Approved Minutes 4-28-1999 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, April 28, 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 3:40 p.m. by Council President Bostrom.
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items 1 - 25)
Councilmember Reiter requested Item#11 be removed for discussion.
Council President Bostrom requested Items#16, 18, & 19 be removed for discussion.
Councilmember Harris moved approval of the consent agenda as amended. Yeas - 7 Nays - 0
FOR ACTION
1. Approval of minutes of March 3, 1999.
Adopted Yeas - 7 Nays - 0
2. Claims of Daniel Castillo, and Nancy Jones &Leslie Jones.
Referred to the Employee/Risk Management Office
3. Summons and Complaint in the matter of Nancy Shea vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
4. Temporary Restraining Order, Summons, Complaint,Notice of Motion and Motion, and Affidavit in
the matter of Chase Manhattan Mortgage Corporation vs. the City of Saint Paul. (re: 1099 Wakefield
Avenue)
Referred to the City Attorney's Office
5. Communication from Mayor Coleman announcing his veto of Council Resolution 99-284, approving
a housing program for new,permanently affordable rental and owner occupied housing for full time
workers and their families, adopted April 14, 1999.
April 28, 1999 City Council Summary Minutes Page 2
6. Letter from the Office of the City Attorney announcing a continued hearing date of April 30, 1999,
Room 42 City Hall-Courthouse, concerning the Second Hand Motor Vehicle Dealer licenses held by
Import Auto Enterprises, Inc. and MFK Enterprises, Inc.,both located at 830 Robert Street South.
7. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on May 5, 1999, to consider the application for a sound level
variance by the St. Paul Saints Baseball Club for four live music concerts to be held on July 16 from
6:00 p.m. to 10:00 p.m., July 17 from 1:00 p.m. to 10:00 p.m., July 18 from 1:00 p.m. to 9:00 p.m.,
and August 21 from 7:00 p.m. to 10:30 p.m.
8. Letters from the Citizen Service Office/Property Code Enforcement declaring 290 Bates Avenue,
872 Selby Avenue, and 419 Sherburne Avenue as nuisance properties. (For notification purposes
only; public hearings will be scheduled at a later date if necessary.)
9. Administrative Orders:
D001694 Amending the 1998 budget in the Office of License, Inspections and Environmental
Protection to cover 1998 year-end variances in Fund 320.
D001695 Amending the 1998 budget in the Division of Parks and Recreation by transferring
money to provide sufficient funding at the budgetary control level of the Special
Revenue Fund, Town Square Park budget.
D001696 Amending the 1998 budget in the Department of Planning and Economic Development
to allocate funds from the Neighborhood Investment Program to the St. Anthony Park
Community Council.
Noted as on file in the City Clerk's Office
10. Resolution- 99-362 - Approving the appointment of Shirley A. Kane,by Mayor Coleman, to the
Saint Paul Public Housing Agency.
Adopted Yeas - 7 Nays - 0
11. (Discussed after the consent agenda)
12. Resolution- 99-364 -Authorizing payment of$25,000 to Renee Indehar and her attorney in full
settlement of their claim against the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
13. Resolution- 99-365 - Accepting the 1998 City of Saint Paul, Ramsey County, Independent School
District#625, and Saint Paul Port Authority Joint Debt Report.
Adopted Yeas - 7 Nays - 0
April 28, 1999 City Council Summary Minutes Page 3
14. Resolution- 99-366 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at: 1307 Maynard Drive West, 1845 Portland Avenue,
2082 Como Avenue, 1401-1403 Midway Parkway, 910 Forest Street, 427 Charles Avenue, 310
Lexington Parkway North, and 620 Burlington Road.
Adopted Yeas - 7 Nays - 0
15. Resolution- 99-367 - Approving an amendment to Lease Agreement PR/10 of a parcel abutting and
incorporated into the Cayuga Playground to extend the term through April 30, 2002.
Adopted Yeas - 7 Nays - 0
16. (Discussed after the consent agenda)
17. Resolution- 99-369 - Allowing the Prom Management Group to use the City's Wine and 3.2 Malt
Licenses at Como Lakeside Pavilion.
Adopted Yeas - 7 Nays - 0
18. (Discussed after Item 35)
19. (Discussed after Item 35)
20. Resolution- 99-372 -Waiving the 60% consent requirement for a block party/special event permit
for Grand Old Day 1999 to be held on Sunday, June 6, 1999.
Adopted Yeas - 7 Nays - 0
21. Resolution- 99-373 - Authorizing the Police Department to establish a financing and spending plan
for police services provided for the Payne/Arcade Business District Overtime Beat Project from
April 26, 1999 through August 28, 1999.
Adopted Yeas - 7 Nays - 0
22. Resolution- 99-374 - Authorizing the Police Department to establish a 1999 financing and spending
plan for the interest earned on the Local Law Enforcement Block Grant III.
Adopted Yeas - 7 Nays - 0
23. Resolution- 99-375 -Authorizing the Police Department to accept six Portable Breath Testing Units
(PBTs) valued at $605.00 per unit from the Minnesota Department of Public Safety.
Adopted Yeas - 7 Nays - 0
24. Resolution- 99-376 - Authorizing the Police Department to establish a financing and spending plan
for police services provided at the East Consolidated and Railroad Island Weed and Seed program
sites from July 1, 1998 through June 30, 1999.
Adopted Yeas - 7 Nays - 0
25. Resolution- 99-377 - Authorizing the Police Department to enter into agreements with Metropolitan
State University's Midway Campus for professional training seminars.
Adopted Yeas - 7 Nays - 0
April 28, 1999 City Council Summary Minutes Page 4
11. Resolution- 99-363 - Establishing a Sister City relationship between the City of Saint Paul and
Neuss, Germany.
Councilmember Reiter introduced Vince Ruane, Chair of the Sister City relationship. Mr. Ruane
talked about this endeavor and said it will be a productive and useful relationship.
Also appearing and commenting on the Sister City relationship were committee members:
Margaret Morris, Language Services Administrator for 3M Corporation
Karin Nelson, International Trade Representative, State of Minnesota
Tom Shock, Griffith Companies, and President of Rhinefest, Inc., serving as a
liaison from Rhinefest Inc. to the St. Paul and Neuss Sister City Committee.
Councilmember Reiter moved approval.
Adopted Yeas - 7 Nays - 0
16. Resolution- 99-368 - Authorizing the Parks and Recreation Commission to appoint a legislative
review committee to study the feasibility and desirability of establishing off-leash dog areas in city
parks.
Gerry Strathman, Council Research Director, stated it was his understanding that the Division of
Parks and Recreation was going to request that this resolution be withdrawn due to practical and
legal difficulties. He noted that lines 15 through 17 state that the Parks and Recreation Division may
necessitate changes in the City Ordinance requiring the appointment of the Legislative Review
Committee. There is no such requirement and there is not a Legislative Review Committee, he said.
In lines 20-23, "The City Council directs the Parks and Recreation Commission to appoint a
Legislative Review Committee,"the City Charter reserves the authority to appoint committees to the
Mayor with one exception being legislative advisory committees to the City Council. Mr. Strathman
said he did not believe there was any authority in the Charter for the Parks Commission to appoint a
legislative review committee.
Mr. Strathman said it was his understanding that the Division of Parks and Recreation intends to
resolve those issues and re-submit a resolution.
Councilmember Blakey moved to withdraw the resolution.
Withdrawn Yeas - 7 Nays - 0
FOR DISCUSSION
26. Resolution- 99-321 - Approving application for Auto Repair Garage and Second Hand Dealer-
Motor Vehicle Licenses by Nasseh Ghaffari, dba Heartland Auto Sales, 1236 Arcade Street.
(Legislative Hearing Officer recommends approval with conditions) (Laid over from April 21)
Councilmember Lantry moved to lay over one week at the request of Council President Bostrom
Laid over to May 5 Yeas - 7 Nays - 0
April 28, 1999 City Council Summary Minutes Page 5
Suspension Item
Councilmember Coleman moved for suspension of the rules to introduce the following resolution:
Yeas - 7 Nays - 0
Resolution- 99-382 - Observing Workers' Memorial Day on April 28, 1999.
Shar Knutson, President of the St. Paul Trades and Labor Assembly, appeared and talked about
Workers' Memorial Day.
Councilmember Benanav moved approval.
Adopted Yeas - 7 Nays - 0
27. Resolution- 99-271 - Amending the 1999 budget in the Division of Information Services to provide
full financing for the Two-Year Payroll Conversion Project. (Laid over from April 14)
Peter Hames, Director of Management and Technology Services, appeared. He noted that he was
present to follow up on a recommendation he made to the Council one year ago to approve the
budget for a two-year payroll conversion project. He requested the Council approve the request to
appropriate the remainder of funds from 1998 for this year's project so it can be completed on time
and the City can continue to meet its Y2K deadline.
Councilmember Coleman moved approval.
Adopted Yeas - 7 Nays - 0
28. Resolution- 99-327 - Review and approval of changes to the 1999 Neighborhood Sales Tax
Revitalization Program. (Laid over from April 14)
Bob Hammer, Department of Planning and Economic Development, appeared. He noted that this
resolution recommends three minor changes to the Neighborhood Sales Tax Revitalization Program
(STAR) Guidelines which were considered by the STAR Board.
Councilmember Reiter moved approval.
Adopted Yeas - 7 Nays - 0
29. Resolution- 99-328 - Implementation Chapter of the new Citywide Comprehensive Plan: Mayor
Recommendation; City Council Adoption. (Laid over from April 14)
Marcia Moermond, Council Research Office,reviewed the proposed amendments to the plan.
Councilmember Harris moved approval of the resolution and the amendments to the Plan.
Adopted Yeas - 7 Nays - 0
April 28, 1999 City Council Summary Minutes Page 6
30. Discussion regarding issues surrounding the proposed merger of the Saint Paul Workforce
Development Program and the Ramsey County Job Training Program. (an update was requested by
Council on April 14)
Craig Blakely, Department of Planning and Economic Development,provided an update. He noted
that two weeks earlier,responses to questions about the proposed workforce merger were distributed.
The first meeting with Ramsey County counterparts will be held on April 30, 1999, and he said it
would be helpful to have comments and concerns from Councilmembers prior to that meeting.
31. Update from the Administration on the Prevention of Violence in the Workplace. (an update was
requested by Council on January 27)
Larry Zangs, Department of Planning and Economic Development, distributed and reviewed a
memorandum outlining what the Committee has done up to this point in time. He stated that they
have finalized and disseminated the"hostile encounter form," a form that would be used by an
employee to report a violent or harassing encounter with the public or a non-City employee. The
objective is to be able to identify or alert other employees of a potential problem at a property or
location on or off City property. A training session will be conducted on a department by
department basis in the near future.
(Coleman&Reiter left)
A checklist for training has been sent to departments in order to decide what type of training will be
required based on particular security issues within respective departments. The City will be working
with Ramsey County which already has a violence prevention training program in place. Mr. Zangs
reviewed how the process will be handled after an employee fills out a report form.
The City Council requested an additional update on October 27, 1999.
ORDINANCES
32. Final Adoption- 99-272 -An ordinance requiring the inspection and registration of certain rental
units in one and two family dwellings.
Councilmember Harris moved to introduce a substitute resolution at the request of Council President
Bostrom.
Substitute introduced and laid over to May 5 for final adoption
Yeas - 5 Nays - 0 (Coleman&Reiter not present for vote)
April 28, 1999 City Council Summary Minutes Page 7
(Coleman returned)
33. Final Adoption- 99-273 - An ordinance amending Saint Paul Legislative Code Chapter 310 to
increase the Automated Pawn System Billable Transaction Fee to reflect enforcement costs. (The
City Council took action on April 21 to lay this ordinance over to May 12 for final adoption)
Laid over to May 12 per Council action taken on April 21
34. Final Adoption- 99-319 - An ordinance finalizing City Council action approving the petition of
Zigmunt Kanstul to rezone property at 976 Hazelwood Street from R-4 to RT-1.
Councilmember Lantry moved approval.
Adopted Yeas - 6 Nays - 0 (Reiter not present for vote)
(Reiter returned)
35. Second Reading - 99-353 -An ordinance amending Chapter 34 of the Saint Paul Legislative Code to
accurately reflect current enforcement practices, to update appeals action, and to address emergency
vacate orders.
Laid over to May 5 for third reading/public hearing
18. Resolution- 99-370 -Adopting the recommendation of the Saint Paul Planning Commission not to
designate the Seventh Place Properties as Heritage Preservation Sites.
Councilmember Coleman moved to withdraw the resolution at the request of Council President
Bostrom.
Withdrawn Yeas - 7 Nays - 0
19. Resolution- 99-371 -Adopting the recommendation of the Saint Paul Planning Commission not to
designate the Coney Island as a Heritage Preservation Site.
Councilmember Coleman moved to withdraw the resolution at the request of Council President
Bostrom.
Withdrawn Yeas - 7 Nays - 0
Suspension Items
Councilmember Coleman moved for suspension of the rules to introduce the following ordinance:
Yeas - 7 Nays - 0
First Reading- 99-383 -An ordinance designating the Coney Island Buildings as a Heritage
Preservation Site.
Laid over to May 5 for second reading
April 28, 1999 City Council Summary Minutes Page 8
Councilmember Coleman moved for suspension of the rules'to introduce the following ordinance:
Yeas - 6 Nays - 1 (Harris)
First Reading - 99-384 -An ordinance designating the Seventh Place Buildings as a Heritage
Preservation Site.
Laid over to May 5 for second reading
Phil Byrne, Assistant City Attorney, suggested that the public hearings be held on May 26, 1999, on
the above ordinances.
Councilmember Harris explained that he voted against suspension on Ordinance 99-384 as his
preference was to vote on Resolution 99-370.
The meeting was recessed from 4:20 - 5:30 p.m.
Roll Call: Present- 7 Absent- 0
PUBLIC HEARINGS
36. Third Reading - 99-329 - An ordinance amending Chapter 45 of the Saint Paul Legislative Code
relating to summary abatement appeals.
No one appeared in opposition; Councilmember Harris moved to close the public hearing.
Yeas - 7 Nays - 0
Laid over to May 5 for final adoption
37. Third Reading - 99-341 -An ordinance amending Chapter 66-216 of the Saint Paul Legislative Code
pertaining to special district sign plans by creating a new special district sign plan for Saint Anthony
Park to be known as the Saint Anthony Park Special District Sign Plan.
Bob Arndorfer, Co-chair of the St. Anthony Park Community Council, appeared and spoke in
support of the ordinance.
No one appeared in opposition; Councilmember Benanav moved to close the public hearing.
Yeas 7 Nays - 0
Councilmember Benanav moved to amend Page 2, Lines 23 & 32, to change from"market value"to
"replacement cost."
Amended and laid over to May 5 for final adoption Yeas - 7 Nays - 0
38. Resolution- 99-378 - Concerning adverse action against all licenses held by Beaver Lounge, Inc.,
756 Jackson Street. (Uncontested)
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection(LIEP), appeared and stated that this matter involved an adverse action
against Beaver Lounge based upon a violation of failure to allow police onto the premises. The
April 28, 1999 City Council Summary Minutes Page 9
notice of violation was sent to the owner/manager on March 2, 1999, indicating that if they wished to
have a hearing contesting the facts, they would have to contact the City Attorney's Office by Friday
March 12, 1999. There was no response to the letter, stated Ms. Palmer, and she has had no other
contact with the owner. The penalty recommendation is a five day suspension based upon the
penalty matrix.
Grace Braid, 3560 Emerald Drive, White Bear Lake, owner of Beaver Lounger, appeared and
explained the circumstances of this incident.
Councilmember Reiter moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
39. Resolution- 99-379 - Concerning adverse action against all licenses held by Arthur Heutmaker, dba
Conoco &Automotive, 1208 Arcade Street. (Uncontested)
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
40. Resolution- 99-275 - Ordering the owner to remove or repair the building at 430 Blair Avenue
within fifteen(15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval) (Laid over from April 21)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
41. Resolution- 99-380 - Ordering the owner to remove or repair the building at 726 Geranium Avenue
East within fifteen (15) days from adoption of resolution.
(Legislative Hearing Officer recommends the owner be given six months to complete rehabilitation)
Gerry Strathman, Legislative Hearing Officer,reported that a code compliance inspection was
completed and the bond was posted.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted as amended(per recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
42. Resolution- 99-381 - Ordering the owner to remove or repair the building at 918 Park Street within
fifteen(15) days from adoption of resolution. (Legislative Hearing Officer recommends the owner
be given six months to complete the rehabilitation provided a$2,000 bond is posted by noon on
April 28, 1999)
Gerry Strathman, Legislative Hearing Officer, reported that the bond was not posted and he
recommended approval of the resolution to remove or repair within 15 days.
April 28, 1999 City Council Summary Minutes Page 10
Tim (last name undecipherable), 1591 Granada Avenue N., Oakdale, appeared on behalf of John
Menteer the property owner. He stated the owner is in the process of repairing the house and it will
be sold when the work is completed. Tim said he had received a check on this date to post the bond.
The owner is requesting six months to complete the work.
Councilmember Reiter moved to lay over one week.
Laid over to May 5 Yeas - 7 Nays - 0
43. Resolution Ratifying Assessment - 99-339 - In the matter of the installation of sanitary sewer and
service connections in West Dora Court and in Dora Lane from Upper Afton Road to East Dora
Court, and removal of existing oiled street surface and replacement with four inches of Class V Base
and two inches of bituminous material. (File#18826) (Laid over from April 14)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
44. Public hearing to consider the application of Cemstone Products Company for a final plat review
approval to allow the existing industrial property to be platted into a single lot at 2058 Energy Park
Drive.
Larry Soderholm, Department of Planning and Economic Development, appeared and stated that this
is the existing Cemstone Plant in the Midway Area. Cemstone is now buying the land which they
previously leased from the railroad. In the process of buying it, they want to consolidate a number of
parcels into one real estate description. Since it was previously unplatted land, it is necessary to have
City Council approval.
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
grant the application, approve the subdivision, and adopt the findings in staff report#99-026.
Motion of Intent- Application Granted Yeas - 7 Nays - 0
April 28, 1999 City Council Summary Minutes Page 11
There was no further business; Councilmember Blakey moved to adjourn the meeting.
ADJOURNED AT 5:50 P.M.
Dani 1 Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy An son \ Rc‘e\
Assistant Council Secretary
mce
kn
a
a �
0
\'\;
ON A
gN W J
flu ��
cd
Pi
c4