Minutes 4-2-2003Page 1 of 9
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, April 2, 2003 - 3:30 - 5:00 p.m.
PUBLIC HEARINGS - 5:30 - 6:30 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
• Public Hearings
• Miscellaneous
• Suspension Items
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items 1 - 27)
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
CO UNCIL MEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND
CONSIDERED SEPARATELY.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Venus Branson, Margaret Hayek, Toni Hartman, Irene Sachi, and Jonathan Sommers -
Kropf.
Referred to the Risk Management Division
2. Summons and Complaint in the matter of Gale Rachuy vs. the City of Saint Paul.
Referred to the City Attorney's Office
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3. Summons and Complaint in the matter of Lolita Baggett, o /b /o her minor -son, Anthony ( "TY')
Baggett, an d Bernard Collins, o /b /o minor -son, Bernard Miller, as their parents and natural guardians
vs. the City of Saint Paul.
Referred to the City Attorney's Office
4. Letter from the Real Estate Division announcing a public hearing before the City Council on April 23,
2003, to consider the vacation of the City's interest of Pullman Avenue from White Bear Avenue to 125
feet east for green space and driveway purposes.
5. Administrative Orders:
D002260 Amending the spending plans for budget year 2002 for the Department of Public Works
General Fund activities.
D002261 Transferring budget money to provide adequate funding at the budgetary control levels of the
Police Department's 2002 General
Fund budget.
D002262 Transferring budget money to provide adequate funding at the budget control levels for the
Office of Financial Services' 2002 General Fund - Special Projects Fund.
D002263 Transferring budget money to provide adequate funding at the budget control levels for the
Office of License, Inspections and Environmental Protection 2002 General Fund - Executive
Administration.
Noted as on file in the City Clerk's Office
FOR ACTION
6. Resolution - 03 -274 - Approving the Memorandum of Understanding between the City of Saint Paul
and the Saint Paul Supervisors Organization. (Laid over from March 26 for adoption)
Adopted Yeas - 7 Nays - 0
7. Resolution - 03 -275 - Approving the Memorandum of Understanding between the City of Saint Paul
and the Saint Paul Supervisory Association of the International Association of Fire Fighters, Local 3939.
(Laid over from March 26 for adoption)
Adopted Yeas - 7 Nays - 0
8. Resolution - 03 -276 - Approving the Memorandum of Understanding between the City of Saint Paul
and Tri- Council Local 120, Local 49 and Local 132. (Laid over from March 26 for adoption)
Adopted Yeas - 7 Nays - 0
9. Resolution - 03 -277 - Approving the Employment Agreements between Independent School District
No. 625 and International Union of Operating Engineers, Local No. 70, Exclusive Representative for
Custodians; Minnesota School Employees Association, representing Classified Confidential Employees
Association and School Service Employees, Local 284, exclusive representative for Cook Managers.
(Laid over from March 26 for adoption)
Adopted Yeas - 7 Nays - 0
10. Resolution - 03 -320 - Approving the appointments, by Mayor Kelly, of Kathleen Engesser and
Kathy Larkin to the Workforce Investment Board.
Adopted Yeas - 7 Nays - 0
11. Resolution - 03 -321 - Encouraging Saint Paul families to host a child this summer in conjunction
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with the Children's Program of Northern Ireland or otherwise support this remarkable effort.
Adopted Yeas - 7 Nays - 0
12. Resolution - 03 -322 - Authorizing the proper City officials to enter into a Written Agreement with
the Friends of the Saint Paul Library for the services of Steve Nelson to provide outreach support, fulfill
grant and sponsorship requirements, and perform community liaison activities.
Adopted Yeas - 7 Nays - 0
13. Resolution - 03 -323 - Establishing a 2003 financing and spending plan for the reimbursement of
training and equipment expenditures for the St. Paul Police Department Ordnance Disposal Unit.
Adopted Yeas - 7 Nays - 0
14. Resolution - 03 -324 - Authorizing Saint Paul Fire and Safety Services to conduct various fire
training exercises at the property located at 2160 Highwood Avenue.
Adopted Yeas - 7 Nays - 0
15. Resolution - 03 -325 - Amending Council File 93=1-2 03 -26 adopted February 26, 2003, by granting
Wally Nelson, Renovation Inc., an extension of 180 days to complete the rehabilitation of the property
at 1198 Sherburne Avenue.
Adopted Yeas - 7 Nays - 0
16. Resolution - 03 -326 - Approving the application for Gas Station, Malt Off Sale, Retail Food
Establishment - Grocery (3,000 to 6,000 sq. ft.), Restaurant (A), and Cigarette /Tobacco Licenses by A &
S Holdings, Inc., dba Marathon Food and Gas, 626 Larpenteur Avenue West.
Adopted Yeas - 7 Nays - 0
17. Resolution - 03 -327 - Concerning adverse action against all licenses held by Asian Cuisine LLC, dba
Asian Cuisine, 945 Rice Street.
Adopted Yeas - 7 Nays - 0
18. Resolution - 03 -328 - Concerning adverse action against the City Contractor license held by Great
Northern Exteriors, 325 Arlington Avenue West.
Adopted Yeas - 7 Nays - 0
19. Resolution - 03 -329 - Concerning adverse action against the licenses held by SD Ray, Inc., dba
Scott's Place, 1178 Arcade Street.
Adopted Yeas - 7 Nays - 0
20. Resolution - 03 -330 - Amending the spending and financing plans of the Phalen Boulevard project
and the 2003 Downtown Street Redesign project.
Adopted Yeas - 7 Nays - 0
21. Resolution - 03 -331 - Amending the spending and financing plans of the Robert and Fillmore Signal
project to include an increase of $210,000 in assessment funding.
Adopted Yeas - 7 Nays - 0
22. Resolution - 03 -332 - Authorizing the City to submit the 2003 Consolidated Plan (CDBG, ESG,
HOME) to the U.S. Department of Housing and Urban Development (HUD).
Adopted Yeas - 7 Nays - 0
23. Resolution - 03 -333 - Authorizing a Second Amendment to the Contract for Redevelopment between
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Centex Multi - Family Upper Landing, LLC, City of Saint Paul, and Saint Paul Housing and
Redevelopment Authority.
Adopted Yeas - 7 Nays - 0
24. Resolution - 03 -334 - Amending the City of Saint Paul's 2003 Capital Improvement Budget for the
City's outdoor public Farmers' Market upgrade at Fourth and Wall Streets, and accepting private funds
from the Friends of the Saint Paul Farmers' Market for this project.
Substitute introduced and adopted Yeas - 7 Nays - 0
25. Resolution - 03 -335 - Memorializing City Council action taken February 26, 2003, granting the
application of MENARD, Inc., for a preliminary and final plat to allow 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.
Adopted Yeas - 7 Nays - 0
26. Preliminary Order - 03 -336 - 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, and setting date of public hearing for
April 23, 2003. (File No. 18982)
Adopted Yeas - 7 Nays - 0
27 Preliminary Order - 03 -337 - In the matter of sidewalk reconstruction and /or new construction at
various locations in Wards 2, 5 and 6, and setting date of public hearing for April 23, 2003. (File No.
02WALKS4)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
28. Administrative Order:
D002220 Extending Lease Agreement PW /41 with Eller Media Company granting the continued use of
3,750 square feet of vacant land near Cayuga Street and 35E for the purpose of operating and
maintaining an outdoor advertising sign. (Laid over from February 5)
Withdrawn Yeas - 7 Nays - 0
29. Resolution - 03 -301 - Ordering the owner to remove or repair the building at 20 Sycamore Street
East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
granting the owner 180 days to complete the rehabilitation of the property) (Laid over from March 26)
Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 7 Nays -
0
30. Amended Final Order - 03 -310 - Deleting Roblyn Avenue from Dewey Street to Fairview Avenue
(Wheeler Iglehart RSVP Paving and Lighting Project). (File No. 18957) (Laid over from March 26)
Adopted Yeas - 5 Nays - 2 (Blakey, Coleman)
31. 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 March 26)
Laid over to April 16 Yeas - 7 Nays - 0
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32. Resolution - 03 -338 - Adopting the Irvine Avenue Development Plan as an addendum to the Saint
Paul Comprehensive Plan. (This item should be approved at the same time as the two ordinances - Items
33 and 34.)
Adopted 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
CO UNCIL AND 30 DAYS AFTER P UBLICATION IN THE SAINT PA UL LEGAL LEDGER
33. Final Adoption - 03 -234 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to zoning for the City of Saint Paul with changes for the Irvine Avenue hillside in the zoning
map, in off - street parking standards, and hillside design standards.
Adopted Yeas - 7 Nays - 0
34. 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.
Laid over to April 9 Yeas - 7 Nays - 0
35. Final Adoption - 03 -257 - An ordinance amending the interim ordinance adopted in Council File No.
01 -648 (The Arcade Street Study) by extending the terms of the interim ordinance established therein
for an additional six months as authorized in Minn. Stat. § 462.357, Subd. 4.
Adopted Yeas - 7 Nays - 0
36. Final Adoption - 03 -258 - An ordinance creating a separate library agency and establishing its
duties, powers and composition. (Substitute introduced on March 19)
Adopted Yeas - 7 Nays - 0
37. Second Reading - 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)
Laid over to April 9 for third reading
38. First 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 9 for second reading
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
39. Resolution - 03 -340 - Ordering the owner to remove or repair the building at 718 Sherburne Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying
over to the April 8, 2003 Legislative Hearing and the April 23, 2003 City Council Meeting)
Laid over to May 7 Yeas - 6 Nays - 0 (Coleman not present for vote)
40. Resolution Ratifying Assessment - 03 -341 - In the matter of summary abatements (property clean-
up) for properties located at 819 Johnson Parkway and 1076 Maryland Avenue East. (Laid over from
March 26) (Legislative Hearing Officer recommends the following:
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819 Johnson Parkway (J0207A2A) - approval of the assessment
1076 Maryland Avenue East (J0207A2) - reducing the assessment from $195.00 to $100.00 plus the
$45.00 administrative fees for a total assessment of $145.00)
Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 7 Nays -
0
41. Resolution Ratifying Assessment - 03 -342 - In the matter of the assessment of benefits, cost and
expenses for summary abatements (property clean -up) for property at 837 Fourth Street East and
property at 279 Nugent and 0 Nugent. (Laid over from March 5) (Legislative Hearing Officer
recommends the following:
837 Fourth Street East (J0207AAAA) - laying over to the April 8, 2003 Legislative Hearing and
the April 23, 2003 City Council Meeting
0 Nugent Street and 279 Nugent Street (J0207A1AAA) - reducing the assessments from $351.00 to
$211.00 plus the $90.00 administrative fees for total assessments of $301.00)
Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 7 Nays -
0
42. Resolution Ratifying Assessment - 03 -343 - In the matter of the assessment of benefits, costs and
expenses for towing of abandoned vehicles from private property at 972 Dayton Avenue (J0205VV).
(Laid over from March 5) (Legislative Hearing Officer recommends reducing the assessment from
$422.05 to $227.05 plus the $45.00 administrative fees for a total assessment of $272.05)
Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 7 Nays -
0
43. Appeal of Freddie D. Smith, Jr. to a Summary Abatement Order for property located at 1487 Selby
Avenue. (Legislative Hearing Officer recommends denying the appeal)
Appeal denied (per the recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0
44. Amended Final Order - 03 -344 - In the matter of improving Selby Avenue from Kent Street to Avon
Street by constructing new bituminous surfaced streets with concrete curb and gutter, bumpouts at
corners, concrete driveway aprons and outwalks, boulevards landscaped with sod and trees, a new twin
lantern style street lighting system, lead water service replacements, and sanitary sewer repairs and all
other work necessary to complete said improvements . Amended version includes improvements to parts
of Dale Street and operation costs for twin lantern lights on Selby Avenue. (File Nos. 18981 and
18981C)
Adopted Yeas - 7 Nays - 0
45. Final Order in Condemnation Proceedings - 03 -346 - In the matter of acquiring the property at the
northwest corner of Grove and Olive Streets and the southeast corner of 13th and Olive Streets for
parking for the new Police Department Headquarters (Griffin Building). (File No. AE2002 -6)
Adopted as amended Yeas - 7 Nays - 0
46. Resolution Ratifying Assessment - 03 -347 - In the matter of approving the assessment of benefits,
costs and expenses for miscellaneous alley work as requested by property owners in conjunction with
the Cottage /Greenbrier paving and lighting project and street improvements on Barclay Street from Case
Avenue north to the railroad right -of -way. (File Nos. 18954C and 18977)
Adopted Yeas - 7 Nays - 0
47. Resolution Ratifying Assessment - 03 -348 - In the matter of approving the assessment of benefits,
costs and expenses for construction of sanitary sewer service connections as part of the Case /Hazelwood
area RSVP Project. (File No. 18929C)
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Adopted Yeas - 6 Nays - 0 (Coleman not present for vote)
48. Resolution Ratifying Assessment - 03 -349 - In the matter of approving the assessment of benefits,
costs and expenses for water connection in the Case /Hazelwood area for the property at 1742 Bush
Avenue and water connection in the Page /Manomin area for the property at 633 Orleans Street. (File
Nos. 18929WC and 18931 WC)
Adopted Yeas - 7 Nays - 0
49. Resolution Ratifying Assessment - 03 -350 - In the matter of approving the assessment of benefits,
costs and expenses for grading and paving of the alley in Block 14, Hayden Heights (bounded by Ivy,
Furness Parkway, Clear, and Ruth) and the alley in Block 14, Summit Park Addition (bounded by
Osceola, Avon, Fairmount, and Victoria). (File Nos 18944 and 18946)
Adopted Yeas - 7 Nays - 0
50. Resolution Ratifying Assessment - 03 -351 - In the matter of approving the assessment of benefits,
costs and expenses for construction of areaways on Fifth Street east of St. Peter Street in connection
with the Wabasha West Streetscape Project, Phase I, affecting the property at 355 Wabasha Street North.
(File No. 1889413)
Adopted Yeas - 7 Nays - 0
51. Public hearing to consider the appeal of Mark Voerding, James Hirsh, Thomas Darling, William and
Althea Sell, et. al., to a decision of the Saint Paul Planning Commission approving a conditional use
permit, with variances, for a carriage house at 449 Portland Avenue.
Motion of Intent - Appeal denied
Yeas - 4 Nays - 3 (Benanav, Coleman, Lantry)
52. Public hearing to consider the application of the Metropolitan Council (Eastside Bus Garage) for
approval of a final plat to create two industrial lots at 800 Mississippi Street between York and
Minnehaha Avenues. (Note: This public hearing will not be held due to lack of notification requirements
- public hearing is scheduled for April 23)
Public hearing scheduled for April 23
53. Public hearing to consider the application of Northern States Power Company, dba Xcel Energy, for
a combined plat to create an outlet for a new rail spur at 435 James Avenue.
Motion of Intent - Application granted Yeas - 7 Nays - 0
MISCELLANEOUS
54. Recognizing Sue Hurley, Department of Planning and Economic Development, Public Information
Specialist, on her retirement after 36 years of City service.
Sue Hurley was recognized on her retirement from City service.
Suspension Items
Resolution - 03 -352 - Thanking Suzanne Hurley for her love, dedication and service to the City of Saint
Paul.
Adopted Yeas - 7 Nays - 0
Resolution - 03 -353 - Honoring Sean Kershaw and proclaiming April 2, 2003, to be "Sean Kershaw
Day" in the City of Saint Paul in recognition of his positive contribution to the future of the City and to
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the personal and professional fabric of its Department of Planning and Economic Development.
Adopted Yeas - 7 Nays - 0
Greg Blees, Council Secretary, announced the following:
The City Council set a special public hearing for Wednesday, April 9, 2003, at 4:00 p.m. to hear public
comments and concerns regarding the budget adjustment recommendations made by the City Council
Ad Hoc Budget Committee. The Committee made budget adjustment recommendations totaling
$19,041,949. to help offset a proposed 2004 Local Government Aid cut of $34,000,000. Information
regarding the proposed budget adjustments recommended by the Ad Hoc Budget Committee will be
posted on the City's Internet Web Page at: www.ci.stpaul.mn.us /budget /index.html.
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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