Approved Minutes 6-23-1999 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, June 23, 1999 - 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
The meeting was called to order at 3:35 p.m. by Council President Bostrom
Present- 6 - Benanav, Blakey, Bostrom, Coleman, Lantry, Reiter
Absent - 1 - (Harris - arrived after the consent agenda)
CONSENT AGENDA (Items 1 - 22)
Council President Bostrom removed Item#9 for discussion.
Councilmember Lantry moved approval of the Consent Agenda as amended. Yeas - 6 Nays - 0
FOR ACTION
1. Approval of minutes of May 19, 1999.
Adopted Yeas - 6 Nays - 0
2. Claims of Oscar Cruz, Larry Grundtner, and Audrey Whitney.
Referred to the Employee/Risk Management Office
3. Summons and Complaint in the matter of Leonard N. Anderson vs. the City of St. Paul.
Referred to the City Attorney's Office
4. Administrative Order:
D001711 Authorizing payment, not to exceed $1,000, to the proper parties for a
workshop, "The Future of Libraries," sponsored by the Public Library on June
2, 1999.
Noted as on file in the City Clerk's Office
5. Resolution - 99-569 - Approving the appointments of Rich Ginsberg and Mark Shields, and the
reappointment of Lois West Duffy, by Mayor Coleman, to the Saint Paul RiverCentre Authority.
Adopted Yeas - 6 Nays - 0
6. Resolution - 99-570 - Approving the appointment of Kari Everson, by Mayor Coleman, to the
Saint Paul Business Review Council.
Adopted Yeas - 6 Nays - 0
June 23, 1999 City Council Summary Minutes Page 2
7. Resolution - 99-571 - Approving the appointment of Councilmember James Reiter, by Mayor
Coleman, to the Ramsey County League of Local Governments.
Adopted Yeas - 6 Nays - 0
8. Resolution - 99-572 - Approving the May 1, 1999 through April 30, 2000 Memorandum of
Agreement between Independent School District No. 625 and the International Brotherhood of
Electrical Workers, Local 110. (To be laid over two weeks for adoption)
Laid over to July 7 for adoption Yeas - 6 Nays - 0
9. (Discussed after the consent agenda)
10. Resolution - 99-574 - Authorizing University National Bank, in cooperation with the Selby
Avenue Coalition, to implement the STAR loan program for improvements on Selby Avenue as
originally approved by City Council Resolution 97-1320.
Adopted Yeas - 6 Nays - 0
11. Resolution - 99-575 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 1823 Portland Avenue, 1990 Marshall Avenue, 277
Wilder Street North, 1516 Grand Avenue, 1722 Grand Avenue, and 1563 Charles Avenue; 1510
Rose Avenue East; 1600, 1610, 1620 and 1630 Ford Parkway; 1607 Hewitt Avenue (two
appeals); 1722 University Avenue West, aka 474, 476, 478 Herschel; 689 Orleans Street; 909
Clark Street; and 511 McKnight Road South.
Adopted Yeas - 6 Nays - 0
12. Resolution - 99-576 - Establishing a central 1999 budget for department and office Y2K
remediation and planning.
Adopted Yeas - 6 Nays - 0
13. Resolution - 99-577 - Authorizing the City Employee Services Committee to solicit donations for
the employee picnic to be held the evening of August 12, 1999.
Adopted Yeas - 6 Nays - 0
14. Resolution - 99-578 - Agreeing to hold Cretin-Derham Hall High School harmless for use of their
tennis courts by the Division of Parks and Recreation.
Adopted Yeas - 6 Nays - 0
15. Resolution - 99-579 - Agreeing that the City will be a grant participant and commit to a match of
$170,000, at least $100,000 of which is new, non-state match spent on items such as materials,
supplies, seasonal and/or contract labor and one-time expenses for projects occurring in the Saint
Paul portion of the Greening the Metro Mississippi - Minnesota River Valleys Project area over
the 30 month grant period beginning on July 1, 1999.
Adopted Yeas - 6 Nays - 0
June 23, 1999 City Council Summary Minutes Page 3
16. Resolution - 99-580 - Authorizing execution of a New Joint Powers Agreement with the State of
Minnesota for the joint purchase of equipment, materials, services, and supplies.
Adopted Yeas - 6 Nays - 0
17. Resolution - 99-581 - Amending the 1999 Residential Street Paving project budget by transferring
funding from the Jefferson-Snelling to Hamline, Victoria-Arlington to Larpenteur, and Fairview-
Minnehaha to Pierce Butler projects to the 1999 Residential Street Vitality Program.
Adopted Yeas - 6 Nays - 0
18. Resolution - 99-582 - Requesting to exchange the north half of West Cottage Avenue for land at
Outlot A, Wheelock Parkway to go to the Division of Parks and Recreation.
Adopted Yeas - 6 Nays - 0
19. Resolution Approving Assessment - 99-583 - In the matter of installation of a decorative lantern
type lighting system on Selby Avenue from the east end of the bridge at Ayd Mill Road to
Lexington Parkway, and setting date of public hearing for August 4, 1999. (File #18822)
Adopted Yeas - 6 Nays - 0
20. Resolution Approving Assessment - 99-584 - In the matter of installation of a decorative lantern
type lighting system on Cretin Avenue from Marshall Avenue to Summit Avenue, and setting date
of public hearing for August 4, 1999. (File #18824)
Adopted Yeas - 6 Nays - 0
21. Resolution Approving Assessment - 99-585 - In the matter of installation of a decorative lantern
type lighting system on Minnehaha Avenue from Prior Avenue to Snelling Avenue, and setting
date of public hearing for August 4, 1999. (File #18825)
Adopted Yeas - 6 Nays - 0
22. Resolution Approving Assessment - 99-586 - In the matter of installation of a lantern style street
lighting system on Burr Street from Tedesco Street to Minnehaha Avenue, and setting date of
public hearing for August 4, 1999. (File #18850)
Adopted Yeas - 6 Nays - 0
(Harris arrived)
June 23, 1999 City Council Summary Minutes Page 4
Suspension Item
Councilmember Coleman moved for suspension of the rules to introduce the following resolution:
Yeas - 6 Nays - 0
Resolution - 99-605 - Recognizing Reneta Weiss, retiring City of St. Paul Employee.
Ms. Weiss was recognized by the City Council for her many years of service to the City.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
9. Resolution - 99-573 - Extending the appointment of Brian Sweeney as interim director of the
Department of Planning and Economic Development through September 30, 1999.
When the position of the Director of the Department of Planning and Economic Development
(PED) became vacant, Councilmember Benanav said, the Administration indicated that they were
going to search for a candidate and have discussions with the Council and the Housing and
Redevelopment Authority (HRA). Mr. Sweeney was appointed on an interim basis and that term
will expire shortly. He questioned what has occurred since the time Mr. Sweeney was appointed
and what the plans are to find a permanent director.
Susan Kimberly, Deputy Mayor, appeared. She stated that when the prior director of the
Department of Planning and Economic Development (PED) left that position, the Administration
met with each Councilmember and each was told to let the Administration know if they knew of
anyone who may be a candidate for the position. Several recommendations were made by
Councilmembers and those individuals were interviewed. They met with more than 20 people
about the position and in the end it was decided to recommend the interim appointment of Mr.
Sweeney. Subsequent to that, more people were interviewed and it was felt that there was no one
who had more superior qualifications than Mr. Sweeney.
Ms. Kimberly said the intent was to bring in a resolution on this date appointing Mr. Sweeney the
permanent director. In consultation with several of the Councilmembers, it was recommended that
not be done at this time. The interim appointment has a deadline as indicated in the resolution
adopted on March 10, 1999. It was decided that the best thing to do is extend the interim
appointment for the time being.
Councilmember Benanav said he felt a more in-depth search should be conducted. Further, he
suggested that possibly the Council President, in his capacity as the (HRA) Board Chair, or some
other HRA member, should have been involved in the discussions. It's difficult to know for sure
if Mr. Sweeney is in fact the best qualified, or what some of the issues are with the other
candidates, Benanav said, and it's hard to respond without knowing the issues. The position is
unique because the individual reports to the Councilmembers in their HRA capacity and it's
June 23, 1999 City Council Summary Minutes Page 5
different than any other position in the City. He feels a broader discussion of the appointment
would better serve the Council.
Ms. Kimberly responded that the Administration and the Council have very definite roles in the
appointment process,. Within the context of the City Charter, Ms. Kimberly said she is willing to
have conversations with any member of the Council. However, the power of the Mayor to make
the appointment is very clear, she said, and the power of the Council to approve or not approve
the appointment is very clear.
Councilmember Reiter moved approval.
Adopted Yeas - 7 Nays - 0
The City Council meeting was recessed and the Housing and Redevelopment Authority meeting was
reconvened for consideration of the following item:
1. Extension of the appointment of the Executive Director for the Housing and Redevelopment
Authority of the City of Saint Paul, Citywide.
Commissioner Harris moved approval.
Yeas - 7 Nays - 0
Councilmember Coleman moved to adjourn the Housing and Redevelopment Authority meeting and
reconvene the City Council meeting. Yeas - 7 Nays - 0
FOR DISCUSSION
23. Resolution - 99-587 - Directing the Heritage Preservation Commission to develop a Heritage
Preservation Site and Building Designation Workplan.
Councilmember Blakey stated that sometime in the 1980s, the Heritage Preservation Commission
(HPC) was asked to present a plan on possible designation of buildings of a historical nature in the
City and that plan was not forthcoming. This was unfortunate in light of the recent situation with
Seventh Place, the Coney Island Buildings, and Saint Paul Companies. In an attempt to avoiding
the same situation occurring again, Mr. Blakey said he felt it would be wise if a workplan was put
in place by the HPC to look at historic buildings city-wide. It was requested that the workplan be
brought before the Council by September 22, 1999.
Councilmember Harris suggested that this be done by priorities as it could involve an intense
amount of work.
Aaron Rubenstein, Office of LIEP and staff to the HPC, appeared. He questioned if the
resolution is requesting the final product in three months; i.e., specific buildings in districts which
should be designated and those of the highest priorities or simply laying out a process for how that
June 23, 1999 City Council Summary Minutes Page 6
would happen and what it would take to make that happen which might involve considerable
research, preparing nominations, working with property owners, etc. Councilmember Blakey
responded that it would involve Rubenstein's latter statement.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
Councilmember Coleman moved to modify the agenda to consider Item #29 at this time.
Yeas - 7 Nays - 0
29. Report from the Administration on City activities directed toward the possible construction of a
major league baseball stadium in St. Paul.
A report was presented by Mayor Coleman, Patrick Seeb, St. Paul Riverfront Corporation, and
Jerry Croxdale, Ellerbe Becket Architects.
(Harris left)
24. Resolution - 99-554 - Approving a budget amendment in the Department of Fire and Safety
Services and Office of Human Resources to provide funds for the testing process for fire fighter
candidates. (Laid over from June 16)
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
25. Report from the Administration regarding consolidation of the Police and Fire Emergency
Communications Centers.
(Harris returned)
Richard Gardell, Deputy Chief of Support Services, Police Department, spoke about the progress
being made in merging the Police and Fire Communications Centers. He said that significant
progress is being made and that they are "mid-stream." Mr. Gardell noted that this project started
in earnest when it was brought up by Mayor Coleman during the 1999 budget year discussions. In
January, 1999, the Mayor asked Mr. Gardell to facilitate a group to take the ideas from previous
attempts at merging and put them into a package that they could make work for everyone. A
"Best Practices Group" was formed which consisted of participants from various offices who took
part in putting together the plan. In February and March, they met with employees of the
Communications Center to hear their interests and concerns and they were told that the plan would
be brought back to them as soon as it is fmalized.
June 23, 1999 City Council Summary Minutes Page 7
(Benanav left and returned)
(Coleman left)
During conversations with in March, the Mayor decided that the newly merged Communications
Center would be moved into the Police Department organizationally, and that Tim Butler would be
the head of the new Emergency Communications Center. Mr. Gardell extended appreciation to
Police Chief Finney and Fire Chief Fuller for their support in this process.
One opportunity that came up during the process was in the area of construction. The Police
Department had approved CIB funds to remodel the Police Department Communications Center.
When progress was moving along, they took the fact that they had construction money to the Best
Practices Group and the architect drew up a conception of how a merged communications center
might look using the space that was available. With approval of the Best Practices Group, instead
of just remodeling the Police Department it was agreed to remodel the physical space for a merged
communications center. The original CIB schedule was kept in place.
Tim Butler, Fire Communications Chief, appeared and said the group has tackled many significant
issues in the entire merger process and agreement was reached on a number of them including the
staffmg pattern, floor plan for the remodeling, and technology improvement that will be made.
Mr. Gardell stated that the Mayor has made this a priority for 1999 and they would like to have it
completed by year-end. However, they are planning to take action quickly to start moving some
personnel into the Police Department organizationally in order to keep working on the details. A
budget amendment will be coming before the City Council shortly, he said.
(Reiter left)
26. Report from the Department of Planning and Economic Development on the development of a
City of Saint Paul and Housing and Redevelopment Authority Housing Resource Center.
(Requested by the Council on March 24, 1999; C.F. 99-259)
A report was presented at the Housing and Redevelopment Authority meeting on June 23, 1999
27. Presentation by Brian Sweeney, Department of Planning and Economic Development, on the
development of standard pre-approved home designs. (Requested by Council on May 5, 1999)
(Laid over from June 16)
A report was presented at the Housing and Redevelopment Authority meeting on June 23, 1999
(Coleman and Reiter returned)
28. Update by the City Lobbyists on the 1999 Legislative Session. (Requested by the Council on June
9, 1999)
An update was presented by Bill Huepenbecker and Mike Campbell, Mayor's Office
June 23, 1999 City Council Summary Minutes Page 8
(Benanav left and returned)
29. (See page 6)
ORDINANCES
30. Second Reading - 99-567 - An ordinance amending Section 357.08 of the Saint Paul Legislative
Code relating to residential composting.
Laid over to July 7 for third reading/public hearing
Suspension Items:
Councilmember Harris moved for suspension of the rules and approval of the following resolution:
Resolution - 99-606 - Approving the appointment of Dick Anfang and Lori Fritts, and the
reappointment of Councilmembers Daniel Bostrom and Kathy Lantry, by Mayor Coleman, to the
Saint Paul Port Authority.
Adopted Yeas - 7 Nays - 0
Councilmember Reiter moved for suspension of the rules and approval of the following resolution:
Resolution - 99-607 - Approving the appointments of David Baker, Daniel Fleischhacker, Larry
Orcutt, and Joan Thompson, by Mayor Coleman, to the Saint Paul Workforce Development
Council
Adopted Yeas - 7 Nays - 0
Councilmember Blakey moved for suspension of the rules and approval of the following resolution:
Resolution - 99-608 - Directing the Planning Commission to consider the Hamline Midway
Coalition Plan and forward a recommendation on it to the City Council by September 1, 1999.
Adopted Yeas - 7 Nays - 0
Councilmember Benanav moved for suspension of the rules and first reading of the following ordinance:
First Reading - 99-609 - An ordinance to require express Council approval of all City managed
competition contracts.
Laid over to July 7 for second reading
The meeting was recessed from 5:45 - 6:00 p.m.
Roll Call: Present - 7 Absent - 0
June 23, 1999 City Council Summary Minutes Page 9
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
31. Third Reading - 99-474 - An ordinance amending Chapter 34 of the Legislative Code to remove
obsolete references to the "Uniform Building Code" and changing these references to the "State
Building Code."
No one appeared in opposition; Councilmember Coleman moved to close the public hearing.
Yeas - 7 Nays - 0
Laid over to July 7 for fmal adoption
32. Third Reading- 99-498 - An ordinance amending Chapter 101 of the Saint Paul Administrative
Code to permit more than one alternate commissioner to serve at one time.
No one appeared in opposition; Councilmember Harris moved to close the public hearing.
Yeas - 7 Nays - 0
Laid over to July 7 for final adoption
Note: Items 33, 35-40, 42-44, 46-54, 56, and 58-67 were all considered together. No one appeared in
opposition to any of the ordinances; Councilmember Coleman moved to close the public hearings and lay
over the ordinances to July 7 for fmal adoption
Yeas - 7 Nays - 0
33. Third Reading- 99-499 - An ordinance amending Chapter 278 of the Saint Paul Legislative Code;
citing the fee for a gambling hall license to Chapter 310.
Laid over to July 7 for final adoption
34. Third Reading- 99-500 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code
changing license classifications from I, II, and III to"R" for routinely issued licenses, "T" for
temporary licenses, and"N" for licenses in which neighbors are required to be notified; also
amending several license fees and modifying license categories to reflect enforcement costs.
(Substitute introduced on June 9)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing.
Yeas - 7 Nays - 0
Laid over to July 7 for final adoption
35. Third Reading - 99-501 - An ordinance amending Chapter 316 of the Saint Paul Legislative Code;
citing the fee for manufacturing and distributing of animal foods license.
Laid over to July 7 for final adoption
36. Third Reading - 99-502 - An ordinance amending Chapter 321 of the Saint Paul Legislative Code;
citing the fees for rooming and boarding houses to Chapter 310 and changing the chapter title to
Rooming and Boardinghouses.
Laid over to July 7 for final adoption
June 23, 1999 City Council Summary Minutes Page 10
37. Third Reading - 99-503 - An ordinance amending Chapter 322 of the Saint Paul Legislative Code;
citing the fee for billiard or pool tables and bowling centers to Chapter 310.
Laid over to July 7 for final adoption
38. Third Reading - 99-504 - An ordinance amending Chapter 325 of the Saint Paul Legislative Code;
citing the fee for close out sales license to Chapter 310.
Laid over to July 7 for final adoption
39. Third Reading - 99-505 - An ordinance amending Chapter 327 of the Saint Paul Legislative Code;
altering the title to accurately describe the various dry cleaning licenses and citing the fees for the
licenses to Chapter 310.
Laid over to July 7 for final adoption
40. Third Reading - 99-506 - An ordinance amending Chapter 331 of the Saint Paul Legislative Code;
citing the fee for licenses included in Chapter 331 to Chapter 310.
Laid over to July 7 for final adoption
41. Third Reading - 99-507 - An ordinance amending Chapter 341 of the Saint Paul Legislative Code;
adding "Plant/Service" to the title of the chapter to accurately describe the chapter and licenses
and including the proper title of the department of public health within the chapter's text.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing.
Yeas - 7 Nays - 0
Laid over to July 7 for final adoption
42. Third Reading - 99-508 - An ordinance amending Chapter 344 of the Saint Paul Legislative Code;
citing the fee for the pawn shop initial investigation fee to Chapter 310.
Laid over to July 7 for final adoption
43. Third Reading - 99-509 - An ordinance amending Chapter 345 of the Saint Paul Legislative Code;
citing the fee for peddler, solicitor and transient licenses to Chapter 310.
Laid over to July 7 for final adoption
44. Third Reading - 99-510 - An ordinance amending Chapter 353 of the Saint Paul Legislative Code;
citing the fee for a roller rink license to Chapter 310.
Laid over to July 7 for final adoption
45. Third Reading - 99-511 - An ordinance amending Chapter 354 of the Saint Paul Legislative Code;
deleting all references to a sanitary disposal license, except for the vehicle license, to comply with
State law.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing.
Yeas - 7 Nays - 0
Laid over to July 7 for final adoption
June 23, 1999 City Council Summary Minutes Page 11
46. Third Reading - 99-512 - An ordinance amending Chapter 357 of the Saint Paul Legislative Code;
citing the fee for solid waste and related licenses to Chapter 310.
Laid over to July 7 for fmal adoption
47. Third Reading - 99-513 - An ordinance amending Chapter 359.03 of the Saint Paul Legislative
Code; citing Chapter 310 for the fees for Broadcast Vehicles.
Laid over to July 7 for fmal adoption
48. Third Reading - 99-514 - An ordinance amending Chapter 360 of the Saint Paul Legislative Code;
citing Chapter 310 for the fee of Public Swimming Pools license.
Laid over to July 7 for final adoption
49. Third Reading - 99-515 - An ordinance amending Chapter 362 of the Saint Paul Legislative Code;
citing the fee for a tree trimming license to Chapter 310.
Laid over to July 7 for fmal adoption
50. Third Reading - 99-516 - An ordinance amending Chapter 363 of the Saint Paul Legislative Code;
citing the fee for a vending machine license to Chapter 310.
Laid over to July 7 for fmal adoption
51. Third Reading - 99-517 - An ordinance amending Chapter 364 of the Saint Paul Legislative Code;
citing the fee for a veterinary hospital license to Chapter 310.
Laid over to July 7 for fmal adoption
52. Third Reading - 99-518 - An ordinance amending Chapter 367 of the Saint Paul Legislative Code;
citing the fee for a tattoo parlor license to Chapter 310.
Laid over to July 7 for fmal adoption
53. Third Reading - 99-519 - An ordinance amending Chapter 374 of the Saint Paul Legislative Code;
citing the fee for a food salvage license to Chapter 310.
Laid over to July 7 for fmal adoption
54. Third Reading - 99-520 - An ordinance amending Chapter 377 of the Saint Paul Legislative Code;
citing the fee for lawn fertilizer and pesticide application to Chapter 310.
Laid over to July 7 for fmal adoption
55. Third Reading - 99-521 - An ordinance amending Chapter 382 of the Saint Paul Legislative Code;
changing the title to "Pet Grooming Facilities" to more accurately describe the business and
license.
No one appeared in opposition; Councilmember Harris moved to close the public hearing.
Yeas - 7 Nays - 0
Laid over to July 7 for final adoption
June 23, 1999 City Council Summary Minutes Page 12
56. Third Reading - 99-522 - An ordinance amending Chapter 401 of the Saint Paul Legislative Code;
citing Chapter 310 for the fees for a Motor Vehicle and Parts Dealer License.
Laid over to July 7 for final adoption
57. Third Reading - 99-526 - An ordinance amending Chapter 409.05 and 409.11 of the Saint Paul
Legislative Code; citing Chapter 310 for fees of licenses; waiving fees for government agencies.
Bob Kessler, Office of License, Inspections and Environmental Protection, appeared and requested
the public hearing on this ordinance be laid over for two weeks.
Councilmember Coleman moved to lay over to July 7 for a public hearing.
Laid over to July 7 for public hearing
58. Third Reading - 99-527 - An ordinance amending Chapter 410 of the Saint Paul Legislative Code;
citing Chapter 310 for the fee for a non-intoxicating malt liquor license.
Laid over to July 7 for final adoption
59. Third Reading - 99-528 - An ordinance amending Chapter 415 of the Saint Paul Legislative Code;
citing Chapter 310 for the fees for theatre licenses.
Laid over to July 7 for final adoption
60. Third Reading - 99-529 - An ordinance amending Chapter 420 of the Saint Paul Legislative Code;
citing the fee for a scrap metal processor license to Chapter 310.
Laid over to July 7 for fmal adoption
61. Third Reading - 99-530 - An ordinance amending Chapter 422 of the Saint Paul Legislative Code;
citing the fee for a motor vehicle salvage dealer to Chapter 310.
Laid over to July 7 for final adoption
62. Third Reading - 99-531- An ordinance amending Chapter 424.02 of the Saint Paul Legislative
Code; changing the title to "Gas Stations" and citing the fee for the license to Chapter 310.
Laid over to July 7 for final adoption
63. Third Reading - 99-532 - An ordinance amending Chapter 426 of the Saint Paul Legislative Code;
citing the fee for cabaret licenses to Chapter 310.
Laid over to July 7 for final adoption
64. Third Reading - 99-533 - An ordinance amending Chapter 427 of the Saint Paul Legislative Code;
citing the fee for health/sports club license to Chapter 310.
Laid over to July 7 for final adoption
65. Third Reading - 99-534 - An ordinance amending Chapter 427A of the Saint Paul Legislative
Code; citing the fee for an adult health/sports club license to Chapter 310.
Laid over to July 7 for fmal adoption
June 23, 1999 City Council Summary Minutes Page 13
66. Third Reading - 99-535 - An ordinance amending Chapter 428 of the Saint Paul Legislative Code;
citing the fee for a steam room/bath house license to Chapter 310.
Laid over to July 7 for final adoption
67. Third Reading - 99-536 - An ordinance amending Chapter 429 of the Saint Paul Legislative Code;
citing the fee for an infectious waste processing facility license to Chapter 310.
Laid over to July 7 for final adoption
68. Resolution - 99-588 - Denying the license application submitted by Fred Cortes, dba Fred's Auto
Repair, 943 Maryland Avenue East, for violations of license conditions agreed to on March 23,
1999. (Uncontested)
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection (LIEP), appeared and told the Council that this matter was before them
on the recommended denial of an auto repair garage license. The basis for the recommendation
for denial is that the license applicant was operating at the location, with conditions, while the
license was being applied for and processed. The conditions primarily dealt with the number of
cars which could be on the lot. These conditions were explained to the applicant in person with an
interpreter present in case there was any concern that he had any difficulty with the English
language. The conditions were agreed to and signed on March 23, 1999. Subsequent to that,
there were continued violations of the proposed condition of the license. The Office of LIEP
believes that since there are violations of the conditions before the license is issued, that there
would be continued problems with the license even if the conditions were imposed and that the
owner would not deal with the problems.
An interpreter appeared for Mr. Fred Cortes. She said Mr. Cortes pleads guilty for having too
many cars in the parking lot; however, one of the reasons for this is that often the owners do not
pick them up on time. He has a policy of imposing a charge for each day a car remains on the lot
after it has been fixed.
Virginia Palmer suggested this matter be laid over in order for LIEP to investigate if there is a
Spanish speaking small business group that could work with Mr. Cortes on the issues and
problems.
Councilmember Reiter moved to lay over to July 14.
Laid over to July 14 Yeas - 7 Nays - 0
69. Resolution - 99-589 - Concerning adverse action against licenses held by Complete With Dirt
Salvage Company, 872 Payne Avenue. (Uncontested)
No one appeared in opposition; Councilmember Reiter moved approval.
Adopted Yeas - 7 Nays - 0
June 23, 1999 City Council Summary Minutes Page 14
70. Public hearing to consider the report of the Administrative Law Judge concerning the License
Application of Abdulhadi K. Abrahim, dba Mona's for a 3.2 Malt Off-Sale License at 920 Selby
Avenue.
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection (LIEP), provided a staff report. She stated that LIEP was
recommending that the Council adopt the Administrative Law Judge's (ALJ) report in its entirety.
Complaints were received from the neighborhood which is the reason the matter was sent to an
ALJ. The basis for the opposition was criminal activity in the neighborhood, specifically on the
east side of the building, people digging through the dumpsters behind the building after midnight,
litter in front of the store in the morning, and loitering on that corner.
The license applicant was willing to consider three conditions that would address the issues of
loitering, littering and criminal activity. He was not willing to consider other conditions on the
license such as selling individual containers of liquor.
The Legislative Hearing Officer sent the matter to the City Council with a recommendation that
the license to be issued with conditions and the matter was sent to an ALJ. Notice was sent to the
applicant advising him of LEIP's position as well as the fact that the Summit Planning Council had
recommended denial of the license on the basis that there was littering on the corner of Selby
Avenue and Milton Street and the location was close to two schools. There is no legal prohibition
against the sale of 3.2 malt off-sale near schools.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing.
Yeas - 7 Nays - 0
Councilmember Blakey said that this has been an on-going issue and there are concerns about the
way this business has been operated. There continues to be litter and loitering and the police say
they are not being called.
Councilmember Blakey moved to deny the license as the current license has conditions on it that
are not being followed.
Phil Byrne, Assistant City Attorney, advised the Council that there is no evidence in the record
that there have been violations. If there is evidence of something the license applicant has done
wrong that would support denial of the license, he felt it should be sent back to an ALI to hear the
evidence from someone who will testify to the violations. At this time, the only thing before the
Council was a record that supports no bad conduct by the license holder.
Councilmember Harris questioned if there are any conditions on any licenses that Mr. Abrahim
presently holds. He questioned denying the license based on the fact that he has not violated any
condition since he has not even received the license.
June 23, 1999 City Council Summary Minutes Page 15
Councilmember Blakey responded that littering and loitering has been an issue with the grocery
store. This issue has been before the Council before and he did not understand why they would
not agree to any of the conditions on the current grocery license.
Bob Kessler, Director of the Office of LIEP, reminded the Council that the grocery license did not
require City Council approval. Generally, they would expect license applicants to cooperate with
conditions even if they are not imposed because the license has not been issued. At this point,
LIEP does not have sufficient evidence in the record to indicate that they have not tried to comply
with the conditions even though they are not in effect.
Virginia Palmer said the discussion Mr. Blakey had was with the owner across the street when he
moved the business. There were conditions on the license at that time. However, this is a new
applicant who bought the store. He was issued the grocery and cigarette license because they do
not require Council approval. The conditions were on the license to also address the concerns
expressed by the neighbors about the store and come into play because of the 3.2 malt license.
That license has not been issued and conditions are not on that license.
Phil Byrne once again advised the Council that there was no basis on which to deny the license,
and if there are facts that any Councilmember is aware of that could be brought before an ALJ,
that's what could be done. However, if there are no facts and no particular person to appear,
there is no choice but to issue the license.
Councilmember Benanav asked if the license is granted and the owner does not comply with the
conditions, if the 3.2 malt license would then be taken away but it would not have an impact on
his grocery license.
Mr. Kessler responded that the conditions could be placed on all three licenses.
Ms. Palmer clarified that the conditions could be imposed with Mr. Abrahim's consent or through
an adverse action. However, she said she has no reason to believe that if he has agreed to the
conditions on the 3.2 malt license that, if asked, he would not agree to them on his grocery license
as well.
Councilmember Benanav suggested laying this matter over to see if Mr. Abrahim will agree to the
conditions on his grocery license.
Councilmember Blakey moved to lay over to July 14.
Laid over to July 14 Yeas - 7 Nays - 0
June 23, 1999 City Council Summary Minutes Page 16
71. Resolution- 99-590-Approving the application for a sound level variance by the Saint Paul Saints
Baseball Club for a live music concert to be held on July 3, 1999, from 4:00 p.m. to 10:00 p.m.
Christine Rozek, Office of License, Inspections and Environmental Protection(LIEP), appeared.
She noted that 800 notices were sent out regarding the application. Two written responses were
received; one in favor of granting the variance and one not in favor.
Alice Magnuson, Co-Chair of District 12, St. Anthony Park Community Council, appeared on
behalf of District 12 and spoke in opposition to granting the variance.
Councilmember Harris moved to close the public hearing. Yeas- 7 Nays - 0
Councilmember Benanav moved approval.
Adopted Yeas - 7 Nays - 0
72. Resolution - 99-537 - Ordering the owner to remove or repair the building at 1047 Arcade Street
within fifteen(15) days from adoption of resolution. (Legislative Hearing Officer recommends the
owner be given six months to complete the rehabilitation provided the vacant building fee is paid
and a$2,000 bond is posted by noon on June 23, 1999) (Laid over from June 9)
Gerry Strathman, Legislative Hearing Officer, reported that the required bond had not been posted
and, therefore, he recommended that the Council approve the order to remove or repair within 15
days.
An unidentified advocate for the East Side appeared. She stated that she had petitions signed
requesting the owner to clean up the property. The neighborhood would like to see the building
demolished and no additional time granted.
Councilmember Harris moved to close the public hearing and approval to remove or repair within
five days.
Adopted as amended(Remove or repair within five (5) days from adoption of resolution)
Yeas- 7 Nays - 0
73. Resolution- 99-591 - Ordering the owner to remove or repair the building at 503 Belvidere Street
East within fifteen(15) day from adoption of resolution. (Legislative Hearing Officer recommends
approval)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
June 23, 1999 City Council Summary Minutes Page 17
74. Resolution Ratifying Assessment - 99-592 - In the matter of boarding-up vacant buildings for
January and February 1999 (J9902B); and summary abatements (property clean-up) during the
later part of February and all of March 1999, and sanding sidewalks for ice on some properties
(J9902A). (Legislative Hearing Officer recommends approval with the following exceptions: 448
Ashland Avenue - reduce the assessment as follows: the trip charge of$200.00 will remain the
same, the administrative fee of$40.00 will remain the same, and the cost of the boards will be
reduced from $350.00 to $150.00 for a total assessment of$390.00; 847 Hudson Road - delete the
assessment)
No one appeared in opposition; Councilmember Harris moved to close the public hearing and
approval as amended,
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
(#75 was discussed after Item 86 - See page 19)
75. Resolution - 99-593 - Establishing the North Quadrant Redevelopment Project Area and adopting
the North Quadrant Redevelopment Plan.
76. Resolution Ratifying Assessment - 99-594 - In the matter of installation of water services for the
Irvine Avenue Area Project. (File #18758W)
No one appeared in opposition; Councilmember Harris moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
77. Final Order - 99-595 - In the matter of sidewalk reconstruction on the north side of Portland
Avenue from N. Oxford Street to N. Chatsworth Street, and the south side of Portland Avenue
from N. Oxford Street to N. Chatsworth Street. (File #S99032, S99036) (Laid over from June 2)
Councilmember Blakey confirmed with Mr. Tvedt. Department of Public Works, that 1005 and
1025 Portland Avenue would be deleted and an asphalt ramp will be constructed due to the size of
the tree.
Councilmember Blakey moved approval as amended.
Adopted as amended Yeas - 7 Nays- 0
78. Final Order - 99-596 - In the matter of sidewalk reconstruction on both sides of Thomas Avenue
from Arundel Street to N. Western Avenue. (File #S99064) (Laid over from
June 9)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
June 23, 1999 City Council Summary Minutes Page 18
79. Final Order - 99-597 - In the matter of sidewalk reconstruction on both sides of Randolph Avenue
from View Street to Bay Street. (File #S99065) (Laid over from June 9)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays- 0
80. Final Order - 99-598 - In the matter of sidewalk reconstruction on both sides of E. Third Street
from English Street to Clarence Street. (File #S99073) (Laid over from
June 9)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays- 0
81. Final Order - 99-599 - In the matter of sidewalk reconstruction on the south side of W. Idaho
Avenue from N. Oxford Street to West 200 ft. (File #S99011)
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and
approval.
Adopted Yeas- 7 Nays - 0
82. Final Order - 99-600 - In the matter of sidewalk reconstruction on the east side of N. Fairview
Avenue from Hewitt Avenue to Pierce Butler Route and the west side of N. Wheeler Street from
Hewitt Avenue to Taylor Avenue. (File #S99012)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas- 7 Nays - 0
83. Final Order - 99-601 - In the matter of sidewalk reconstruction on both sides of Plum Street from
Bates Avenue to Maple Street; the east side of N. Ruth Street from Conway Street to E. Third
Street; both sides of James Avenue from Fulton Street to View Street; and both sides of View
Street from Randolph Avenue to James Avenue. (File #S99013-S99016)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays- 0
84. Final Order - 99-602 - In the matter of sidewalk reconstruction on the west side of N. Prior
Avenue from Pennock Avenue to Hewitt Avenue at 755 N. Prior Avenue only; both sides of E.
Fifth Street from Germain Street to N. White Bear Avenue and the east side of Flandrau Street
from E. Fourth Street to E. Fifth Street; both sides of Flandrau Street from E. Fifth Street to
Margaret Street; both sides of Kennard Street from E. Fourth Street to E. Fifth Street; and both
sides of E. Sixth Street from Flandrau Street to N. White Bear Avenue. (File #S99074-S99078)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
June 23, 1999 City Council Summary Minutes Page 19
85. Final Order - 99-603 - In the matter of sidewalk reconstruction on the south side of Grand Avenue
from Cambridge Street to Macalester Street; the north side of Grand Avenue from S. Wheeler
Street to Cambridge Street; both sides of Juno Avenue from S. Syndicate Street to S. Griggs
Street; the east side of S. Mississippi River Boulevard from Hartford Avenue to Randolph
Avenue; both sides of Arundel Street from Sherburne Avenue to Edmund Avenue; both sides of
Virginia Street from Sherburne Avenue to Thomas Avenue; and the west side of N. Western
Avenue from Edmund Avenue to Thomas Avenue. (File #S99079-599085)
Councilmember Harris moved to close the public hearing Yeas - 7 Nays- 0
Councilmember moved an amendment, as noted below, and approval.
Adopted as amended Yeas - 7 Nays - 0
(S99082 - the east side of S. Mississippi River Blvd. from Hartford Ave. to Randolph Avenue
except for those panels in front of 590 and 600 Mississippi River Boulevard.)
86. Final Order - 99-604 - In the matter of improving the intersection of Seventh Street East and
Kittson Street by installing a traffic control signaling system. (File #18872)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas- 7 Nays- 0
75. Resolution - 99-593 - Establishing the North Quadrant Redevelopment Project Area and adopting
the North Quadrant Redevelopment Plan.
Lucy Thompson, Department of Planning and Economic Development (PED), appeared. She
stated that PED has been working for several years on ideas about the redevelopment of the North
Quadrant. A lot of buildings have been lost over the years and it seemed that a lot of buildings
had been demolished for parking lots. It has been the vision of the City and many citizens to
eventually try to create a "new mixed-use urban village." The Planning Commission released a
draft "North Quadrant Redevelopment Plan" and a hearing was held on March 12, 1999. In-
between the time that the plan was released and the public hearing occurred, the St. Paul and the
Mississippi Design Center sponsored an Urban Design Workshop with property owners, residents,
district councils, agency staff, designers, architects, and interested developers in the North
Quadrant to get ideas about their vision for the future of the North Quadrant. Out of that came a
draft North Quadrant Precinct Plan. In late February, a follow-up meeting was held and was
attended primarily by property owners and interested residents to respond to what came out of the
workshop.
In March, the Planning Commission held a public hearing and testimony was received from 6-7
property owners in the district and written testimony was also received. There have been several
Planning Commission committee meetings related to the Redevelopment Plan. There were
occasions for informal comments from property owners or interested people but some of them
were strictly public meetings and thee was no additional public testimony.
June 23, 1999 City Council Summary Minutes Page 20
In June, the full Planning Commission met to forward the Redevelopment Plan to the City Council
fmding that it is consistent with the Comprehensive Plan and asking that the Council hold a public
hearing and approve the Plan for implementation.
The Redevelopment Plan lays out the City's interest in redeveloping this part of downtown. The
vision is for a new mixed-use neighborhood, predominantly residential in character with a central
park. There are development objectives and urban design objectives in the Redevelopment Plan,
something that PED has not typically put in their redevelopment plans. With the benefit of having
the community workshop, it was felt it would be good to have more specifics in the
Redevelopment Plan. They talk about development objectives, economic land use, environmental
objectives and urban design objectives; i.e., how buildings should relate to the public spaces, how
pedestrian connections will be made to the river, the relationship to Lowertown, etc.
Ms. Thompson said that the Planning Commission, when forwarding the Redevelopment Plan to
the Council, was very concerned about the impact on existing businesses and buildings in the
proposed redevelopment project area. They heard both oral and written testimony from the
property owners, and staff has also talked with many concerned property owners. The Planning
Commission believes in the vision for the district but would like to emphasize the objectives in the
Redevelopment Plan that talk about retaining the existing businesses and buildings that are
appropriate for the neighborhood. There are objectives quite often through the Plan indicating that
the Redevelopment Plan does support the retention of existing businesses and buildings except for
the surface parking.
The following property owners appeared and spoke in support of retaining their properties during
the redevelopment:
George Kappas, owner of Gopher Bar, 241 East 7th Street
Roger Needels, Needels Janitor Supply, 444 Wacouta Street
Gayle Peterson, Walsh Building, 189-191 East 7th Street
Dr. Fred Pomeroy, Pomeroy's Animal Hospital, 185 East 7th Street
Jim Thomas, Lancer Service, 227 East 8th Street, stated he would possibly be one of the first
business affected by the redevelopment and said he was looking for the help of City officials to
make sure that relocation goes very smoothly. He said he will possibly need assistance above and
beyond statutory entitlement. Understanding the guidelines of relocation, Mr. Thomas said he is
very concerned.
Appearing in opposition to the plan was:
Paul Baillon, Baillon Company and Seventh Corporation, 332 Minnesota Street, owner of three
surface parking lots within the North Quadrant.
Councilmember Coleman moved to close the public hearing. Yeas - 7 Nays - 0
A brief discussion ensued amongst the Councilmembers
Councilmember Coleman moved approval Yeas - 7 Nays - 0
June 23, 1999 City Council Summary Minutes Page 21
Councilmember Harris moved to adjourn the meeting. Yeas - 7 Nays - 0
ADJOI.J D AT 7:10 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy And6on .,.z `1 \AV
Assistant Council Secretary
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