Minutes 5-7-2003Page 1 of 8
ACTION MINUTES
OF THE SAINT PAUL CITY COUNCIL
Wednesday, May 7, 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
• Public Hearings
• Suspension Items
Present - 5 - Blakey, Bostrom, Harris, Lantry, Reiter
Absent - 2 - Benanav, Coleman (both arrived after roll call)
CONSENT AGENDA (Items 1 - 32)
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 David Benshoff, Cecelia Dodge, Jon and Lesley Doehr, Bill and Polly Haas, Lucille Kampa,
Lawrence Klecker, Kathleen Maloney, Roger Nielsen, John Pole, Barbara Quast, Kevin Scoles, and Xcel
Energy, Inc.
Referred to the Risk Management Division
2. Summons and Complaint in the matter of Rodney Thompson vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
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3. Summons and Complaint in the matter of Judith & David Gabrielson vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
4. Summons in the matter of the application of Rita M. Ryan to register title to certain land, to wit Lots
12, 13, 14, 15, 16, 17 and 18, Block 4, Foundry Addition to St. Paul.
Referred to the City Attorney's Office
5. Notice of Commission Hearing as to Parcel 2 in the matter of the Saint Paul Housing and
Redevelopment Authority vs. the City of Saint Paul, et al. (Condemnation of real property for the
Hillcrest Village Redevelopment project).
Referred to the City Attorney's Office
6. Communication from Robins, Kaplan, Miller & Ciresi, LLP In the Matter of an Application for an
Amended Certificate of Authority by Time Warner Telecom of Minnesota, LLC to provide facilities -
based local telephone service.
Referred to the City Attorney's Office
7. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on May 28, 2003, to consider the application of Rice Street Properties to rezone
property from I -2 to I -1 Industrial to correspond with proposed parcel lines at 801 Rice Street.
8. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on May 28, 2003, to consider the application for a lot split by Rice Street
Properties with a variance to create two industrial parcels and to facilitate a transfer of ownership and tie
the parcels to the adjacent owners at 801 Rice Street.
9. Letter from the Citizen Service Office/Division of Property Code Enforcement declaring 794 Dayton
Avenue and 1819 Sheridan Avenue as nuisance properties. (For notification purposes only; public
hearings will be scheduled at a later date if necessary.)
10. Administrative Orders:
D002285 Amending the 2002 General Fund budget within Citizen Services to cover year -end variances.
D002286 Authorizing payment to Byerly's, not to exceed $150.00, to cover expenses for food service to
the participants in the Saint Paul Police Department's Professional Development Institute course on
Graffiti Identification scheduled for April 24, 2003.
D002287 Amending the 2002 General Fund budget within City Council to cover year -end variances.
D002288 Amending the 2002 General Fund budget within Human Resources to cover year -end
variances.
D002289 Increasing the budget of the Martin Luther King Sitework Project in the Department of
Planning and Economic Development.
Noted as on file in the City Clerk's Office
FOR ACTION
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11. Resolution - 03 -418 - Approving the appointments, by Mayor Kelly, of Charissa Bryant, Ellie Kidder,
Kelsey Neumann, and Roger Schwagmeyer to the Mayor's Advisory Committee for People with
Disabilities.
Adopted Yeas - 7 Nays - 0
12 Resolution - 03 -419 - Approving the appointment, by Mayor Kelly, of Stephanie Andrews and the
reappointment of Teri McLaughlin to the Saint Paul Cultural Investment Program (Cultural STAR
Board).
Adopted Yeas - 7 Nays - 0
13. Resolution - 03 -420 - Authorizing the Deputy Mayor and the City Engineer to enter into a
cooperative construction agreement with the Minnesota Department of Transportation.
Adopted Yeas - 7 Nays - 0
14. Resolution - 03 -421 - Authorizing payment of $41,000.00 to the law firm of Rice, Michels &
Johnson, LLP, attorneys for Patrick Smith, in full settlement of his claim against the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
15 Resolution - 03 -422 - Approving Battle Creek Booster Club to the 10% Club list of eligible recipients
for 2003.
Adopted Yeas - 7 Nays - 0
16. Resolution - 03 -423 - Approving Johnson Area Baseball Boosters to the 10% Club list of eligible
recipients for 2003.
Adopted Yeas - 7 Nays - 0
17. Resolution - 03 -424 - Authorizing changes to the 2003 Capital Improvement Budget.
Adopted Yeas - 7 Nays - 0
18. Resolution - 03 -425 - Accepting from the Minnesota Wild access credential for the Mayor and tickets
for Councilmembers, the Deputy Mayor, Senior Policy Analyst, and the Director of the Department of
Planning and Economic Development for the National Hockey League Playoffs and transportation to the
Mayor to attend a Wild playoff game in Denver, and declaring the participation by official City
representatives in these events serves the public purpose of supporting and showing commitment to a
major asset of Saint Paul, encouraging further development and commitment in Saint Paul, and further
enhancing Saint Paul as a place to live, work, and visit.
Adopted Yeas - 5 Nays - 2
19. Resolution - 03 -426 - Authorizing the Office of License, Inspections and Environmental Protection's
Animal Control Center to accept at no charge two banks of cages from the Minnesota Hooved Animal
Rescue Foundation.
Adopted Yeas - 7 Nays - 0
20. Resolution - 03 -427 - Designating banks to be used as depositories for city funds and investment
programs in compliance with Minnesota Statutes, Chapter 118A.
Adopted Yeas - 7 Nays - 0
21. Resolution - 03 -428 - Concerning adverse action against the Taxicab Driver License Application
submitted by Robert Coppock.
Adopted Yeas - 7 Nays - 0
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22. Resolution - 03 -429 - Waiving the 60% consent requirement for a block party /special event permit for
Grand Old Day to be held on Sunday, June 1, 2003. Adopted Yeas - 7 Nays - 0
23. Resolution - 03 -430 - Calling for a Saint Paul street to be named for Cesar Chavez and establishing a
Legislative Advisory Committee to make recommendations relative to which street should be so named.
Adopted as amended Yeas - 7 Nays - 0
24. Resolution - 03 -431 - Thanking Bobby Newton for his life and service and proclaiming Monday, May
12, 2003, to be Erwin Robert Newton Day in the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
25. Resolution - 03 -432 - Authorizing the Department of Public Works to enter into an agreement with
the Minnesota Transportation Museum to act as its agent in receiving federal funds.
Adopted Yeas - 7 Nays - 0
26. Resolution - 03 -433 - Authorizing application for a Tax Base Revitalization Grant from the
Metropolitan Council for the Livingston Street Project.
Adopted Yeas - 7 Nays - 0
27. Preliminary Order 03 -434 - In the matter of construction of a sanitary sewer /service connections and a
water main/service connections in Winthrop Street from Springside Drive to Hadley Street and in Hadley
Street from Winthrop Street to approximately 200 feet east of Winthrop Street, and setting date of public
hearing for June 4, 2003.
Adopted Yeas - 7 Nays - 0
28. Preliminary Order - 03 -435 - In the matter of condemning and taking of property rights as required
for construction of Phalen Boulevard Phase II between Payne Avenue and Arcade Street, and setting date
of public hearing for May 28, 2003.
Adopted Yeas - 7 Nays - 0
29. Preliminary Order - 03 -436 - In the matter of the construction of a twin lantern street lighting system
on the northwest side of East 7th Street from approximately 104 feet northeast of Beech Street to
Minnehaha Avenue and the southeast of East 7th Street from Beech Street to Mendota Street/Minnehaha
Avenue and on East 7th Street from Payne Avenue to approximately 260 feet northeast of Payne Avenue
and setting date of public hearing for June 4, 2003. (File Nos. 18987 and 18988)
Adopted Yeas - 7 Nays - 0
30. Resolution Approving Assessment - 03 -437 - In the matter of the assessment of benefits, cost and
expenses for summary abatements (property clean -up) for part of February 2003 to part of April 2003
(J0303A); summary abatements (snow /ice removal and/or sanding of walks) for part of February 2003 to
part of March 2003 (J0302SNOW); demolition of buildings for part of March 2003 (J0302C); and
boarding -up vacant buildings for March 2003, and setting date of public hearing for June 25, 2003.
Adopted Yeas - 7 Nays - 0
31. Resolution Approving Assessment - 03 -438 - In the matter of approving the assessment of benefits,
costs and expenses for the construction of a water service connection in conjunction with the
Knapp/Hillside Area RSVP Project, and setting date of public hearing for June 25, 2003. (File No.
18930WC)
Adopted Yeas - 7 Nays - 0
32. Resolution Approving Assessment - 03 -439 - In the matter of approving the assessment of benefits,
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costs and expenses for the construction of sanitary sewer connections and a storm sewer connection in
conjunction with the Knapp /Hillside Area RSVP Project, and setting date of public hearing for June 25,
2003. (File No. 18930SC)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
33. Resolution - 02 -990 - Ordering the owner to remove or repair the building at 1684 Burns Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval)
(Laid over from November 6)
Laid over to August 6 Yeas - 7 Nays - 0
34. 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 23)
Adopted (a revised map was approved) Yeas - 7 Nays - 0
ORDINANCES NOTE: AN ORDINANCE IS A CITYLA 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.
35. Final Adoption - 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.
Adopted Yeas - 7 Nays - 0
36. Final Adoption - 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.
Adopted Yeas - 7 Nays - 0
37. Final Adoption - 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.
Adopted Yeas - 7 Nays - 0
38. Final Adoption - 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.
Adopted Yeas - 7 Nays - 0
39. Final Adoption - 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 on April 23)
Adopted Yeas - 7 Nays - 0
40. Final Adoption - 03 -374 - An ordinance amending the interim ordinance adopted pursuant to
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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.
Adopted Yeas - 7 Nays - 0
41. First 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 14 for second reading
42. First 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 14 for second reading
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
43. Third Reading - 03 -367 - An ordinance amending Chapter 66 of the Saint Paul Legislative Code
pertaining to sports facilities sponsorship signs. (Laid over from April 16) (A substitute ordinance will be
introduced on May 7)
Substitute introduced and laid over to May 21 for final adoption
Yeas - 7 Nays - 0
The City Council requested that staffs from Parks and Recreation and Planning and Economic
Development provide a report at their May 14, 2003, City Council Meeting on language refinement of the
proposed ordinance and study whether the City could deny sponsorship privileges to certain groups. Also,
a legal opinion was requested by the City Attorney's Office on this issue.
44. Third 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 14 for final adoption
45. Resolution - 03 -442 - Authorizing the Housing and Redevelopment Authority to issue a Housing
Revenue Bond for the Episcopal Corporation for the Elderly in Phase II.
Adopted Yeas - 7 Nays - 0
46. 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 granting
the owner 180 days to complete the rehabilitation of the property provided the following items are
completed by noon on April 23, 2003: 1) provide evidence of a clear title for the property, 2) provide
purchase agreement with a developer, 3) post a $2,000 bond with the Office of License, Inspections,
Environmental Protection, 4) pay the current vacant building fees and real estate taxes, 5) provide a plan
indicating how all the items on the Code Compliance Inspection Report will be completed and 6) show
evidence of financial ability to complete the repairs on the plan) (Laid over from April 2)
Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0
47. Appeal of Kevin Johnson to a Notice of Condemnation and Order to Vacate at 469 Whitall Street.
(Legislative Hearing Officer recommends denying the appeal)
Appeal denied (per the recommendation of the Legislative Hearing Officer)
48. Appeal of Soraya Scott to a Summary Abatement Order and Vehicle Abatement Order at 902
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Jessamine Avenue East. (Appeal withdrawn)
Appeal withdrawn
49. Resolution -03 -443 - Concerning adverse action against the Taxicab Driver License Renewal
Application submitted by James Rejsa.
Withdrawn Yeas - 7 Nays - 0 (An Administrative Law Judge hearing was requested)
50. Resolution - 03 -444 - Entering into a permanent easement agreement between the City of Maplewood
and Saint Paul's Division of Parks and Recreation to construct a sanitary sewer through a portion of
Phalen Golf Course.
Adopted as amended Yeas - 7 Nays - 0
51. Resolution - 03 -445 - Approving the application for a sound level variance by 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.
Adopted Yeas - 7 Nays - 0
52. Resolution Ratifying Assessment - 03 -446 - In the matter of the assessment of benefits, cost and
expenses for summary abatements (property clean -up) for properties located at 773 Frank Street and 509
Glendale Street (J0301A). (Laid over from April 23) (Legislative Hearing Officer recommends approval
of the assessment)
Adopted Yeas - 7 Nays - 0
53. Public hearing to consider District Cooling 's request for a cooling rate increase pursuant to Chapter
16 of the City of Saint Paul Charter.
A report was presented by Todd Hurley, Office of Financial Services, and a public hearing was
held.
54. Public hearing 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.
Motion of Intent - Appeal granted Yeas - 7 Nays - 0
55. Public hearing 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).
Motion of Intent - Application granted Yeas - 5 Nays - 0 (Benanav and Reiter were not present for
vote)
56. Public hearing to consider the appeal of Scenic Saint Paul and various individuals to 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.
Motion of Intent - Appeal granted Yeas - 5 Nays - 1 (Blakey) (Reiter not present for vote)
Suspension Items
Resolution - 03 -447 - Recognizing Frank E. Villaume, III, Assistant City Attorney, for his
accomplishments in receiving the highest rating (AV) from the benchmark Martindale- Hubbell Directory,
plus for the third year in a row, being named as "Super Lawyer" by Minnesota Law & Politics and
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Minneapolis -St. Paul Magazine.
Adopted Yeas - 7 Nays - 0
Resolution - 03 -448 - Requesting information from Director of Parks and Recreation regarding the
Administration's proposed plan on changing staffing and operation issues for Saint Paul Parks and
Recreation Centers and that this information be provided to the City Council no later than Friday, May
16 for the Council's Policy Session to be held on May 21, 2003.
Adopted Yeas - 7 Nays - 0
Resolution - 03 -449 - Confirming the City's policy for public officials not to accept any gift as defined in
Minnesota Statutes § 10A.071, Subd. 1 under circumstances where the gift would otherwise be prohibited
by state or local law.
Adopted Yeas - 7 Nays - 0
The Council approved waiving the filing fees for the appeals of the District 2 Community Council on
April 23, 2003 and Scenic Saint Paul on May 7, 2003, both pertaining to billboard repairs.
Yeas - 4 Nays - 2 (Blakey, Harris) (Reiter not present for vote)
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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