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Approved Minutes 6-11-2003Page 1 of 8 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, June 11, 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 The meeting was called to order at 3:33 p.m. by Council President Bostrom. Present - 5 - Benanav, Blakey, Bostrom, Lantry, Reiter Absent - 2 - Coleman, Harris (both arrived after the consent agenda) CONSENT AGENDA (Items I - 28) 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 - 5 Nays - 0 COMMUNICATIONS AND ADMINISTRATIVE ORDERS 1. Claims of Kaus Juskit Chang, Michelle Mack, Leslie Olesen and Jennifer Tiedge. 2. Notice of Filing of Order (Amended Order) in the matter of the Saint Paul Housing and Redevelopment Authority vs. the City of Saint Paul, Steven and Pamela Lang, dba Prospect Auto Parts, 2565 Franklin Avenue. 3. Letter from the Department of Planning and Economic Development announcing a public hearing fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161208\Approved ... 12/15/2010 Page 2 of 8 before the City Council on June 25, 2003, to consider the application 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. 4. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on June 25, 2003, to consider the application of Erin Mathern, Mendota Homes, for a preliminary and final plat creating ten lots for single family (R -3) development known as Montana Woods at 1537 Fisk Street (southwest corner of Fisk Street and Hoyt Avenue). 5. Letter from the Citizens Service Office /Division of Property Code Enforcement declaring 512 Beaumont Street as nuisance property. (For notification purposes only; public hearing will be scheduled at a later date if necessary.) 6. Letter from the Office of Citizen Service /Division of Property Code Enforcement declaring 794 Dayton Avenue as nuisance property and setting date of Legislative Hearing for June 23, 2003, and City Council Hearing for July 2, 2003. 7. Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing on June 25, 2003, to consider the application of Ron Maddox, General Manager of Taste of Minnesota, for a sound level variance from July 1 through July 6, 2003, for outdoor amplified live band music on stages on Harriet Island and the Wabasha Street Bridge from 12:00 noon to 11:00 p.m. daily. FOR ACTION 8. Approval of minutes of May 14, 2003. Adopted Yeas - 5 Nays - 0 9. Resolution - 03 -561 - Approving the Memorandum of Understanding between the City of Saint Paul and the International Association of Fire Fighters, AFL -CIO, Local 21. (To be laid over one week for adoption) Laid over to June 18 for adoption 10 . Resolution - 03 -562 - Approving the Memorandum of Agreement between the City of Saint Paul and the United Association Pipefitters Local Union No. 455 for the 2003 wage and fringe adjustment. (To be laid over one week for adoption) Laid over to June 18 for adoption 11. Resolution - 03 -563 - Authorizing payment of $8,500.00 to Gislason & Hunter, LLP and Scott Allen Turnbull in full settlement of their claim against the City of Saint Paul. Adopted Yeas - 5 Nays - 0 12. Resolution - 03 -564 - Approving the decisions of the Legislative Hearing Officer on Appeals for Letters of Deficiency, Correction Notices and Correction Orders for 1337 Edmund Avenue, 1199 Seventh Street East and 319 Ramsey Street. file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161208\Approved ... 12/15/2010 Page 3 of 8 Adopted Yeas - 5 Nays - 0 13. Resolution - 03 -565 - Appointing outside counsel of Briggs and Morgan to represent the City in the matter of acquisition and possible condemnation and taking of certain property at 1650, 1668 and 1680 White Bear Avenue (Hillcrest Shopping Center) needed for right -of -way improvements along White Bear Avenue. Adopted Yeas - 5 Nays - 0 14. Resolution - 03 -566 - Adopting the City of Saint Paul's June 2003 Storm Water Permit Annual Report and Management Program as prepared by the Department of Public Works Sewer Utility for submittal to the Minnesota Pollution Control Agency. Adopted Yeas -5 Nays - 0 15. Resolution - 03 -567 - Accepting a donation to the Saint Paul Police Department of traffic enforcement equipment (Preliminary Breath Testers) valued at $1,500.00 from the Minnesota Department of Public Safety. Adopted Yeas - 5 Nays - 0 16. Resolution - 03 -568 - Authorizing the Saint Paul Police Department to enter into an agreement with Independent School District 4625 to participate in the School Police Patrol Program. Adopted Yeas - 5 Nays - 0 17. Resolution - 03 -569 - Authorizing the Saint Paul Police Department to enter into a multi - agency law enforcement agreement with the City of Mankato for participation in St. Paul Police Department's Internet Crimes Against Children Task Force (ICAO). Adopted Yeas - 5 Nays - 0 18. Resolution - 03 -570 - Authorizing the Saint Paul Police Department to enter into a multi - agency law enforcement agreement with the City of Hutchinson Police Department for participation in St. Paul Police Department's Internet Crimes Against Children Task Force (ICAC). Adopted Yeas - 5 Nays - 0 19. Resolution - 03 -571 - Accepting the donation of field lights and ongoing operating and maintenance costs for the lights from the Dunning Boosters at the Midway Little League Field and thanking them for their generous contribution. Adopted Yeas - 5 Nays - 0 20. Resolution - 03 -572 - Authorizing the proper City officials to accept and set up a financing and spending plan for a grant of $65,000 from the Minnesota Twins Community Program Fund to support youth baseball and softball in Saint Paul and to budget the unspent balance from the 2002 Minnesota Twins allocation. Adopted Yeas - 5 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161208\Approved ... 12/15/2010 Page 4 of 8 21. Resolution - 03 -573 - Authorizing negotiation of $900,000 loan to Eureka Recycling from Solid Waste and Recycling 232 Fund Balance for construction of a Materials Recovery Facility (MRF) to process Saint Paul's recyclables. Adopted Yeas - 5 Nays - 0 22. Resolution - 03 -574 - Rescinding action taken previously under Council File 403 -428 adopted by the Council on May 7, 2003, and approving the license application of Robert Coppock for a Saint Paul Taxicab Driver's License. Adopted Yeas - 5 Nays - 0 23. Resolution - 03 -575 - Giving final approval to the execution of documents necessary to refinance the Radisson City Center Hotel and approving issuance of tax - exempt revenue bonds by the Saint Paul Port Authority. Adopted Yeas - 5 Nays - 0 24. Resolution - 03 -576 - Approving the sale of the Jackson Apartment Tower and Sibley Apartment Tower Projects in Galtier Plaza by the Saint Paul Port Authority. Adopted Yeas - 5 Nays - 0 25. Resolution - 03 -577 - Appointing the Cesar Chavez Street Renaming Legislative Advisory Committee. Adopted Yeas - 5 Nays - 0 26. Resolution - 03 -578 - Recognizing the first two Peace Poles planted in St. Paul's Midway area of Frogtown and Summit - University communities at the intersection of Dale Street and University Avenue and proclaiming this intersection to be the first official "Peace Gate" to serve as the foundation of the Peace Bridge between Frogtown and Summit - University on June 13, 2003. Adopted Yeas -5 Nays - 0 27. Preliminary Order - 03 -579 - In the matter of sidewalk reconstruction and /or new construction from the South Side of East Fourth Street from Wacouta Street to Wall Street at 270 East Fourth Street only and setting date of public hearing for July 2, 2003. (File No. S03003) Adopted Yeas - 5 Nays - 0 28. Resolution Approving Assessment - 03 -580 - In the matter of excessive police and nuisance enforcement services for 768 West Central Avenue for the month of May, 2003, and setting date of public hearing for August 6, 2003. (File No. SPPD03A) Adopted Yeas - 5 Nays - 0 FOR DISCUSSION file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161208\Approved ... 12/15/2010 Page 5 of 8 29. Resolution - 03 -505 - Considering 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) (Substitute introduced and laid over from May 28) Councilmember Coleman moved approval. Adopted Yeas - 6 Nays - 0 (Harris not present for vote) 30. Resolution - 03 -581 - Ratifying Ordinance 493 -1423 by granting authority to the Saint Paul Port Authority to issue and sell bonds to refund the Port Authority's $16,000,000 General Obligation Bonds, Series 1994 and accepting winning proposal and awarding bid. Todd Hurley, Department of Financial Services, presented a staff report. This resolution grants authority to the St. Paul Port Authority to issue and sell general obligation bonds to refund as prior obligation bonds of 1994. It also accepts the winning bid on the sale of these bonds. The bonds were sold in the amount of $14,535,000 and the proceeds of this issue will perform a cross -over advance refunding of the 1994 issue. Prior to the sale of these bonds, the city was again reviewed by the rating agencies. Moodys and Standard and Poors (S &P) both reaffirmed their ratings; Moodys with an AA2 and Standard and Poors with an AAA. Both agencies were highly complementary of the city on its professional management and mostly on its proactive response that the Council and the Mayor made in response to the State budget problems. S &P said this is exactly what they expect out of their AAA credits and were happy to see what was done. Mr. Hurley noted that the resolution has been amended to included a completed pricing certificate of the pricing committee which was comprised of a member of the Port Authority, a member of the Office of Financial Services and a member of Springstead. He noted that the pricing certificate includes the results of the sales which Mr. Hurley explained.. Councilmember Lantry moved approval. Adopted Yeas - 6 Nays - 0 (Harris not present for vote) (Exhibit A amended) 31. Consider the appeal of Snelling- Hamline Community Council to consider a decision by the Planning Commission denying their previous appeal of the Office of License, Inspections and Environmental Protection's issuance of a billboard repair permit to Clear Channel Outdoor for the replacement of sign face panels on an illuminated freeway billboard at 1459 Roblyn Avenue (rooftop billboard at the southeast corner of I -94 and Pascal Avenue). (Public hearing held and laid over from June 4) Councilmember Benanav reported that he received a letter from Snelling- Hamline Community Council withdrawing their appeal. Councilmember Benanav moved to withdraw the appeal. Appeal withdrawn Yeas - 7 Nays - 0 32. Consider the application of Mendota Homes, Inc. to rezone property from B -2 to RM -2 to be consistent with the 11 -unit resident structure being built at 1071 South Cleveland Avenue. (Public hearing held and laid over from June 4) fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161208\Approved ... 12/15/2010 Page 6 of 8 Councilmember Harris moved to lay over one week as there were outstanding issues to yet be resolved. Laid over to June 18 Yeas - 7 Nays - 0 33. Resolution - 03 -556 - Approving the polling location changes for the 2003 primary and general elections. (Laid over from June 4) Joe Mansky, Ramsey County Elections, appeared. He said before every election all polling locations are surveyed to insure that they continue to meet State and Federal accessibility requirements, that they meet voters' needs, that the building is still standing, and that the building owner is amenable to remaining as a polling location. Mr. Mansky said they were proposing to change nine locations this year. The two public housing locations were dropped from the proposed list after speaking to Councilmembers Harris and Benanay. Mr. Harris said he would speak to the public housing agency about some of the problems encountered with a few of their facilities Councilmember Harris said a lot of the public housing high -rises have many senior citizens living in them and he felt they should try hard to work with the Public Housing Agency to resolve the issues. Councilmember Harris moved approval as amended. Adopted as amended 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. 34. Final Adoption - 03 -441 - An ordinance amending Chapter 106 of the Saint Paul Legislative Code allowing skateboarding in Saint Paul unless indicated otherwise. (Laid over from June 4) Councilmember Benanav said this is an ordinance that is long overdue. It is for public property only and does not allow for skateboarding on private property. Councilmember Blakey said there should be a way to let people know that they have to be respectful of property when skateboarding, whether it's public or private. Councilmember Benanav agreed and said they could find a way to get that information out to the public. Councilmember Benanav moved approval. Adopted Yeas - 7 Nays - 0 35. Final Adoption - 03 -484 - An ordinance amending the Saint Paul Legislative Code, Appendix F, District Heating Franchise - District Heating Development Company, and Appendix K, District Energy Services Franchise, to grant the franchise holder legal authority to use the public right -of -way to install a fiber optic network for use by the City of Saint Paul, the State of Minnesota, and the County of Ramsey. (Substitute introduced on May 21) fileJ /C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_161208\Approved ... 12/15/2010 Page 7 of 8 Councilmember Coleman moved to lay over one week on behalf of all parties involved in the negotiations. Laid over to June 18 for final adoption Yeas - 7 Nays - 0 36. Third Reading - 03 -503 - An ordinance approving rezoning of the east side of Payne Avenue, north of Hopkins Street and south to Kenny Road to allow construction of three 8 -unit rowhouses. (Public hearing held May 7, 2003) Laid over to June 18 for final adoption 37. Second 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 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) (Laid over from May 14 for second reading) (Applicant has requested this item be laid over to July 2, 2003, for second reading) Councilmember Blakey moved to lay over to July 2. Laid over to July 2 for continuation of second reading Yeas - 7 Nays - 0 38. Second Reading - 03 -554 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code to permit the sale of alcohol until 2:00 a.m. by those establishments which have obtained a permit from the State of Minnesota. Laid over to June 25 for third reading /public hearing Yeas - 7 Nays - 0 39. Second Reading - 03 -555 - An ordinance amending Chapter 14 of the Saint Paul Administrative Code to clarify that the Library Director serves at the pleasure of the Mayor, and to modify the budgetary powers previously given to the Library Agency. Laid over to June 25 for third reading /public hearing Yeas - 7 Nays - 0 Councilmember Lantry moved to adjourn the meeting. Yeas - 7 Nays - 0. ADJOURNED AT 3:50 P.M. Daniel Bostrom, Council President ATTEST: Minutes approved by Council Nancy Anderson August 13, 2003 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161208\Approved ... 12/15/2010 Page 8 of 8 Assistant Council Secretary mce fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_161208\Approved ... 12/15/2010