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
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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)
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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
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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
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(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.
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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
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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.
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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.
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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
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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
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