Minutes 6-4-2003Page 1 of 9
ACTION MINUTES
OF THE SAINT PAUL CITY COUNCIL
Wednesday, June 4, 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
• For Ordimances
• For Public Hearings
• Suspension Items
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, ReiterAbsent - 0
CONSENT AGENDA (Items I - 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 COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED SEPARATELY.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Allstate Indemnity Company (for insured Cecilia /Cyril Chinyere Anuford), Russell
Hamilton (Truck Center), Hui Son Licklider, Robert Tracy, Vanderhyde & Associates, Ltd. (for client
Carol Koester), and Monica Yarbrough.
Referred to the Risk Management Division
2. Summons and Complaint in the matter of Muhannah Kakish vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
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3. Notice of Hearing on Petition and Notice of Motion and Motion for an Order Transferring Title and
Possession of Property, Petition and Motion for an Order Authorizing Transfer of Title and Possession in
the matter of the City of Saint Paul vs. Meritex Enterprises, Inc., et al. (Property address: Corner of Olive
and Grove Streets).
Referred to the City Attorney's Office
4. Communication from the Minnesota Pollution Control Agency dated May 19, 2003, notifying the City
of Saint Paul of the change in control of the Saint Paul Transfer Station Facility, SW -593. All local
jurisdictions have the right to request a public meeting within 30 days of the date of this letter.
5. Communication from the Metropolitan Council dated May 23, 2003, notifying interested parties that
they are accepting applications to fill 17 positions on the
Livable Communities Advisory Committee, and the deadline for receiving the applications is 5:00 p.m.
on Friday, June 6, 2003.
6. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing on June 25, 2003, to consider the application of Stacy Einck, Andersen Corporation, for a sound
level variance on Harriet Island (concert area) on July 19, 2003, for an outdoor concert and fireworks
between the hours of 7:00 p.m. to 10:30 p.m.
7. Letter from the Citizens Service Office /Division of Property Code Enforcement declaring 495 Curtice
Street East as nuisance property. (For notification purposes only; public hearing will be scheduled at a
later date if necessary.)
FOR ACTION
8. Resolution - 03 -485 - Approving pension plan documents as an amendment to the 2003 -2004
Collective Bargaining Agreement between the City of Saint Paul and Tri- Council 120, Local 49 and
Local 132. (Laid over from May 28 for adoption)
Adopted Yeas - 7 Nays - 0
9. Resolution - 03 -519 - Approving the appointments, by Mayor Kelly, of Matthew Bowe and Thomas
Moran and the reappointments of Tom Azzone, David Baker, Bill Buth, Robert Cardinal, Pat Igo, Stuart
Simek, Mike Skillrud and Billie Young to the Business Review Council.
Adopted Yeas - 7 Nays - 0
10. Resolution - 03 -520 - Approving the appointments, by Mayor Kelly, of Alberta Jackson and Renee
Skoglund and the reappointments of Harold Hebl, Peter Keely, Donna Lee, Judith Probst, Mary Ellen
Radmann and Jamie Warndahl to the Mayor's Advisory Committee on Aging.
Adopted Yeas - 7 Nays - 0
11. Resolution - 03 -521 - Approving the appointments, by Mayor Kelly, of Georgia Lickness, Karen
Reid, and Patrick Toth to the Saint Paul Neighborhood Network Board.
Adopted Yeas - 7 Nays - 0
12. Resolution - 03 -522 - Ratifying the appointment of Douglas Holton as Fire Chief of the Saint Paul
Fire Department effective September 1, 2003.
Adopted Yeas - 7 Nays - 0
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13. Resolution - 03 -523 - Authorizing payment of $37,500.00 to Arkay Construction Company in full
settlement of their claim against the City of Saint Paul (City Project No. 9921.00 - Addition and
Remodeling of the Martin Luther King Center).
Adopted Yeas - 7 Nays - 0
14. Resolution - 03 -524 - Authorizing reimbursement to various vendors for costs incurred in conducting
employee relations and recognition programs in 2003. Adopted Yeas - 7 Nays - 0
15. Resolution - 03 -525 - Transferring funds from Council Contingency to various activities in the
Engineering Fund in the Department of Public Works to implement a Computerized Maintenance
Management System.
Adopted Yeas - 7 Nays - 0
16. Resolution - 03 -526 - Directing the proper City officials to pay the owners $3,000 for a drainage and
utility easement on, under and across the west 20 feet of Lot 30, Block 4, Hazel Park and accepting the
dedication of said easement.
Adopted Yeas - 7 Nays - 0
17. Resolution - 03 -527 - Amending Council File No. 02 -1093 adopted on November 20, 2002,
correcting the legal description of Capitol Heights Street for vacation.
Adopted Yeas - 7 Nays - 0
18. Resolution - 03 -528 - Approving the application, with conditions, for a Malt Off Sale License by
Chanh Yang, dba Super Convenient Store, 922 Thomas Avenue.
(Legislative Hearing Officer recommends approval, with conditions.)
The City Council referred this matter to an Administrative Law Judge.
Yeas - 7 Nays - 0
Councilmember Blakey requested information from staff whether or not there is a licensed day care
center in the area.
19. Resolution - 03 -529 - Approving the application, with conditions, for Second Hand Dealer -Motor
Vehicle License by Hossein Agbamirzai, University Auto Sales & Service, LLC, dba University Auto
Sales, 745 Robert Street, South. (Legislative Hearing Officer recommends approval, with conditions.)
Adopted Yeas - 7 Nays - 0
20. Resolution - 03 -530 - Authorizing an amendment to the Joint Powers Agreement that established the
Metropolitan Library Services Agency between the seven metro area counties.
Adopted Yeas - 7 Nays - 0
21. Resolution - 03 -531 - Approving the License Agreement between the Minnesota State Fair and the
City of Saint Paul, Division of Parks and Recreation, for the purpose of using their grass parkway area as
auxiliary soccer fields.
Adopted Yeas - 7 Nays - 0
22. Resolution - 03 -532 - Approving the use of STAR funds to create a basketball court at Dunning Field.
Adopted Yeas - 7 Nays - 0
23. Resolution - 03 -533 - Approving the use of STAR funds to do playground improvements at JJ Hill
Montessori Magnet School.
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Adopted Yeas - 7 Nays - 0
24. Resolution - 03 -534 - Amending Council File No. 02 -1115 to the extent necessary to enable the
Quick Brothers to undertake a development at 1922 Wilson Avenue and to move forward with their
various zoning and building applications.
Withdrawn Yeas - 7 Nays - 0
25. Resolution - 03 -535 - Closing and abandoning the Como Place rail crossing due to the new stringent
Federal whistle blowing regulations and authorizing the associated roadway improvements for Como
Place and Como Avenue.
Adopted Yeas - 7 Nays - 0
26. Resolution - 03 -536 - Affirming the vote of the City Council's representative on the United States
Postal Service Feasability Study of the Arden Hills Twin Cities Army Ammunition Plant (TCAAP) site
for the future Postal Sorting Center.
Adopted Yeas - 7 Nays - 0
27. Preliminary Order - 03 -537 - In the matter of sidewalk reconstruction and/or new construction at
West Side Aldine Street from Marshall Avenue to Iglehart Avenue (S03001) and West Side Harvard
Street from East Baker Street to Prescott Street, and setting date of public hearing for June 25, 2003.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
No items
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 Adoption - 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. (Substitute
introduced on May 28)
Adopted Yeas - 7 Nays - 0
Councilmember Lantry requested a report at their City Council Meeting on September 3, 2003, from the
Office of License, Inspections and Environmental Protection, as to the effectiveness of this ordinance and
if there are any issues that should be brought forward.
29. Final Adoption - 03 -441 - An ordinance amending Chapter 106 of the Saint Paul Legislative Code
allowing skateboarding in Saint Paul unless indicated otherwise.
Laid over to June 11 for final adoption Yeas - 7 Nays - 0
30. Final Adoption - 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."
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Adopted Yeas - 7 Nays - 0
31. Second Reading - 03 -503 - An ordinance approving rezoning of the east side of Payne Avenue, north
of Hopkins Street and south to Kenny Road to allow construction of three 8 -unit rowhouses. (Public
hearing held May 7, 2003)
Laid over to June 11 for third reading
32. Second Reading - 03 -518 - An ordinance amending Council File 02 -1116, adopted December 26,
2002, which established an interim ordinance of limited duration regulating land use and official controls
in the area of the City commonly known as the Sunray Area.
Withdrawn Yeas - 7 Nays - 0
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
33. Third Reading - 03 -484 - An ordinance amending the Saint Paul Legislative Code, Appendix F,
District Heating Franchise - District Heating Development Company, and Appendix K, District Energy
Services Franchise, to grant the franchise holder legal authority to use the public right -of -way to install a
fiber optic network for use by the City of Saint Paul, the State of Minnesota, and the County of Ramsey.
(Substitute introduced on May 21)
Laid over to June 11 for final adoption
34. Final Adoption - 03 -367 - An ordinance amending Chapter 66 of the Saint Paul Legislative Code
pertaining to sports facilities sponsorship signs. (Substitute introduced and laid over from May 21 for
final adoption and public hearing on the new substitute)
Adopted Yeas - 4 Nays - 3 (Benanav, Coleman, Lantry)
35. Resolution - 03 -538 - Approving the application by Minnesota Music Cafe, 499 Payne Avenue, for a
sound level variance on June 7, 2003, between the hours of 6:00 p.m. and 12:00 midnight subject to
conditions.
Adopted Yeas - 7 Nays - 0
36. Resolution - 03 -539 - Approving the issuance of revenue notes by the City of Grand Rapids,
Minnesota, in order to finance the acquisition and improvement of group home facilities owned by
Lutheran Social Services, 1524 Stillwater Avenue.
Adopted Yeas - 7 Nays - 0
37. Resolution - 03 -540 - Authorizing the proper City officials to grant to the State of Minnesota a license
to occupy and use a 12 inch wide strip within Johnson Parkway between the I -94 right -of -way and Phalen
Boulevard for fiber optic service to its new facility for the Bureau of Criminal Apprehension.
Adopted Yeas - 7 Nays - 0
38. Resolution - 03 -541 - Authorizing the proper City officials to grant a license and temporary and
permanent easements to use a 20 -foot wide lane on City park property to facilitate construction of a
housing development on the abutting Lowertown Bluffs property and provide permanent fire access after
completion of the project.
Adopted as amended Yeas - 7 Nays - 0
39. Resolution - 03 -542 - Authorizing the proper City officials to grant a permanent utility easement to
Xcel Energy -Gas to install an underground rectifier and anode bed system in Lilydale Park.
Adopted Yeas - 7 Nays - 0
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40. Appeals of Jonathan Bramer to a Summary Abatement Order and Vehicle Abatement Order at 1483
Rice Street. (Laid over from May 28) (Legislative Hearing Officer recommends that the compliance date
on the April 22, 2003, Vehicle Abatement Order will be changed to May 28, 2003, at 10:00 am. The
compliance date for the April 22, 2003, Summary Abatement Order will be changed to June 3, 2003.)
Appeal withdrawn Yeas - 7 Nays - 0
41. Resolution Ratifying Assessment - 03 -543 - In the matter of the assessment of benefits, cost and
expenses for the towing of abandoned vehicles from private property located at 1070 Margaret Street
(J0301VV) and 1688 York Avenue (J0301VVV) during the month of October, 2002; providing weekly
garbage hauling service for the fourth quarter of 2002 for the property located 775 Maryland Avenue East
(J2TRASH4QA); providing weekly garbage hauling service for the fourth quarter of 2002 for property
located at 104 Larpenteur Avenue West (J2TRASH4A5); and summary abatements (property clean -up)
during the month of February, 2003 for property located at 1004 Bush Avenue (J0302AA). (Laid over
from May 28)
(Legislative Hearing Officer recommends the following:
1688 York Avenue - laying over to the June 10, 2003, Legislative Hearing and the June 25, 2003,
City Council Meeting
1004 Bush Avenue - laying over to the June 23, 2003, Legislative Hearing and the July 2, 2003, City
Council Meeting
104 Larpenteur Avenue West - spreading the assessment over a five -year period
1070 Margaret Street - approval of the assessment
775 Maryland Avenue East - approval of the assessment)
Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0
42. Public hearing in the matter of the assessment of benefits, cost and expenses for summary abatement
(property clean -up) for part of January 2003 to part of March, 2003 for property located at 1523 Iglehart
Avenue (J0302A). (Legislative Hearing Officer recommends approval of the assessment) (Laid over from
May 28) (Resolution Ratifying Assessment will be introduced under suspension).
Public hearing held and Resolution Ratifying Assessment introduced and adopted under
Suspension Yeas - 7 Nays - 0
(See Suspension Item 03 -557)
43. Public hearing in the matter of the assessment of benefits, cost and expenses for sidewalk
reconstruction for both sides of West Winifred Street from Ohio Street to Charlton Street (S02107) and
the north side of East Third Street from Maria Avenue to Bates Avenue (S02129). (Laid over from May
28) (Resolution Ratifying Assessment will be introduced under suspension).
Public hearing held and Resolution Ratifying Assessment introduced and adopted under
Suspension Yeas - 7 Nays - 0
(See Suspension Item 03 -558)
44. Public hearing to consider the petition of Robert McCollough to vacate the City's interest in portions
of Bancroft Avenue (and a portion of the abutting alley), Halstead Street, Niagara Street, Brown Avenue,
and Congress Street to help develop a small business area owned by the petitioner. (Resolution will be
introduced under suspension.)
Public hearing held and Resolution introduced and adopted
Yeas - 6 Nays - 0 (Benanav not present for vote)
(See Suspension Item 03 -559)
45. Public hearing to consider the petition of Jake Cadwallader to vacate the City's interest in portions of
Burg Street and East Street for the purpose of developing the abutting property with new homes.
(Resolution will be introduced under suspension.)
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Public hearing held and Resolution introduced and adopted
Yeas - 7 Nays - 0
(See Suspension Item 03 -560)
46. Final Order In Condemnation Proceedings - 03 -544 - 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. (File No. AE2002 -10)
Laid over to June 18 Yeas - 7 Nays - 0
47. Final Order - 03 -545 - In the matter of the construction of a water main and service connections in
Stinchfield Street from Point Douglas Road to Burg Avenue. (File No. 18982A)
Adopted Yeas - 7 Nays - 0
48. Final Order 03 -546 - 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. (File No. 18985 and 18985W)
Substitute introduced and adopted Yeas - 5 Nays - 2 (Coleman, Harris)
49. Final Order - 03 -547 - 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. (File Nos.
18987 and 18988)
Adopted Yeas - 7 Nays - 0
50. Final Order - 03 -548 - 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. (File No. 18983)
Laid over to June 18 Yeas - 7 Nays - 0
51. Final Order - 03 -549 - 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. (File No. 18983C)
Laid over to June 18 Yeas - 7 Nays - 0
52. Final Order - 03 -550 - 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. (File No. 18990)
Adopted Yeas - 7 Nays - 0
53. Final Order - 03 -551 - 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. (File No. 18990C)
Adopted Yeas - 7 Nays - 0
54. Public hearing to consider the application of Hunt Associates for a combined plat to create four
parcels for the Emerald Gardens Housing Development (a mixed housing development with apartments
and townhomes) at the area bounded by Ellis Avenue, Emerald Street, Berry Street and Franklin Avenue.
Motion of Intent - Application granted Yeas - 7 Nays - 0
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55. Public hearing to consider the appeal of Snelling- Hamline Community Council to consider a decision
by the Planning Commission denying their previous appeal of the Office of License, Inspections and
Environmental Protection's issuance of a billboard repair permit to Clear Channel Outdoor for the
replacement of sign face panels on an illuminated freeway billboard at 1459 Roblyn Avenue (rooftop
billboard at the southeast corner of I -94 and Pascal Avenue).
Laid over to June 11 Yeas - 7 Nays - 0
56. Public hearing to consider the application of Mendota Homes, Inc. to rezone property from B -2 to
RM -2 to be consistent with the 11 -unit resident structure being built at 1071 South Cleveland Avenue.
Laid over to June 11 Yeas - 6 Nays - 0 (Benanav not present for vote)
Suspension Items
Resolution - 03 -552 - Thanking the Saint Paul Fire Chief Examining Committee for their hard work in
the important process of selecting Saint Paul's next Fire Chief.
Adopted Yeas - 7 Nays - 0
Resolution - 03 -553 - Extending the City Council's deepest gratitude to Jim Peterson, President of the
Science Museum, for his vision, his leadership and his hard work on behalf of our extended community
and wishing him all the best in the days and challenges ahead as President of Gustavus Adolphus
College.
Adopted Yeas - 7 Nays - 0
First Reading - 03 -554 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code to
permit the sale of alcohol until 2:00 a.m. by those establishments which have obtained a permit from the
State of Minnesota.
Introduced and laid over to June 11 for second reading Yeas - 7 Nays - 0
The City Council requested that the following information to be provided at their June 25, 2003, City
Council Meeting concerning the above item:
Councilmember Lantry requested the City Attorney to provide a report whether or not the City, in
addition to the State, can also include an additional fee on liquor licenses for the extended hour.
Also, is it necessary for the City to develop a different liquor license fee scale.
Councilmember Coleman requested the City Attorney to provide a report as to the City's ability to
impose stricter license conditions on certain establishments, such as certain neighborhood bars that
would remain open until 2:00 a.m.
Councilmember Blakey requested a report from Chief Finney, Saint Paul Police Department, on the
impact, if any, the 2:00 a.m. bar closing will have on the City's law enforcement.
First Reading - 03 -555 - An ordinance amending Chapter 14 of the Saint Paul Administrative Code to
clarify that the Library Director serves at the pleasure of the Mayor, and to modify the budgetary powers
previously given to the Library Agency.
Introduced and laid over to June 11 for second reading Yeas - 7 Nays - 0
Resolution - 03 -556 - Approving the polling location changes for the 2003 primary and general elections.
Introduced and laid over to June 11 Yeas - 7 Nays - 0
Resolution Ratifying Assessment - 03 -557 - In the matter of the assessment of benefits, cost and expenses
for summary abatement (property clean -up) for part of January 2003 to part of March, 2003 for property
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located at 1523 Iglehart Avenue (J0302A). (See Item No. 42)
Adopted Yeas - 7 Nays - 0
Resolution Ratifying Assessment - 03 -558 - In the matter of the assessment of benefits, cost and expenses
for sidewalk reconstruction for both sides of West Winifred Street from Ohio Street to Charlton Street
(502107) and the north side of East Third Street from Maria Avenue to Bates Avenue (502129). (See
Item No. 43)
Adopted Yeas - 7 Nays - 0
Resolution -03 -559 - Considering the petition of Robert McCollough to vacate the City's interest in
portions of Bancroft Avenue (and a portion of the abutting alley), Halstead Street, Niagara Street, Brown
Avenue, and Congress Street to help develop a small business area owned by the petitioner (See Item No.
44)
Adopted Yeas - 6 Nays - 0 (Benanav not present for vote)
Resolution - 03 -560 - Considering the petition of Jake Cadwallader to vacate the City's interest in
portions of Burg Street and East Street for the purpose of developing the abutting property with new
homes. (Item No. 45)
Adopted Yeas - 7 Nays - 0
Reconsidered Item
Resolution - 03 -493 - Requesting and accepting donations from area merchants, unions and others for
their contributions to the City of Saint Paul for the annual Employee Picnic to be held on August 14 13,
2003, at Como Park. (Previously adopted on May 28, 2003)
Reconsidered, amended and 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
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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