Minutes 11-12-2003Page 1 of 6
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, November 12, 2003 - 3:30 p.m.
POLICY SESSION AND PUBLIC COMMENT
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Mary Erickson - 651- 266 -8565
Chris Rider - 651- 266 -8633
Office of the City Council
Web Index
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Suspension Items
• Policy Session (laid over from October 8th)
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 COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Frank Aguirre, Crabtree Law Firm (for Andrea Defiel), Binh Le, Elaine Nelson, and James
Richardson.
Referred to the Risk Management Division
2. Summons and Complaint in the matter of Phillips, Getschow Co. and Associated Bank, N.A. vs. the
Housing and Redevelopment Authority of the City of Saint Paul, et al.
Referred to the City Attorney's Office
3. Letter from the Real Estate Division announcing a public hearing before the City Council on
November 19, 2003 to consider the petition of John Radabaugh, Joe's Bait Shop, to vacate part of Blocks
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1 and 4, Butterfield Syndicate No. 2, part of an adjacent alley and part of vacated Stinson Street, for
parking space.
4. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on November 19, 2003, to consider the appeal of Saint Paul
Development Corporation to a decision of the Planning Commission upholding the Zoning
Administrator's denial of a site plan to reorganize the layout of an existing parking lot and create an
access from the parking lot to an adjacent alley at 452 Selby Avenue.
5. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on November 19, 2003, to consider the application of Shannon Pierce,
representing the Saint Paul Festival and Heritage Foundation, 75 West Fifth Street, 429 Landmark
Center, for a sound level variance from December 1, 2003 to January 20, 2004, from 9:00 a.m. to 11:00
p.m., to allow ice harvesting on Lake Phalen, 1400 Phalen Park Drive.
6. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on November 19, 2003, to consider the application of Shannon Pierce,
representing the Saint Paul Festival and Heritage Foundation, 75 West Fifth Street, 429 Landmark
Center, for a sound level variance for music for the Ice Palace in conjunction with the Winter Carnival
from January 22, 2004, to February 8, 2004, from 10:00 a.m. to 12:00 a.m., at Cleveland Circle, 155
Seventh Street West.
7. Letters from the Citizen Service Office /Division of Property Code Enforcement declaring 1069
Greenbrier Street and 501 Kent Street as nuisance properties. (For notification purposes only; public
hearings will be scheduled at a later date if necessary.)
8. Administrative Orders:
D002339 Amending the 2003 General Fund budget to implement changes under the PC Replacement
Program as directed by C.F. 96 -828.
D002340 Extending the contract completion date from July 30, 2001 to August 27, 2002 for Shepard
Road Landscaping; Randolph Avenue to Chestnut Street.
FOR ACTION
9. Approval of minutes of October 1 and October 8, 2003.
Adopted Yeas - 6 Nays - 0
10. Resolution - 03 -966 - Approving the Memorandums of Agreement between the City of Saint Paul and
the Saint Paul Supervisors Organization and the Professional Employees Association extending the
previously approved pilot project within the Department of Public Works for the Civil Engineer position.
(Laid over from November 5 for adoption)
Adopted Yeas - 6 Nays - 0
11. Resolution - 03 -1004 - Directing the Department of Public Works to proceed with landscaping on
Irvine Avenue with financing through the Residential Street Vitality Program.
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Adopted Yeas - 6 Nays - 0
12. Resolution - 03 -1005 - Accepting a National Park Service Conservation Grant and related matching
funds for work on the Crosby Bluffs and making necessary 2003 budget amendments.
Adopted Yeas - 6 Nays - 0
13. Resolution - 03 -1006 - Approving the use of assessment financing in accordance with City policy for
the installation of a fire protection sprinkler system for 180 East Fifth Street (First Trust Center).
Adopted Yeas - 6 Nays - 0
14. Resolution - 03 -1007 - Authorizing a Cultural STAR Grant in the amount of $52,372 to the College
of Visual Arts for the College's Emergency Campus Renovation Project.
Adopted Yeas - 6 Nays - 0
15. Resolution - 03 -1008 - Authorizing application to the Minnesota Department of Employment and
Economic Development for a contamination investigation grant for the Jefferson - Smurfit property.
Adopted Yeas - 6 Nays - 0
16. Resolution - 03 -1009 - Authorizing application to the Minnesota Department of Employment and
Economic Development and to the Metropolitan Council for a contamination cleanup grant for the
"Building 17" site.
Adopted Yeas - 6 Nays - 0
17. Resolution - 03 -1010 - Authorizing the Mayor and Director of Public Works to enter into an
agreement with the Minnesota Department of Transportation for federal aid participation for right -of -way
acquisition on Phase 2 and 3 of the Phalen Boulevard Project.
Adopted Yeas - 6 Nays - 0
18. Resolution - 03 -1011 - Authorizing payment of $1,000 to Alliance of Local Organizations Against
Preemption to support efforts to represent local governments before the Ninth Circuit Court of Appeals
and the Federal Communications Commission (FCC) regarding the FCC's Declaratory Judgment on cable
modem services.
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
19. Resolution Ratifying Assessment - 03 -1012 - In the matter of the assessment of benefits, cost and
expenses for summary abatements (property clean -up) during the month of July, 2003 at 1577 Ivy
Avenue East (J0306A1); and towing abandoned vehicles from private property during November and
December, 2002 at 853 Marion Street (J0302V3) (Laid over from November 5)
1577 Ivy Avenue East - Legislative Hearing Officer recommends approval of the assessment;
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853 Marion Street - Legislative Hearing Officer recommends reducing the assessment to $235 plus the
$45 service fees for a total assessment of $280)
Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0
19a. Resolution - 03 -1013 - Requesting the Office of Human Resources to bring forward a plan,
developed in consultation with Council Research, for the process of selecting a new Police Chief.
Substitute introduced, amended, and adopted
Yeas - 6 Nays - 0 (Harris not present for vote)
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 DAYSAFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
20. Final Adoption - 03 -890 - An ordinance amending Chapter 34 of the Saint Paul Legislative Code to
allow for reinspection and excessive initial inspection fees to be collected by special assessment.
(Substitute introduced and laid over from November 5)
Adopted Yeas - 5 Nays - 1- Blakey (Harris not present for vote)
(Councilmember Lantry requested quarterly reports be provided by Andy Dawkins, Office of
Neighborhood Housing and Property Improvements)
21. Final Adoption - 03 -891 - An ordinance amending Chapter 51 (Rental Registration) of the Saint Paul
Legislative Code to allow for interior inspections of one and two unit rental dwellings and clarify grounds
for rental registration revocation. (Substitute introduced and laid over from November 5)
Adopted Yeas - 6 Nays - 1 - Blakey
22. Final Adoption - 03 -937 - An ordinance adopting Zoning Ordinance Amendments related to the
Arcade Street Commercial 40 Acre Study. (Substitute introduced November 5)
Adopted Yeas - 7 Nays - 0
23. Second Reading - 03 -992 - An ordinance amending Chapter 86 of the Saint Paul Administrative Code
pertaining to the rules and regulations of the Board of Water Commissioners.
Laid over to November 19 for third reading /public hearing
24. Second Reading - 03 -993 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to zoning for the City of Saint Paul with changes for the Trout Brook/Lower Phalen Creek
Greenway zoning maps.
Laid over to November 19 for third reading /public hearing
25. Second Reading - 03 -994 - An ordinance amending Chapter 402 of the Saint Paul Legislative Code to
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comply with changes to the state law regarding charitable gambling.
Laid over to November 19 for third reading /public hearing
26. Second Reading - 03 -995 - An ordinance amending Chapter 409.21 of the Saint Paul Legislative
Code to comply with changes to the state law regarding charitable gambling.
Laid over to November 19 for third reading /public hearing
27. Second Reading - 03 -1002 - An ordinance amending Chapters 33 and 34 of the Saint Paul Legislative
Code to establish requirements for student dwellings including Certificate of Occupancy inspections and
the installation of hard wired smoke detectors.
Laid over to November 19 for third reading /public hearing
Suspension Items:
Resolution - 03 -1014 - Recognizing Bernie Bullert, General Manager, Regional Water Services, on his
retirement after 35 years of service to the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
Resolution - 03 -1015 - Authorizing Mai Village Restaurant, 394 University Avenue, to apply to the
Metropolitan Council for clean -up funds on behalf of the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
28. POLICY SESSION (Laid over from October 8)
To Review the City's Efforts to Promote Equal Access to City Contracts
1. Introduction - Scope of the policy session and why the City Council is concerned about this topic
(Marcia Moermond, Lead Policy Staff, City Council Research).
[5 minutes]
2. Background Information and History of City's programs to promote equal access (Bob Kessler,
Council Research Staff) [8 to 10 minutes]
From Set Aside to Targeted Vendor to the Vendor Outreach Program in 1997
Croson Case Ramifications
What Other Local Governments are doing to promote equal access
3. Responsibilities and Accomplishments in Promoting Equal Access (various staff, see below)
Legislative Code Chapter 183:
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Human Rights Department (Tyrone Terrill, Human Rights Director)
[10 minutes]
Administrative Code Chapter 84:
Division of Contract and Analysis Services (Linda Camp, Manager of Contract and Analysis Services) [8
to 10 minutes]
Department of Planing and Economic Development (Martha Fuller, Director of PED) [5 minutes]
4.Minority Business Development and Retention Initiative (Martha Fuller, Director of PED) [8 to 10
minutes]
5. Community Perspectives (invited guests) [30 minutes]
6. Public Hearing [30 minutes]
7. Conclusions and Recommendations
Council Meeting Information
Website
For an updated copy of the City Council Meeting agendas or minutes, please visit our website at
http: / /www. ci. stpaul. inn. us /council /
Cable
The City Council and Housing and Redevelopment Authority (HRA) Meetings are cablecasted live on
Channel 18 and repeated on Thursdays at 7:00 p. in., Saturdays at 12:30 p.m., and Sundays at 1:00 p.m.
(Subject to change). Also, the City Council and HRA Agendas are cablecasted on Saturdays at 8:00 a.m.
and 7:30 p.m., Sundays at 5:30 p.m., Mondays at 8:00 a.m. 1:30 p. in., and 5:30 p. in.; Tuesdays at 8:00
a.m., and 5:30 p.m.; and Wednesdays at 8:00 a.m. and 1:30 p.m.
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