Approved Minutes 6-18-2003Page 1 of 8
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, June 18, 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
• Suspension Items
• For Discussion
• Ordinances
The meeting was called to order at 3:35 p.m. by Council President Bostrom.
Present - 5 - Blakey, Bostrom, Harris, Lantry, Reiter
Absent - 2 - Benanav, Coleman (both excused)
CONSENT AGENDA (Items I -19)
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 Reiter requested Items 15, 16, 18 and 19 be removed for discussion.
Councilmember Lantry moved approval of the consent agenda as amended.
Adopted as amended Yeas - 5 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Tony Curella (Commercial Utilities, Inc.), Frances Erickson, Steve Hyland, Brant Sanders,
McLeod, USA, Ronald Vasko, and Daniel Wills.
2. Summons in the matter of the application of Twin Cities Habitat for Humanity, Inc. vs. the City of
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Saint Paul, et al, to register title for the south �/z of the East �/z of Lot 19, J. W. Bass Garden Lots,
Ramsey County.
3. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing on July 2, 2003, to consider the application of Jim Runyon, Development Associate representing
Cretin - Derham Hall High School, 550 Albert Street, for a sound level variance on July 19, 2003, to
allow live band amplified music at Cretin - Derham Hall in the outdoor courtyard from 7:00 p.m. to 11:30
p.m.
4. Administrative Orders:
D002301 Approving payment, not to exceed $10,000.00, to reimburse Fire Chief finalists for travel
expenses for traveling to St. Paul for the final interview with the Mayor's Office.
D002302 Extending the contract completion date from September 30, 2001, to June 30, 2002, for the
Taylor -Young Sewer Relining Project.
D002303 Allocating funds from Ward 1 Neighborhood Investment Initiative Program to Rock of Ages
kitchen project.
Noted as on file in the City Clerk's Office
FOR ACTION
5. 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. (Laid over from June 11 for
adoption)
Adopted Yeas - 5 Nays - 0
6. 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. (Laid
over from June 11 for adoption)
Adopted Yes - 5 Nays - 0
7. Resolution - 03 -582 - Approving the Memorandum of Agreement between the City of Saint Paul,
United Association Plumbers Local Union No. 34 and Sprinkler- Fitters Local 4417, for the 2003 Wage
and Fringe Adjustments. (To be laid over one week for approval)
Laid over to June 25 for adoption
8. Resolution - 03 -583 - Concerning adverse action against the Cigarette /Tobacco license held by
Rainbow Bar, Inc., dba Over the Rainbow, 719 Dale Street North.
Adopted Yeas - 5 Nays - 0
9. Resolution - 03 -584 - Approving the application, with conditions, for Malt On Sale (Strong) and Wine
On Sale Licenses by Megusta Mexican Cuisine, dba Megusta Mexican Restaurant, 433 Robert Street
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South. (Legislative Hearing Officer recommends approval with conditions)
Adopted Yeas - 5 Nays - 0
10. Resolution - 03 -585 - Approving payment of $27,500.00 to Frederick D. Brown and his attorneys,
Taylor Law Firm, in full settlement of their claim against the City of Saint Paul.
Adopted Yeas - 5 Nays - 0
11. Resolution - 03 -586 - Authorizing the Police Department to pay for expenses related to the Intensive
Spanish Language Program for police officers.
Adopted Yeas - 5 Nays - 0
12. Resolution - 03 -587 - Establishing a financing and spending plan for the intergovernmental
agreement between the St. Paul Police Department and the Minnesota Department of Public Safety
allowing Senior Commander Timothy Leslie to perform the duties of Assistant Commissioner of the
Department of Public Safety.
Adopted Yeas - 5 Nays - 0
13. Resolution - 03 -588 - Authorizing and directing City officials to convey to the Saint Paul Port
Authority by quit claim deed, the vacation of Parcel 3 consisting of part of Seminary Avenue and parts
of Blocks 12 and 13, Butterfield Syndicate Addition No. 2, for the purpose of clearing title.
Adopted Yeas - 5 Nays - 0
14. Resolution - 03 -589 - Memorializing City Council action taken January 8, 2003, denying the appeal
of Ron Staeheli regarding the ruling of the Saint Paul Truth in Sale of Housing Board.
Adopted Yeas - 5 Nays - 0
15. ( Discussed after the consent agenda
16. ( Discussed after the consent agenda
17. Resolution - 03 -592 - Authorizing the City to apply to the Metropolitan Council by June 30, 2003,
for Livable Communities Demonstration Account (LCDA) development grants.
Adopted Yeas - 5 Nays - 0
18. ( Discussed after the consent agenda
19. ( Discussed after the consent agenda
15. Resolution - 03 -590 - Approving the use of Neighborhood Star Investment Initiative Funds for the
Merriam Skatepark.
Councilmember Lantry distributed a substitute resolution which contained a budget amendment and
moved approval.
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Substitute introduced and adopted Yeas - 5 Nays - 0
16. Resolution - 03 -591 - Authorizing applications for Opportunity Grants through the Livable
Communities Demonstration Program.
Councilmember Lantry moved to lay over one week.
Laid over to June 25 Yeas - 5 Nays - 0
18. Resolution - 03 -593 - Approving the purchase of 600 Olive Street as part of the improvement of the
Saint Paul Police Department's new headquarters at the Griffin Building.
Councilmember Reiter distributed a substitute resolution which contained an amendment removing the
owner as gifting $40,000 to the city for the purchase of the building.
Peter White, Real Estate Division, appeared and stated that the original agreement with the property
owner was that the purchase price would be $760,000 of which the city would pay $720,000 and the
remainder would be a considered a donation by the owner. In consulting with his financial advisors, the
owner decided against making a donation. The substitute resolution deletes the reference to a donation
by the property owner. There will be another resolution presented at the June 25 meeting which
addresses all of the budget considerations for the purchase of the building.
Council President Bostrom offered an amendment stating that the proper city officials are hereby
authorized and directed to pay $720,000 upon adoption of a budget amendment.
Councilmember Harris moved approval of the substitute resolution as amended.
Substitute introduced, amended and adopted Yeas - 5 Nays - 0
19. Resolution - 03 -594 - Approving funding for Cycle 9 (2003) of the Cultural Star Program.
Councilmember Reiter distributed a substitute resolution. He indicated that the spending plan was not
originally included with the resolution and there were questions on the recommended funding.
Councilmember Lantry requested that the funding for the Dale Warland Singers be laid over for one
week. She understood that this group was disbanding and she did not believe that the $13,000 that they
were recommended to receive was a wise investment of the city's money.
Councilmember Blakey stated that he would like to see the Chinese American Association receive
additional funding. They had requested $35,000, the board recommended $14,000 and the mayor only
recommended they receive $5,000. He questioned whether there was any additional money left to be
able to give additional funding to this group. He suggested laying this matter over as he wanted to
explore whether any additional funds could be given to other groups and in particular, the Chinese
American Association.
Councilmember Lantry stated that she did not believe it would be good to open up the entire process in
redistributing any remaining money that is available to specific groups. She also stated that she is on the
board of the East Metro Music Academy which was recommended to receive funding; however, she
does not receive any financial benefit and she did not insert any influence for their recommended
funding.
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Councilmember Harris stated that staff and the mayor did an excellent job in making the funding
recommendations and he did not believe it would be prudent to open up the process again. He agreed
with the original motion to lay over the one item and approve the remainder of the funding
recommendations.
Dan Smith, Department of Planning and Economic Development, appeared and stated that when they
budget for the program, some funds are set aside for administrative costs to run the program. There is a
10 year commitment for funding to the Science Museum and the balance is then allocated by the STAR
board. The amount of funding available this year is $1,140,000. The estimated costs for administrating
the program is $80,000.
Councilmember Blakey suggested that if the $13,000 advocated to the Dale Warland Singers did
become available, possibly $5,000 of the money could be given to the Chinese American Association.
Councilmember Harris stated that if the resolution is passed, as amended, they could certainly explore
giving $5,000 to the Chinese American Association.
Councilmember Reiter moved approval of the substitute resolution as amended withholding the
recommended funding for the Dale Warland Singers and laying it over to June 25, 2003.
Substitute introduced, amended and adopted Yeas - 5 Nays - 0
Suspension Items
Councilmember Harris moved suspension of the rules to introduce the following resolution:
Yeas - 5 Nays -0
Resolution - 03 -596 - Approving the waiver of the 45 -day notice requirement for issuance of a sidewalk
cafe - alcohol license for Ye Olde Restaurant, Inc. d /b /a Chet's Taverna, located at 791 Raymond Avenue.
Councilmember Harris presented an amendment and moved approval.
Adopted as amended Yeas - 5 Nays - 0
Councilmember Harris moved suspension of the rules and approval of the following resolution:
Resolution - 03 -597 - Authorizing the Office of Marketing and Promotions to purchase and provide food
and beverages, with the exception of alcohol, in an amount not to exceed $500 for the Division of Parks
and Recreation employees for the Hmong Soccer Festival held at McMurray Fields on July 4 and 5,
2003.
Adopted Yeas - 5 Nays - 0
Councilmember Lantry moved suspension of the rules and approval of the following resolution:
Resolution - 03 -598 - Authorizing the Department of Fire and Safety Services to accept $272,203.00
from the State of Minnesota for the State and Federal Domestic Preparedness Equipment and Training
Grant and establishing a Financing and Spending Plan for the 2003 Budget.
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Adopted Yeas - 7 Nays - 0
Council President Bostrom stated that the Fire Department requested that this matter be heard before the
Council under suspension.
Chief Bataglia appeared and stated that this authorizes the Fire Department to enter into a grant process
with the State of Minnesota and the federal government to secure equipment and training which was
awarded to the city for the 2003 phase one process. The department surveyed the public safety
responders on obtaining the needed equipment to protect police officers, CIRT team, bomb squad units,
fire fighters, HAZMAT team and paramedics. The city did have to make a matching dollar amount for
this grant. They are currently negotiating the phase two process with the state and federal government as
well which will not require a matching dollar amount.
Adopted Yeas - 5 Nays - 0
FOR DISCUSSION
20. Final Order In Condemnation Proceedings - 03 -544 - 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. (File No. AE2002 -10) (Laid over from June 4)
Councilmember Lantry moved approval.
Adopted Yeas - 5 Nays - 0
21. Final Order - 03 -548 - 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. (File No. 18983) (Laid over from June 4)
Council President Bostrom introduced an amendment that was requested by Councilmember Coleman
which adds language after the last sentence "with the exception that properties abutting Fillmore
between Wabasha Street and Starkey Street be assessed for street lighting only."
Councilmemember Lantry moved approval as amended.
Adopted as amended Yeas - 5 Nays - 0
22. Final Order - 03 -549 - 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. (File No. 18983C) (Laid over from June 4)
Councilmember Lantry moved approval.
Adopted Yeas - 5 Nays - 0
23. 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 on June 4) (Laid over from June 11)
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Councilmember Harris moved to lay over two weeks.
Laid over to July 2 Yeas - 5 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.
24. 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) (Laid over from June 11)
Councilmember Reiter moved to lay over to June 25.
Laid over to June 25 for final adoption Yeas - 5 Nays - 0
25. Final Adoption - 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)
Councilmember Reiter moved approval.
Adopted Yeas - 5 Nays - 0
26. First Reading - 03 -595 - An ordinance amending Legislative Code Chapter 81 pertaining to storm
sewer system charges to provide for the collection of interest against the balance of such charges not
paid by October 1 of the billing year and by making minor text amendments to comport with current city
department duties.
Laid over to June 25 for second reading
Councilmember Lantry moved to adjourn the meeting. Yeas - 7 Nays - 0
ADJOURNED AT 4:10 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Mary Erickson August 13, 2002
Assistant Council Secretary
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