliferation. Regarding the standards for sign content and who can be a sponsor, the City Attorney's Office is working on that research and hopes to respond to the Council by May 28. Pertaining to the risk of undercutting the City's ban on new billboards, some changes were made to the language to spell out what an identification sign is as opposed to an advertising sign. The language reads: "Each sign shall provide identifying information for a sponsor such as name, address, telephone number, or logo. Any product advertising shall be incidental or secondary to sponsorship information." This makes it clear that the type of sign is different from what is permitted on billboards and this difference in content is already found in the signs seen at the Little League fields versus the signs seen on billboards. The fourth issue was that the community requested more time and Councilmember Lantry asked if this matter could be laid over until May 28 and Parks and Recreation has agreed to that. Councilmember Benanav asked if it's legal to place signs on some properties but not allow them on others as he recalled a lawsuit with an Xcel board. Mr. Soderholm responded that the matter with the Xcel board was settled and never went to court. That issue was discussed with the city attorneys who have worked on this and they thought it was defensible. The reason for selecting these sites are that the Midway ballpark is not visible, and the other locations chosen are places where either the signs have existed for a number of years with few or no complaints or they are far enough removed from residential property so they should not be objectionable. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_160649\Approved ... 12/15/2010 Page 9 of 10 In terms of the content of the signs, Councilmember Benanav asked if there is anything that says the Division of Parks gives approval to the signs. Mr. Soderholm said the Council asked the City Attorney to research that question. Mr. Gillespie said an informal inquiry has been done by staff with the University of Minnesota, the Minnesota State High School League, a couple other municipalities and Ramsey County. The response was that those who do have sponsorship /advertising signs do restrict them. Copies of policies were requested and they are finding either it's long term and some research has to be done or a lot of it is mostly unchallenged policy that they use. Councilmember Benanav noted that there is nothing in the ordinance that gives Parks the right to approve and he would like to see that kind of language. Mr. Gillespie said the original language was content neutral and they were going to have a separate internal policy based on the co- change where they would say what the acceptable types of sponsorships are. They have avoided building that part of it into the ordinance until they hear back from the attorneys. Mr. Soderholm added that the Little Leagues control their signs and the St. Paul Saints control what signs go up at the Midway Stadium. With regard to McMurray Field, Mr. Gillespie said they are only proposing the hockey rinks as there is no outfield fencing. At Dunning there are three softball fields and one baseball field. At Rice and Arlington there are six fields, and at Arlington and Arkwright one field. 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. 28. Final Reading - 03 -388 - An ordinance amending Chapter 245 of the Saint Paul Legislative Code to 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. Councilmember Coleman moved approval. Adopted Yeas - 7 Nays - 0 29. Second Reading - 03 -440 - An ordinance amending Saint Paul Legislative Code Chapter 200 to impose 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. Laid over to May 28 for third reading /public hearing The Council requested a detailed staff report on this ordinance at their City Council Public Hearing on May 28, 2003. 30. Second Reading - 03 -441 - An ordinance amending Chapter 106 of the Saint Paul Legislative Code allowing skateboarding in Saint Paul unless indicated otherwise. Laid over to May 28 for third reading /public hearing 31. First Reading - 03 -468 - An ordinance finalizing City Council action approving the application of Benjamin Commons Associates to rezone property from B -3 to RT -2 to allow the Selby Grotto file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_160649\Approved ... 12/15/2010 Page 10 of 10 Development project to proceed and new garages to be built for the Benjamin Commons Condo Association at 761 Selby Avenue. (Public hearing held on March 26) Councilmember Blakey moved to lay over to June 11 for second reading. Laid over to June 11 for second reading Yeas - 7 Nays - 0 32. First Reading - 03 -469 - An ordinance amending Title II of the Saint Paul Administrative Code by adding a new chapter thereto pertaining to the adoption of "council ward boundaries." Laid over to May 21 for second reading Councilmember Lantry moved to adjourn the meeting. Yeas - 7 Nays - 0. ADJOURNED AT 4:45 P.M. Daniel Bostrom, Council President ATTEST: Minutes approved by Council Nancy Anderson June 11, 2003 Assistant Council Secretary mce fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_160649\Approved ... 12/15/2010