Minutes 4-16-2003Page 1 of 7
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, April 16, 2003 - 3:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Nancy Anderson, Assistant Secretary to the Council
Mary Erickson, Clerical Support - 651- 266 -8565
Office of the City Council
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Suspension Items
Present - 6 - Benanav, Bostrom, Coleman, Harris, Lantry, Reiter
Absent -1 - Blakey (excused)
CONSENT AGENDA (Items I - 23)
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.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Matthew Conner, Avelino Gadea, Janice Herme, Roger Meidlinger, Courtney New, Julia
Reiland, and Mai Xiong.
Referred to the Risk Management Division
2. Answer and Cross -Claim in the matter of Town Square Realty, LLC vs. the City of Saint Paul and
Michael Wong, dba Town Square Garden, Incorporated.
Referred to the City Attorney's Office
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3. Notice of Motion and Motion for Release of Quick Take Funds in the matter of the Saint Paul
Housing and Redevelopment Authority vs. Steven & Pamela Lang, City of Saint, et. al. (Regarding 2565
Franklin Avenue).
Referred to the City Attorney's Office
4. Summons and Complaint, Notice of Motion and Motion for Temporary Restraining Order,
Memorandum of Law in Support of Motion for Temporary Restraining Order and Proposed Order in the
matter of Mark Voerding, James Hirsch, Thomas Darling, and William and Althea Sell vs. the City of
Saint Paul (Regarding 449 Portland Avenue).
Referred to the City Attorney's Office
5. Amended Notice of Motion and Motion for Temporary Restraining Order in the matter of Mark
Voerding, James Hirsch, Thomas Darling, and William and Althea Sell vs. the City of Saint Paul.
Referred to the City Attorney's Office
6. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on April 23, 2003, to consider the application of Lewis Curley to rezone
property from RT -1 (Two Family) to RT -2 (Townhouse Residential) to allow for a triplex located at 564
Winslow Avenue (at Stevens
Street).
7. Letter from the Real Estate Division announcing a public hearing before the City Council on May 7,
2003, to consider a permanent easement on a portion of Phalen Golf Course to construct and maintain a
sanitary sewer.
8. Administrative Orders:
D002269 Extending time of contract with Lametti & Sons, Inc. for the Drake Street Sewer Repairs from
May 31, 2002 to July 30, 2002, due to additional work added to the project.
D002270 Transferring the 2002 budget authority to provide sufficient funding at the budgetary control
level of the Parks and Recreation 1 Revenue Fund, Municipal Athletics Programming Fund - Parks and
Recreation.
D002271 Transferring the 2002 budget authority to provide sufficient funding at the budgetary control
level of the Parks and Recreation Municipal Stadium Special Revenue Fund 334.
D002272 Transferring the 2002 budget authority to provide sufficient funding at the budgetary control
level of the Parks and Recreation's General Fund budget (001).
D002273 Transferring the 2002 budget authority to provide sufficient funding at the budgetary control
level of the Parks and Recreation's Special Revenue Fund, Como Campus Fund (380).
D002274 Amending the 2002 General Fund budget within Financial Services to cover year -end
variances.
Noted as on file in the City Clerk's Office
FOR ACTION
9. Approval of minutes of April 2 and 9, 2003.
Adopted Yeas - 6 Nays - 0
10. Resolution - 03 -354 - Approving the establishment of the classified position of Accounts Payable
Technician in Grade 27 of the 2002 -2004 Labor Agreement between the Independent School District
No. 625 and the American Federation of School, County and Municipal Employees, Local 14. (Laid
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over from April 9 for adoption)
Adopted Yeas - 6 Nays - 0
11. Resolution - 03 -345 - Amending prior and current year budgets for adoption of the 2003 Citywide
Maintenance Program recommendations.
Adopted Yeas - 6 Nays - 0
12. Resolution - 03 -376 - Transferring Council Contingency budget within Public Works Engineering
activities to add temporary employees for the 2003 construction season.
Adopted Yeas - 6 Nays - 0
13. Resolution - 03 -377 - Approving the decisions of the Legislative Hearing Officer on Appeals of
Letters of Deficiency, Correction Orders, and Correction Notices for 1177 Clarence Street and 1551
Hewitt Avenue.
Adopted Yeas - 6 Nays - 0
14. Resolution - 03 -378 - Authorizing the Marketing and Promotions Office to accept contributions from
various outside sources to offset the costs associated with the 2003 Winter Carnival Mayoral Reception
and thanking the contributors for their financial support for this event.
Adopted Yeas - 6 Nays - 0
15. Resolution - 03 -379 - Establishing a 2003 Spending Plan for the City's Tenant Remedy Actions
Initiative.
Adopted Yeas - 6 Nays - 0
16. Resolution - 03 -380 - Concerning adverse action against the Cigarette license held by Tuan Pham,
dba Capital Market, 478 University Avenue West.
Withdrawn Yeas - 6 Nays - 0
17. Preliminary Order - 03 -381 - In the matter of the construction of Livingston Avenue from Plato
Boulevard to Fairfield Street with a new bituminous surfaced street, concrete curb and gutter, construct
sanitary sewer /connections, construction of water main /connections, storm sewer connections, and
setting date of public hearing for May 28, 2003. (File No. 18986 & 18986W)
Adopted Yeas - 6 Nays - 0
18. Preliminary Order - 03 -382 - In the matter of the construction of a sanitary sewer and service
connections for Skyway Drive from Highwood Avenue to approximately 1600 feet up Skyway Drive,
and setting date of public hearing for May 28, 2003. (File No. 18984)
Adopted Yeas - 6 Nays - 0
19. Resolution Approving Assessment - 03 -383 - In the matter of approving the assessment of benefits,
costs and expenses for the construction of the Downtown Streetscape Project, Phase 2A (Fourth Street
West, Market Street and Washington Street), and setting date of public hearing for May 28, 2003. (File
No. 18966A)
Adopted Yeas - 6 Nays - 0
20. Resolution Approving Assessment - 03 -384 - In the matter of approving the assessment of benefits,
costs and expenses for the construction of the Downtown Streetscape Project, Phase 2B (Fifth Street
West, Market Street and the Intersection at Sixth Street and St. Peter Street), and setting date of public
hearing for May 28, 2003. (File No. 1896613)
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Adopted Yeas - 6 Nays - 0
21. Resolution Approving Assessment - 03 -385 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction in various locations throughout the City (Wards 1 and 5), and
setting date of public hearing for May 28, 2003. (Work already done) (File No. 02WALKSI)
Adopted Yeas - 6 Nays - 0
22. Resolution Approving Assessment - 03 -386 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction in various locations throughout the City (Wards 3 and 6), and
setting date of public hearing for May 28, 2003. (Work already done) (File No. 02WALKS2)
Adopted Yeas - 6 Nays - 0
23. Resolution Approving Assessment - 03 -387 - In the matter of the assessment of benefits, cost and
expenses for sidewalk reconstruction in various locations throughout the City (Wards 2, 4 and 7), and
setting date of public hearing for May 28, 2003. (Work already done) File No. 02WALKS3)
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
24. Final Order in Condemnation Proceedings - 03 -317 - In the matter of acquiring permanent easements
for right -of -way purposes and temporary construction easements to improve White Bear Avenue from
Hoyt Avenue to Larpenteur Avenue. (File No. AE2003 -1) (Laid over from April 2)
Laid over to April 23 Yeas - 6 Nays - 0
25. Resolution - 03 -245 - Approving the Housing Action Plan 2003. (Laid over from April 9)
Adopted (Housing Action Plan adopted as amended) Yeas - 6 Nays - 0
26. Resolution - 03 -375 - Granting Mayor Randy Kelly the authority to proceed with implementing
Round 2A budget adjustments addressing a $34,000,000 State aid cut proposed for the City of Saint
Paul's 2004 operating budget. (Laid over from April 9)
Substitute introduced and adopted Yeas - 6 Nays - 0
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER
27. Final Adoption - 03 -235 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to citywide zoning regulations for development on steep slopes. (Substitute introduced and
laid over from April 9)
Adopted Yeas - 6 Nays - 0
28. Final Adoption - 03 -295 - An ordinance to rezone property at 1173, 1177 and 1183 Arkwright Street
from R -4 Single Family Residential to B -3 General Business. (Public hearing held March 5)
Adopted Yeas - 6 Nays - 0
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29. Third Reading - 03 -339 - An ordinance finalizing City Council action approving the application of
MENARD, Inc. to rezone property from I -2 (Heavy Industrial) and B -3 (General Business) to I -1
(Industrial) to allow the construction of a Menards Home Improvement Store at the northwest corner of
University Avenue and Prior Avenue, including 1975 University Avenue and 573 North Prior Avenue.
(Public hearing held February 26)
Laid over to April 23 for final adoption
30. Second Reading - 03 -367 - An ordinance amending Chapter 66 of the Saint Paul Legislative Code
pertaining to sports facilities sponsorship signs.
Laid over to May 7 for third reading /public hearing Yeas - 6 Nays - 0
31. Second Reading - 03 -368 - An ordinance amending Chapter 106 of the Saint Paul Legislative Code
to permit alcohol to be served in sidewalk cafes in all areas of the City, eliminating the restriction of
such service only to the downtown business district or commercial development districts.
Laid over to April 23 for third reading /public hearing
32. Second Reading - 03 -369 - An ordinance amending Chapter 179 of the Saint Paul Legislative Code
to permit alcohol to be served in sidewalk cafes in all areas of the City, eliminating the restriction of
such service only to the downtown business district or commercial development districts.
Laid over to April 23 for third reading /public hearing
33. Second Reading - 03 -370 - An ordinance amending Chapter 245 of the Saint Paul Legislative Code
to permit alcohol to be served in sidewalk cafes in all areas of the City, eliminating the restriction of
such service only to the downtown business district or commercial development districts.
Laid over to April 23 for third reading /public hearing
34. Second Reading - 03 -371 - An ordinance amending Chapter 246 of the Saint Paul Legislative Code
to permit alcohol to be served in sidewalk cafes in all areas of the City, eliminating the restriction of
such service only to the downtown business district or commercial development districts.
Laid over to April 23 for third reading /public hearing
35. Second Reading - 03 -372 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code
to permit alcohol to be served in sidewalk cafes in all areas of the City, eliminating the restriction of
such service only to the downtown business district or commercial development districts.
Laid over to April 23 for third reading /public hearing
36. Second Reading - 03 -374 - An ordinance amending the interim ordinance adopted pursuant to
Minnesota Statute § 462.355, Subd. 4, in Council File No. 02 -1115 on December 26, 2002, which
preserved the status quo with respect to the use of property in the Sunray area.
Laid over to April 23 for third reading /public hearing
37. First 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.
Laid over to April 23 for second reading
Suspension Items
Resolution - 03 -389 - Thanking Ronald Clark for his service to the community through his position as
Editorial Page Editor of the Pioneer Press and in honor of him receiving his honorary Doctor of Law
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degree from the University of Saint Thomas, proclaiming Tuesday, April 22, 2003, as Ronald Clark Day
in the City of Saint Paul.
Adopted Yeas - 6 Nays - 0
Resolution - 03 -390 - Gratefully accepting the gift of playoff tickets to the first National Hockey League
Stanley Cup Playoff game hosted in Saint Paul and wishing the very best for the success of our
Minnesota WILD.
Adopted Yeas - 6 Nays - 0
Resolution - 03 -391 - Requesting the Mayor to immediately direct staff lobbyists, other City employees
and City contract lobbyists to cease all legislative activity unrelated to the adopted City of Saint Paul
Legislative Agenda and requesting them to attend the April 23, 2003, City Council meeting and report
specifically on the status of the adopted legislative agenda and any other legislative activity not related
to that agenda with which they have been involved.
Adopted Yeas - 6 Nays - 0
Resolution - 03 -392 - Reiterating the City Council's strong support for the State legislation passed in
2002 creating a separate Library Agency and urging the Saint Paul Legislative Delegation and members
of the Minnesota Legislature to allow Saint Paul to continue this path toward true innovation.
Adopted Yeas - 6 Nays - 0
Resolution - 03 -393 - Approving the indemnification in the Qwest Agreement and authorizing City
officials to enter into the agreement with Qwest for trunk line service at the Como Zoo and
Conservatory Campus.
Adopted Yeas - 6 Nays - 0
Council Meeting Information
Website
For an updated copy of the City Council Meeting agendas or minutes, please visit our website at
www.ci.stpaul.mn.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.m., 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.m., and 5:30 p.m.; 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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