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Minutes 5-14-2003Page 1 of 6 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, May 14, 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 • Suspension Items Present - 6 - Benanav, Bostrom, Coleman, Harris, Lantry, Reiter Absent - 1 - Blakey (arrived after the consent agenda) CONSENT AGENDA (Items I - 25) 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 Mao Khang, Smith & Dunn, Attorneys -at- Law (for client First Federal Capital Bank, fka First Federal Savings Bank LaCrosse - Madison), Xcel Energy, Inc. (227 Cliff Street), and Xcel Energy, Inc. (1601 Beechwood Avenue) Referred to the Risk Management Division 2. Summons and Complaint in the matter of River Boats, Inc. vs. the City of Saint Paul. Referred to the City Attorney's Office 3. Letter from the Real Estate Division announcing a public hearing before the City Council on May 28, fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_17113I\Minutes 5 -... 12/15/2010 Page 2 of 6 2003, to consider a petition of the United States Postal Services to vacate an 80.5 foot wide aerial easement to facilitate the construction of a skyway over Sibley Street between Second Street and Kellogg Boulevard. (Vacation File No. 26 -2002) 4. Letter from the Office of Citizen Service /Division of Property Code Enforcement declaring 481 St. Anthony Avenue as nuisance property. (For notification purposes only; public hearing will be scheduled at a later date if necessary.) 5. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge on May 22, 2003, at 9:30 a.m., Room 220, Conference Room B, Saint Paul City Hall, 15 W. Kellogg Blvd., concerning the application for a Massage Practitioner and Massage Center (A) licenses by Eric Weisman, dba Eric Weisman & Associates for the premises at 287 6th Street East. 6. Administrative Orders: D002290 Authorizing payment, not to exceed $300.00, to Byerly's, 1959 Suburban Avenue, for food service expenses for participants in the Saint Paul Police Department's F.O.R.C.E. Unit, through its Crime Free Multi - Housing Program, a one day training session entitled: Phase L Property Owner /Manager Training, held on March 13, 2003. D002291 Authorizing funds to send one Internet Crimes Against Children (CAC) Task Force participant, who is not a City employee, to attend the Encase Introduction to Computer Forensics Course, May 12 -18, 2003, in Woodlands, Texas. D002292 Transferring budget authority to provide sufficient funding at the budgetary control level of the Parks and Recreation Grant/Aids Special Revenue Fund 860. Noted as on file in the City Clerk's Office FOR ACTION 7. Approval of minutes of April 23, 2003. Adopted Yeas - 6 Nays - 0 8. Resolution - 03 -450 - Approving the Memorandum of Agreement between the City of Saint Paul and the International Union of Painters and Allied Trades District Council 482 for the 2003 wage and fringe adjustment. (To be laid over one week for adoption) Laid over to May 21 for adoption 9. Resolution - 03 -451 - Approving the establishment of two classified positions entitled "Food Service Assistant 2" in the 2001 -2003 Labor Agreement between the Independent School District 4625 and the Minnesota Teamsters Local No. 320 representing Food Service Personnel and "Food Service Reporting Clerk" in Grade 026 of the 2002 -2004 Labor Agreement between the Independent School District 4625 and the American Federation of State, County and Municipal Employees, Local 14. (To be laid over one week for adoption) Laid over to May 21 for adoption 10. Resolution - 03 -452 - Directing the proper City officials to convey the property in the area known as Norpac Road to the highest responsible bidder. Laid over to May 28 Yeas - 6 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_17113I\Minutes 5 -... 12/15/2010 Page 3 of 6 11. Resolution - 03 -453 - Authorizing the Real Estate Division to apply for a tax forfeited parcel needed by the Department of Public Works for right -of -way purposes to allow improvements at the intersection of Como and Minnehaha Avenues. Adopted Yeas - 6 Nays - 0 12. Resolution - 03 -454 - Authorizing City officials to apply for a grant from the U.S. Environmental Protection Agency (EPA) to assist with clean -up of the future Bruce Vento Nature Sanctuary property in the Lower Phalen Creek area. Adopted Yeas - 6 Nays - 0 13. Resolution - 03 -455 - Amending the 2003 budget to allow expenditures of fund balance for continued distribution of "Prejudice Isn't Welcome" merchandise to help reduce bias motivated crimes. Adopted Yeas - 6 Nays - 0 14. Resolution - 03 -456 - Approving Registered Land Survey for Galtier Ramp to divide the parking among the new ownerships. Adopted Yeas - 6 Nays - 0 15. Resolution - 03 -457 - Authorizing a spending and financing plan for the maintenance and operation of Landmark Plaza rentals. Adopted Yeas - 6 Nays - 0 16. Resolution - 03 -458 - Approving District Cooling St. Paul, Inc.'s request to amend their customer billing rates. Adopted Yeas - 5 Nays - 0 Abstention - 1 (Harris) 17. Resolution - 03 -459 - Authorizing District Energy and District Cooling to use the public right -of -way for a fiber network. Substitute introduced and adopted Yeas - 5 Nays - 0 Abstention - 1 (Harris) 18. Resolution - 03 -460 - Authorizing City representatives to continue discussions with Ramsey County and other local government bodies regarding a county -wide public safety communication system (800MHz). Adopted Yeas - 6 Nays - 0 19. Resolution - 03 -461 - Amending errors contained in Council File No. 03 -246 adopted by the City Council on March 12, 2003, by memorializing their decision to grant the appeal of Saint Anthony Park Community Council, et.al. from a decision of the Planning Commission. Adopted Yeas - 5 Nays - 1 (Reiter) 20. Resolution - 03 -462 - Memorializing City Council action taken April 23, 2003, granting 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. Adopted Yeas - 6 Nays - 0 21. Preliminary Order - 03 -463 - 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, and setting date of public hearing for June 4, 2003. (File No. AE2003 -10) Adopted Yeas - 6 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_17113I\Minutes 5 -... 12/15/2010 Page 4 of 6 22. Preliminary Order - 03 -464 - 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, and setting date of public hearing for June 4, 2003. (File No. 18983) Adopted Yeas - 6 Nays - 0 23. Preliminary Order - 03 -465 - 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, and setting date of public hearing for June 4, 2003. (File No. 18983C) Adopted Yeas - 6 Nays - 0 24. Preliminary Order - 03 -466 - In the matter of improving Como Place from Como Avenue to Jessamine Avenue and from Como Place to Como 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 setting date of public hearing for June 4, 2003. (File No. 18990) Adopted Yeas - 6 Nays - 0 25. Preliminary Order - 03 -467 - 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 Como Place /Jessamine Street Paving and Lighting project, and setting date of public hearing for June 4, 2003. (File No. 18990C) Adopted Yeas - 6 Nays - 0 FOR DISCUSSION 26. 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 from April 23) Substitute introduced and adopted Yeas - 4 Nays - 3 (Bostrom, Coleman, Harris) 27. Report from Parks and Recreation and Planning and Economic Development on language refinement of the proposed ordinance (C.F. 03 -367 - An ordinance amending Chapter 66 of the Saint Paul Legislative Code pertaining to sports facilities sponsorship signs) and study whether the City could deny sponsorship privileges to certain groups. (Council requested on May 7) A report was presented by Vince Gillespie, Parks and Recreation and Larry Soderholm, Department of Planning and Economic Development. 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 DAYSAFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER. 28. Final 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. file: //C:ADOCUME— l\LFSUPP —l\ LOCALS —1 \Temp \ELF20101215_17113IWinutes 5 -... 12/15/2010 Page 5 of 6 Adopted Yeas - 7 Nays - 0 29. Second Reading - 03 -440 - An ordinance amending Saint Paul Legislative Code Chapter 200 to impose administrative penalties for dogs which repeatedly run at large, to provide a method for destruction of dogs declared to be a nuisance, and to provide incentives for having dogs neutered or spayed. Laid over to May 28 for third reading /public hearing The Council requested a detailed staff report on this ordinance at their City Council Public Hearing on May 28, 2003. 30. Second Reading - 03 -441 - An ordinance amending Chapter 106 of the Saint Paul Legislative Code allowing skateboarding in Saint Paul unless indicated otherwise. Laid over to May 28 for third reading /public hearing 31. First Reading - 03 -468 - An ordinance finalizing City Council action approving the application of Benjamin Commons Associates to rezone property from B -3 to RT -2 to allow the Selby Grotto Development project to proceed and new garages to be built for the Benjamin Commons Condo Association at 761 Selby Avenue. (Public hearing held on March 26) Laid over to June 11 for second reading Yeas - 7 Nays - 0 32. First Reading - 03 -469 - An ordinance amending Title II of the Saint Paul Administrative Code by adding a new chapter thereto pertaining to the adoption of "council ward boundaries." Laid over to May 21 for second reading Suspension Items Preliminary Order - 03 -470 - In the matter of the construction of a water main and service connections in Stinchfield Street from Point Douglas Road to Burg Avenue and setting date of public hearing for June 4, 2003. (File No. 18982A) Adopted Yeas - 7 Nays - 0 Resolution - 03 -471 - Designating City Council representation on the Ramsey County LOCATE Task Force to evaluate the Union Depot's suitability as a multi -modal transit station for downtown. Adopted Yeas - 7 Nays - 0 Resolution - 03 -472 - Recognizing Robert Widerski for all of his accomplishments in the plumbing industry and proclaiming Tuesday, May 13, 2003, to be forever known in the City of Saint Paul as "Bob Widerski Day." Adopted Yeas - 7 Nays - 0 Council Meeting Information Wnh,sitn. 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 file: //C:ADOCUME— l\LFSUPP —l\ LOCALS —1 \Temp \ELF20101215_17113IWinutes 5 -... 12/15/2010 Page 6 of 6 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 S: 30 p. m., Mondays at 8:00 a.m. 1:30 p.m., and S: 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. fileJ /C:ADOCUME- 1\LFSUPP -1\ LOCALS -1 \Temp \ELF20101215_17113IWinutes 5 -... 12/15/2010