Minutes 4-23-2003Page 1 of 10
ACTION MINUTES
OF THE SAINT PAUL CITY COUNCIL
Wednesday, April 23, 2003 - 3:30 p.m.
PUBLIC HEARINGS - 5:30 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
• Suspension Items
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items 1 - 20)
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
The following communications were read into the record by Nancy Anderson, Assistant Secretary to the
City Council:
Letter from the Department of Planning and Economic Development announcing a public hearing before
the City Council on May 7, 2003, to consider the appeal of Scenic Saint Paul and various individuals to
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a decision of the Saint Paul Planning Commission granting the appeal of Clear Channel Outdoor, Inc., to
permit repair of a damaged billboard face at 1084 University Avenue.
Letter from the Office of the City Attorney announcing a public hearing before the City Council on May
7, 2003, to consider a taxicab driver license renewal application by James Rejsa.
1.Claims of American Family Insurance Group (for client Pat Zoerb), The Hartford (for clients Kathleen
Cota and Mary Donohue), Carl Hovey, Jr., Osterbauer Law Firm (for client Larry Brown), Deborah
Strasser and Pong Xiong.
Referred to the Risk Management Division
2.Summons and Complaint in the matter of Melissa Lee vs. the Saint Paul Public Housing Agency.
Referred to the City Attorney's Office
3.Amended Verified Complaint in the matter of Mark Voerding, James Hirsh, Thomas Darling, William
and Althea Sell, Jo Ann Erickson and Richard Erickson vs. the City of Saint Paul.
Referred to the City Attorney's Office
4.Letter from the Office of Financial Services requesting a public hearing before the City Council on
May 7, 2003, to consider District Cooling's request for a cooling rate increase pursuant to Chapter 16 of
the City of Saint Paul Charter.
5.Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on May 7, 2003, to consider the appeal of Roger and Kathleen Anderson to a
decision of the Planning Commission approving a Conditional Use Permit for a carriage house at 590
Montcalm Place.
6.Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on May 7, 2003, to consider the application of Dayton's Bluff Neighborhood
Housing Services to rezone from RT -2 (Townhouse Residential) and I -1 (Industrial) to RM -2 (Multi -
Family Residential) to allow construction of three 8 -unit rowhouses at the east side of Payne Avenue
(north of Hopkins Street and south to Kenny Road).
7.Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on May 7, 2003, to consider a sound level variance application from Bill
Fannning, Executive Vice President /General Manager of the St. Paul Saints Baseball Club for an
amplified music concert to be held on June 15, 2003, from 12:00 noon to 8:30 p.m. at Midway Stadium,
1771 Energy Park Drive.
8.Letter from the Office of Citizen Service /Division of Property Code Enforcement declaring 928
Maryland Avenue East as nuisance property. (For notification purposes only; public hearing will be
scheduled at a later date if necessary.)
9.Administrative Orders:
. D002275 Transferring budget authority to provide sufficient funding at the budgetary control
level of the Parks and Recreation's 2002 Special Recreation Activities Fund Budget (391).
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• D002276 Transferring spending authority within the Department of Public Work's Street Repair
and Cleaning Fund to adjust the spending budget for capital outlay purchases.
• D002277 Authorizing the Saint Paul Public Library to hold a volunteer recognition program at the
Saint Paul Radisson Inn on May 8, 2003, and a youth volunteer recognition in the Fall of 2003
with monies provided by The Friends of the Library.
• D002278 Authorizing time extension with Thomas & Sons Construction for the North Quadrant
Phase III (including East Seventh Street from Wacouta Street to Jackson Street).
• D002279 Authorizing time extension with Schurcon, Inc. for the Wabasha West Streetscape Phase
II (Downtown2A).
• D002280 Amending the 2002 General Fund budget within the Mayor's Office to cover year -end
variances.
• D002281 Amending the 2002 General Fund budget within Technology and Management Services
to cover year -end variances.
• D002282 Amending the 2002 General Fund budget within the General Government accounts to
cover year -end variances.
• D002283 Transferring funds from the Mayor's Contingency Fund (0518) to support the Mayor's
Leadership Academy classes to be held in the Spring and Fall of 2003.
• D002284 Transferring spending authority within the Department of Public Works Street Repair
and Cleaning Fund to adjust the spending budget for various purchases made during the year.
Noted as on file in the City Clerk's Office
FOR ACTION
10.Approval of minutes of April 16, 2003.
Adopted Yeas - 7 Nays - 0
I l Resolution - 03 -394 - Establishing the rate of pay for the new classification titled Parks Worker -
Golf (seasonal) in Grade 1 lU, Bargaining Unit 72, Groundsworker Local 132 Salary Schedule.
Adopted Yeas - 7 Nays - 0
12.Resolution - 03 -395 - Memorializing City Council action taken February 26, 2003, granting the
request of David Dorris to withdraw his appeal to a decision of the Heritage Preservation Commission
denying a building permit to convert an auto garage to a residence at 1575 Summit Avenue.
Adopted Yeas - 7 Nays - 0
13.Resolution - 03 -396 - Memorializing City Council action taken February 5, 2003, denying an appeal
by Nicollet Restoration to a decision of the Planning Commission to revoke a River Corridor
Conditional Use Permit to allow four single boat docks and one group dock, with provision for propane
gas and electricity for boats using the dock, at 436 Shepard Road.
Adopted Yeas - 7 Nays - 0
14.Resolution - 03 -397 - Approving the decision of the Legislative Hearing Officer on an appeal for
2100 Skyway Drive.
Adopted Yeas - 7 Nays - 0
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15.Resolution - 03 -398 - Approving the decisions of the Legislative Hearing Officer on Appeals for
Letters of Deficiency, Correction Notices, and Correction Orders for 1069 Hudson Road and 1044 Front
Avenue.
Adopted Yeas - 7 Nays - 0
16.Resolution - 03 -399 - Amending Council File 03 -133 and granting Robert Pilz of Homevestors, Inc.,
dba Home Renew LLC, 180 days to complete rehabilitation of the property at 2285 Benson Avenue.
Adopted Yeas - 7 Nays - 0
17.Resolution - 03 -400 - Rescinding Council File No. 03 -57 adopted by the City Council on January 22,
2003, regarding the property description for the vacation of the North half of Pullman Avenue from
White Bear Avenue to 140 feet East.
Adopted Yeas - 7 Nays - 0
18.Resolution - 03 -401 - Accepting a $2 million grant and an $8 million loan from the Department of
Housing and Urban Development, and delegating to the Housing and Redevelopment Authority
responsibility for administering them.
Adopted Yeas - 7 Nays - 0
19.Resolution - 03 -402 - Transferring excess Sewer Availability Charge (SAC) revenues from
unreserved retained earnings to Capital Projects Fund C99 for sewer construction.
Adopted Yeas - 7 Nays - 0
20.Resolution - 03 -403 - Establishing a spending and financing plan for the Minnesota Transportation
Museum Railcar Renovation project.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
21.Final Order - 03 -311 - In the matter of constructing a pedestrian and bicycle trail which will link the
existing Bruce Vento Trail to Indian Mounds Park via Commercial Street and to Lowertown via Fourth
and Prince Streets, and doing all other work necessary to complete said improvements including
acquiring the necessary right -of -way and easements. (File No. AE2002 -05) (Laid over from March 26)
Adopted Yeas - 7 Nays - 0
22.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 16)
Laid over to May 7 Yeas - 7 Nays - 0
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23.Report from the City lobbyists on the status of the adopted City of Saint Paul Legislative Agenda and
any other legislative activity not related to that agenda with which they have been involved. (Request
from the City Council on April 16 per Council File No. 03 -391)
A report was presented by Dennis Flaherty, Deputy Mayor.
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY COUNCIL. IT IS READ AT FO UR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
COUNCIL AND 30 DAYS AFTER PUBLICATIONIN THE SAINT PAUL LEGAL LEDGER.
24.Final Adoption - 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.
Adopted Yeas - 7 Nays - 0
25.Second 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 May 7 for third reading /public hearing
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
26.Third 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 May 7 for final adoption
27.Third 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 May 7 for final adoption
28.Third 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 May 7 for final adoption
29.Third 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.
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Laid over to May 7 for final adoption
30.Third 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.
Substitute introduced and laid over to May 7 for final adoption
31.Third 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 May 7 for final adoption
32.Resolution - 03 -404 - Approving the modification of Energy Lane Business Center Redevelopment
Tax Increment Financing District and Hazardous Substance Subdistrict Financing Plan for the District to
include all of Parcel A.
Adopted Yeas - 7 Nays - 0
33.Resolution - 03 -134 - Ordering the owner to remove or repair the building at 733 Charles Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying
over to the April 22, 2003, Legislative Hearing and her decision will be stated at the April 23, 2003, City
Council Meeting.) (Laid over from March 26)
Adopted as amended (remove or repair within 90 days) Yeas - 7 Nays - 0
34.Resolution - 03 -405 - Ordering the owner to remove or repair the building at 1269 Coach Road
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 7 Nays - 0
35.Resolution - 03 -406 - Approving the decision of the Legislative Hearing Officer on Appeal on the
Notice of Condemnation and Order to Vacate at 1694 Ames Avenue.
Adopted Yeas - 7 Nays - 0
36.Appeal of Elvis Abanou to a summary abatement order for property at 976 East Minnehaha Avenue.
(Legislative Hearing Officer recommends changing the compliance date to April 29, 2003, on the
vehicle abatement order dated March 20, 2003.)
Appeal denied (Amended the compliance date to April 29, 2003, on the vehicle abatement order) Yeas -
7 Nays - 0
37.Appeal of Joseph Larson to a summary abatement order for property at 690 Charles Avenue.
(Legislative Hearing Officer recommends changing the compliance date to May 8, 2003, on the
summary abatement order dated March 20, 2003.)
Appeal denied (amended the compliance date to May 8, 2003, on the summary abatement order) Yeas -
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6 Nays - 0 (Harris not present for vote)
38.Appeal of Patricia Lindgren to a summary abatement order for property at 582 Charles Avenue.
(Legislative Hearing Officer recommends changing the compliance date to May 8, 2003 on the summary
abatement order dated March 20, 2003.)
Appeal denied (amended the compliance date to May 8, 2003, on the summary abatement order) Yeas -
7 Nays - 0
39.Resolution - 03 -407 - Approving the petition of Todd Daddario to vacate the City's interest in
Pullman Avenue from White Bear Avenue to 125 feet east for green space and driveway purposes.
Adopted Yeas - 7 Nays - 0
40.Resolution Ratifying Assessment - 03 -408 - In the matter of the assessment of benefits, cost and
expenses for summary abatement (property clean -up) for property at 1125 Beech Street (J0207AA)
(Laid over from February 26) (Legislative Hearing Officer recommends reducing the assessment from
$326 to $181 plus the $45 administrative fee for a total assessment of $226.)
Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0
41.Resolution Ratifying Assessment - 03 -409 - In the matter of the assessment of benefits, cost and
expenses for towing of abandoned vehicles from private property at 1130 Abell Street (J0206VV) and
summary abatement (property clean -up) for property at 657 Lawson Avenue East. (Laid over from
March 26) (Legislative Hearing Officer recommends:
. 1130 Abell Street - approval of the assessment
. 657 Lawson Avenue East - spreading the payment of the assessment over a five -year period)
Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0
42.Resolution Ratifying Assessment - 03 -410 - In the matter of the assessment, benefits, cost and
expenses for summary abatement (property clean -up) for property at 837 Fourth Street East
(J0207AAAA). (Laid over from February 26)
(Legislative Hearing Officer recommends approval of the assessment.)
Referred to May 13, 2003, Legislative Hearing and laid over to the May 28, 2003, City Council Meeting
Yeas - 7 Nays - 0
43.Resolution Ratifying Assessment - 03 -411 - In the matter of the assessment of benefits, cost and
expenses for reconstruction and repair of sanitary sewer service for 189 and 191 Eighth Street. (File No.
18979)
Adopted Yeas - 7 Nays - 0
44.Resolution Ratifying Assessment - 03 -412 - In the matter of benefits, cost and expenses for
reconstruction of areaway abandonments in front of 212 East Seventh Street and 218 East Seventh
Street. (File No. 18980)
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Adopted Yeas - 7 Nays - 0
45.Resolution Ratifying Assessment - 03 -413 - In the matter of approving the assessment of benefits,
costs and expenses for the grading and paving of the alley in Block 4, Lockey's Addition, and adjacent
Block 1, Lyton's Addition (bounded by Lyton Place, Sylvan Street, Atwater Street and Stellar Street).
(File No. 18945)
Adopted Yeas - 7 Nays - 0
46.Resolution Ratifying Assessment - 03 -414 - In the matter of assessment of benefits, cost and
expenses for boarding up vacant buildings for part of December 2002 and all of January 2003 (J0301B);
demolition of buildings from January 2003 to part of February 2003 (J0301C); and summary abatements
(property clean up) for part of December 2002 to part of January 2003 (J0301A). (Legislative Hearing
Officer recommends approval, including the following:
. 509 Glendale Street (J0301A) - laying over to the April 22, 2003, Legislative Hearing and the
May 7, 2003, City Council Meeting
. 773 Frank Street (J0301A) - laying over to the April 22, 2003, Legislative Hearing and the May 7,
2003, City Council Meeting
. 701 Burr Street (also known as 699 Burr Street (J0301A) - approval of the assessment
. 707 Maryland Avenue, East (J0301A) - approval of the assessment
. 369 Fuller Avenue (J0301A) - approval of the assessment
. 1130 Minnehaha Avenue West (J0301A) - approval of the assessment
. 899 Palace Avenue (J0301A) - approval of the assessment
. 922 Woodbridge Street (J0301A) - approval of the assessment
. 929 Albemarle Street (J0301A) - approval of the assessment)
Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0
47.Final Order - 03 -415 - 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. (File No. 18982)
Laid over to May 14 Yeas - 7 Nays - 0
48.Final Order - 03 -416 - In the matter of sidewalk reconstruction and /or new construction at various
locations in Wards 2, 5 and 6. (File No. 02WALKS4)
Adopted Yeas - 6 Nays - 0 (Lantry not present for vote)
49.Public hearing to consider the appeal of District 2 Community Council to a decision of the Saint Paul
Planning Commission upholding a billboard repair permit issued by the Office of License, Inspections
and Environmental Protection and denying the request of two district councils to revoke the repair
permit for replacement of sign face panels and stringers on four rooftop billboards at 1680 White Bear
Avenue (SE corner of Larpenteur Avenue). (Laid over from March 26)
Motion of Intent - Appeal granted based on errors in the findings of the Planning Commission,
specifically that they had mis- interpreted the District 2 Sign Plan.
Yeas - 5 Nays - 2 (Blakey, Reiter)
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50.Public hearing to consider the appeal of Macalester- Groveland Community Council to a decision of
the Saint Paul Planning Commission upholding a billboard repair permit issued by the Office of License,
Inspections and Environmental Protection and denying the request of two district councils to revoke the
repair permit for replacement of sign face panels and stringers on a rooftop billboard at 1278 Grand
Avenue (SE corner of Syndicate Street). (Laid over from March 26)
Motion of Intent - Appeal granted based on errors in the findings of fact and conclusions of the Planning
Commission and deciding that the replacement of the entire billboard face is a form of maintenance,
whereas the Commission should have found that the sign face replacement is a renovation of a non-
conforming sign which is prohibited under Section 66.302.
Yeas - 5 Nays - 2 (Blakey, Reiter)
51.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.
Motion of Intent - Application granted (Staff recommendations amended) Yeas - 7 Nays - 0
52.Public hearing to consider the application of Centex Multi - Family Upper Landing LLC for a
combined plat to create one outlot and 30 residential lots on Block 4 of the Upper Landing Urban
Village bounded by Spring, Elm, Mill and Washington Streets.
Motion of Intent - Application granted Yeas - 7 Nays - 0
53.Public hearing 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).
Motion of Intent - Application denied Yeas - 7 Nays - 0
Suspension Items
Resolution 03 -417 - Opposing the proposal to increase the speed limit to 55mph along the parkway
segment of I -35E between West Seventh Street and I -94 and requesting that the Saint Paul Legislative
Delegation take the necessary steps to remove the proposal from accompanying bills.
Adopted Yeas - 7 Nays - 0
Councilmember Lantry moved that State Senator Chuck Wiger be notified that during this Legislative
Session, the City of Saint Paul would prefer not to have the authority to have Riverboat Gaming on the
river in downtown Saint Paul.
Adopted Yeas - 5 Nays - 2 (Blakey, Reiter)
REMINDER: THERE WILL NOT BE A MEETING ON APRIL 30th SINCE IT IS THE FIFTH
WEDNESDAY OF THE MONTH.
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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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