Approved Minutes 5-5-1999 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, May 5, 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, Harris, Lantry, Reiter
Absent - 1 - Coleman(arrived after roll call)
Nancy Anderson, Assistant Secretary to the Council, read the following communication into the record:
Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on May 12, 1999, to make necessary fmdings and determinations and to
authorize proceeding with acquisition of the parcel at the northeast corner of Pelham Boulevard
and Myrtle Avenue through eminent domain.
Councilmember Harris requested Item 16 be removed for discussion.
Councilmember Harris moved approval of the consent agenda as amended. Yeas - 7 Nays- 0
CONSENT AGENDA (Items 1 - 20)
FOR ACTION
1. Approval of minutes of March 10, 17, and 24, 1999.
Adopted Yeas - 7 Nays - 0
2. Claims of Beau Tordsen, and Kelly Wilke.
Referred to the Employee/Risk Management Office
3. Summons and Complaint in the matter of Heather Clarkson vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of Rosie Martinez vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
5. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on May 12, 1999, to consider the appeal of JLT Group to a
decision of the Planning Commission approving a site plan for a trucking facility at approximately
630 Prior Avenue North with conditions regulating access to the site, noise, hours of operation
and other issues.
May 5, 1999 City Council Summary Minutes Page 2
6. Letter from the Office of the City Attorney announcing a public hearing before the City Council
on May 12, 1999, concerning the License Application of Gerald Grossman for an Auto Repair
Garage and Second Hand Motor Vehicle Dealer's License at 545 University Avenue.
(Uncontested)
7. Letter from the Office of the City Attorney announcing a public hearing before the City Council
on May 12, 1999, concerning the License Application of Richard Diaz, dba Rick Diaz Auto
Services, 933 Atlantic Street. (Uncontested)
8. Letter from the Office of the City Attorney announcing a public hearing before the City Council
on May 12, 1999, concerning the Renewal Application for a Taxicab Driver's License by Henry
C. Hormann, 738 3rd Street East. (Uncontested)
9. Letter from the Office of the City Attorney announcing a public hearing before the City Council
on May 12, 1999, concerning the Master Plumber and Gas Fitter Competency Card held by
Richard Fischer, North Star Plumbing, 62 South Hamline Avenue. (Uncontested)
10. Communication from Briggs and Morgan indicating authorization by the Board of Education for
ISD #625 to commence eminent domain proceedings for the acquisition of 718 York Avenue.
11. Communication from the Minnesota Department of Administration to Brad Jacobsen, President of
the St. Paul Police Federation, advising of the Commissioner's intent to take additional time to
issue an advisory opinion requested by Mr. Jacobsen.
12. Administrative Orders:
D001697 Authorizing the Department of Public Works to expend funds, not to exceed $15,000,
for an open house on May 18, 1999.
D001698 Amending the 1998 budget in the Division of Parks and Recreation Grants and Aids
Budget.
D001699 Authorizing the Division of Parks and Recreation to pay Saint Mark's School, 2001
Dayton Avenue, an amount not to exceed $4,000 from the City's 1999 Children's
Play Area Equipment Program for their Child Care and After School Care Project.
Noted as on file in the City Clerk's Office
13. Resolution - 99-385 - Approving application for Malt Off Sale, Grocery (C), and
Cigarette/Tobacco Licenses by Robert Mehta, dba Lou's Market, 1199 White Bear Avenue North.
(Legislative Hearing Officer recommends approval)
Adopted Yeas - 7 Nays - 0
14. Resolution - 99-386 - Authorizing the Housing Information Office to execute a contract with the
Family Housing Fund in the amount of$185,000 for the City's Mortgage Foreclosure Prevention
Program.
Adopted Yeas - 7 Nays - 0
May 5, 1999 City Council Summary Minutes Page 3
15. Resolution - 99-387 - Agreeing to hold Macalester College harmless for use of their athletic track
at 1600 Grand Avenue on June 18 and July 10, 1999, by the Division of Parks and Recreation.
Adopted Yeas - 7 Nays - 0
16. (Discussed after the consent agenda)
17. Resolution - 99-389 - Authorizing release of utility easements in part of vacated Fenton and
Kentucky Streets and within the alley located in Lot 6, Block 2, Riverview Industrial Park,141
South Lafayette Freeway.
Adopted Yeas - 7 Nays - 0
18. Resolution - 99-390 - Amending Council File #215995, dated December 26, 1963, so as not to
retain the easements of vacated and discontinued public property at McAfee Street and Maryland
Avenue as requested by the present representative of the property owner.
Adopted Yeas - 7 Nays - 0
19. Preliminary Order - 99-391 - In the matter of sidewalk reconstruction in Ward 2 on both sides of
Randolph Avenue from View Street to Bay Street; in Ward 3 on the west side of Davern Street
from Norfolk Avenue to south 135 feet; the east side of Edgcumbe Road from St. Paul Avenue to
Field Avenue and the west side of Edgcumbe Road from Sheridan Avenue to the railroad tracks;
and in Ward 4 on the west side of North Hamline Avenue from Sherburne Avenue to Thomas
Avenue, and setting date of public hearing for June 9, 1999. (File #S99065-S99068)
Adopted Yeas - 7 Nays - 0
20. Preliminary Order - 99-392 - In the matter of sidewalk reconstruction in Ward 6 on both sides of
Ames Avenue from Van Dyke Street to North Hazel Street; the south side of East Maryland
Avenue from Hazelwood Street to Herbert at 1624 East Maryland Avenue only; and both sides of
Mechanic Avenue from Van Dyke Street to North Hazel Street; in Ward 7 on both sides of East
Fourth Street from North Howard Street to North McKnight Road; and both sides of East Third
Street from English Street to Clarence Street, and setting date of public hearing for June 9, 1999.
(File #S99069-S99073)
Adopted Yeas - 7 Nays - 0
16. Resolution - 99-388 - Authorizing the Department of Planning and Economic Development to
accept $500,000 from the Department of Trade and Economic Development to be provided to
MediaOne of St. Paul for capital improvements to the former Department of Revenue Building.
Councilmember Harris questioned what the impact of the $500,000 forgivable loan will be, what
the implications are for that purchase and how it will affect the City.
Brian Sweeney, Department of Planning and Economic Development (PED), appeared and stated
that PED has been monitoring the purchase of MediaOne. One of the things that was very clear
May 5, 1999 City Council Summary Minutes Page 4
was that the impact of any buyout purchase from MediaOne would not negatively impact the St.
Paul and Minnesota employment situation.
Councilmember Blakey stated that he had received a call from an African-American radio station
that is on cable indicating that they were pulled off by MediaOne without any explanation. He
questioned what the contract says to that effect and whether there is any affirmative action
implications with regard to representation.
Sean Kershaw, PED, responded that he would attempt to reach MediaOne immediately and
provide Councilmember Blakey with an answer to his question. Blakey said he felt there was a
linkage because of the public money and when this service is being provided, it's provided to all
people. He said when he got the call that the radio station was being pulled from the air, he felt
there would be notice or a pubic hearing. If the City is going to do business with MediaOne,
there should be assurance that all constituencies are represented, Blakey said. He is concerned
that there may not be any media outlets that pertain to the African-American community or
communities of color. There was an opportunity when it was Continental Cable.
Based on what is now known, that there is a $54 billion offer from MediaOne which in part is
dependent on the fact that they control local markets, is the fact that suddenly this company could
potentially be "cash rich," Harris stated. He asked if that will affect the fact that public assistance
was provided for them. The market has put a new valuation on the company and he questioned
how that might affect the arrangements, the contracts with them, or their need for capital to do
something.
Mr. Kershaw responded that MediaOne has an offer to be bought but that won't close for some
time yet, and no matter what happens with that agreement, they are still under the same
obligations with the loan in terms of job training requirements, number of employees, downtown
headquarters, etc. That transaction will not change any of the requirements and if they should
leave or change the employee structure downtown, they would have to pay the city back.
Councilmember Benanav asked how long Media One is required to be in St. Paul. Mr. Kershaw
responded that the State requirement of$500,000 relates to a net increase in jobs for the company
itself, not just within St. Paul, over a two-year period. The million dollars that the City provided
requires them to reach and maintain at least 700 employees and keep their headquarters here for
ten years, spend approximately $250,000 on subsidizing employee transit, bus ridership,
metropasses, etc. Also, they are required to spend $500,000 on workforce development and
hiring or upgrading the skills of 160 St. Paul residents.
Council President Bostrom asked Gerry Strathman, Council Research Director, if any of this was
included in the re-negotiated terms and conditions of the franchise. Mr. Strathman responded that
none of the issues regarding this particular building are included in the franchise. However, some
of the issues raised by Councilmember Blakey could be franchise issues. There is nothing in the
franchise having to do with the Revenue Building or any commitments to create new employees.
May 5, 1999 City Council Summary Minutes Page 5
There is one requirement in the franchise that requires them to keep a proportionate share of their
workforce in St. Paul.
Councilmember Coleman said he sees this as a franchise agreement issue as opposed to the issue
of MediaOne's headquarters. He requested that Mr. Strathman see if there are issues in the
franchise that could be looked at and report back to the Council.
Councilmember Coleman moved approval.
Council President Bostrom asked Mr. Kershaw not to execute the resolution until after the May
12, 1999, meeting in the event that it is reviewed again.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
21. Resolution- 99-393 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 1564 Upper Afton Road. (Laid over from November
12, 1998)
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
22. Resolution - 99-292 - Approving application for a Malt Off-Sale License by Ahmad Ibrahim, dba
Mona's Market, 1218 Thomas Avenue. (Legislative Hearing Officer recommends approval) (Laid
over from April 7) (Note: This resolution will be withdrawn)
Councilmember Blakey moved to withdraw the resolution
Withdrawn Yeas - 7 Nays - 0
23. Resolution - 99-357 - Stating the intent of the City Council that developer fees be determined on a
project-by-project basis, based on a mix of development variables including project complexity,
scale, schedule and developer risk and performance. (Laid over from April 21)
Councilmember Harris noted that Planning and Economic Development (PED) staff has put
together a new resolution which they feel would be a more reasonable approach to this issue.
Gary Peltier, PED, appeared and reviewed the changes to the resolution that were recommended
by PED. Additional amendments were made.
Councilmember Harris moved approval of the substitute resolution as amended.
Substitute amended and adopted Yeas - 7 Nays - 0
May 5, 1999 City Council Summary Minutes Page 6
24. Resolution - 99-358 - Stating the intent of the City Council that all housing proposals be
considered for funding from the City of Saint Paul or the Saint Paul Housing and Redevelopment
Authority include private equity from the developer for a least 50% of the total project cost. (Laid
over from April 21)
Councilmember Harris moved to withdraw the resolution.
Withdrawn Yeas - 7 Nays - 0
25. Resolution - 99-361 - Requesting that staff of the Department of Planning and Economic
Development develop, with neighborhood involvement, standard designs for single family homes
with three bedrooms, single family, cluster development town homes and multi-unit rental
housing. (Amended and laid over from April 21)
Brian Sweeney, Department of Planning and Economic Development (PED) appeared. He
reported that PED has been working on concepts for streamlining the entire process of new
housing construction in the City from reducing fees to trying to expedite site plans and looking at
pre-approval of housing plans. This approach incorporates several of the concepts outlined in this
resolution which directs PED to look at the costs and configurations of several housing types.
They are looking at a number of things in trying to make building units in St. Paul much easier.
At the Housing and Redevelopment Authority (HRA) meeting on May 12th there will be a
discussion on vacant properties and tax-forfeited properties where there may be an opportunity to
build on. One of the things they've talked about is the "skinny housing project" in which there are
a lot of different types of properties and vacant properties throughout St. Paul. PED has identified
examples of package plans for homes from a company named Home Styles, a home plan company
which the City helped to relocate in Lowertown. Mr. Sweeney said PED is not endorsing any
individual company's product per se but were only trying to give the Council an idea of the type
of properties that they can identify and are very attractive; something that is very contiguous with
the neighborhoods throughout St. Paul and something that can be easily identified as a product that
can be pre-approved. Therefore, they could cut through with the licensing process.
Mr. Sweeney noted that the list did not include the cluster-development townhomes and multi-unit
rental housing but they are in the process of putting that together.
In response to a question of Councilmember Harris, Sweeney said by mid-June they would have
one and possible six designs ready. There are 125 vacant lots in St. Paul, Harris said, that the
City owns.
Councilmember Blakey asked how they will deal with historic areas. Mr. Sweeney said he was
unsure if the list available at this time included historical designs but they will be a part of pre-
approved units. Blakey further questioned how design concepts would be handled when talking
about historic areas. The intent of the different types of houses, Sweeney said, is that they will fit
within the integrity of the community and the neighborhood.
May 5, 1999 City Council Summary Minutes Page 7
Councilmember Lantry requested that PED contact each district council and ask them to start the
process of identifying sites where they want housing or where they have input on housing. The
neighborhood, in some ways, should drive the design standards for the neighborhood, she said.
Councilmember Harris amended the resolution by adding language requesting that PED staff
develop, with neighborhood involvement, standard designs for housing. Harris requested that Mr.
Sweeney return to the Council on June 16 to present the first design.
Councilmember Harris moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
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 28)
Councilmember Harris moved approval at the request of Council President Bostrom.
Laid over to May 12 Yeas - 7 Nays - 0
27. 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) (Laid over from April 28)
Gerry Strathman, Legislative Hearing Officer, reported that the bond was not posted.
Councilmember Reiter moved approval.
Adopted (remove or repair within 15 days) Yeas - 7 Nays - 0
28. Resolution - 99-394 - Requesting that the Administration provide an update on the progress of
implementation of the Metropass Program at the May 19, 1999, City Council meeting.
Councilmember Benanav moved approval.
Adopted Yeas - 7 Nays - 0
ORDINANCES
29. Final Adoption - 99-231 - An ordinance amending Sections 376.16 and 376.17 of the Saint Paul
Legislative Code; establishing taxicab driver training as a prerequisite for licensure. (Laid over
from April 14)
A substitute ordinance was presented by the Office of License, Inspections and Environmental
Protection (LIEP).
May 5, 1999 City Council Summary Minutes Page 8
Councilmember Blakey questioned if the classes will include discussion on proper dress, hygiene,
etc. Troy Gilbertson, Office of LIEP, responded that the details of the training have not been
worked out yet but those are items they are planning to cover.
Councilmember Blakey moved to introduce the substitute ordinance and lay over one week.
Substitute introduced and laid over to May 12 for final adoption
Yeas - 7 Nays - 0
In response to a question of Councilmember Harris, Mr. Gilbertson said they are planning to
contract with Hennepin Technical College for the training as they have developed a custom
training course which is already being utilized by the City of Minneapolis and the Minneapolis-
Saint Paul Airport. The classes will be held in St. Paul and the current proposal is that they will
be held in the evening hours which the taxi people have indicated is a low traffic time. LIEP's
objective is to have everyone trained and they will be flexible if the time does not work.
30. Final Adoption - 99-272 - An ordinance requiring the inspection and registration of certain rental
units in one and two family dwellings. (Substitute introduced and laid over from April 28)
Councilmember Harris moved a one week layover at the request of Council President Bostrom.
Councilmember Blakey said he would like to get statistics on how many property enforcement tags
were issued at this time in 1998 and at this time in 1999, and the correlation between summary
abatements at this time last year and this year and have a report back at the May 12 meeting.
Councilmember Harris moved to reconsider the one week layover. Yeas - 7 Nays - 0
Council President Bostrom presented amendments to the ordinance.
Councilmember Harris moved approval of the amendments.
Councilmember Lantry questioned page 6 pertaining to the fees and suggested the language be
clarified. Phil Byrne, Assistant City Attorney, presented clarifying language.
Councilmember Coleman moved approval of the amendments.
Councilmember Coleman moved an additional amendment on page 5 line 37.
Amended and laid over to May 12 for final adoption Yeas - 7 Nays - 0
May 5, 1999 City Council Summary Minutes Page 9
31. Final Adoption - 99-329 - An ordinance amending Chapter 45 of the Saint Paul Legislative Code
relating to summary abatement appeals.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
32. Final Adoption - 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. (Amended on
April 28)
Councilmember Benanav moved approval.
Adopted Yeas - 7 Nays - 0
33. Second Reading - 99-383 - An ordinance designating the Coney Island Buildings as a Heritage
Preservation Site.
Laid over to May 26 for third reading/public hearing Yeas - 7 Nays - 0
34. Second Reading - 99-384 - An ordinance designating the Seventh Place Buildings as a Heritage
Preservation Site.
Laid over to May 26 for third reading/public hearing Yeas - 7 Nays - 0
35. First Reading - 99-395 - An ordinance to establish a distance limitation between establishments
licensed to sell 3.2 percent malt liquor at off-sale.
Laid over to May 12 for second reading
36. First Reading - 99-396 - An ordinance finalizing City Council action approving a petition for
Friends School of Minnesota to rezone property at 1365 Englewood Avenue from RM-3 to 0S-1
to allow expansion of the existing school. (Public hearing held October 28, 1998)
Laid over to May 12 for second reading
Suspension Item
Councilmember Harris moved for suspension of the rules and approval and approval of the following
resolution:
Resolution - 99-399 - Accepting the invitation to the Fifth Annual Millard Fillmore Dinner on
May 13, 1999, and declaring this event a public purpose.
Adopted Yeas - 7 Nays - 0
The meeting was recessed from 4:47 - 5:30 p.m.
Roll Call: Present - 7 Absent - 0
May 5, 1999 City Council Summary Minutes Page 10
PUBLIC HEARINGS
Councilmember Harris moved to reconsider Items #33 and 34 to clarify that the public hearings will be
held on May 26. Yeas - 7 Nays - 0 (Noted on page 9)
37. Third 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.
No one appeared in opposition; Councilmember Harris moved to close the public hearing.
Yeas - 7 Nays - 0
Laid over to May 12 for final adoption
38. Resolution - 99-277 - Ordering the owner to remove or repair the building at 382 Dewey Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval) (Laid over from March 24)
Gerry Strathman, Legislative Hearing Officer, reported that this property has been sold by Ramsey
County Taxation and he recommended that the order be amended to give the owner six months to
complete rehabilitation.
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted as amended Yeas - 7 Nays - 0
39. Resolution - 99-397 - Approving application for a sound level variance by the St. Paul Saints
Baseball Club for four live music concerts to be held at Midway Stadium, 1771 Energy Park
Drive, 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.
Appearing in opposition to the resolution was Heather Worthington, St. Anthony Park Community
Council.
Bill Fanning of the St. Paul Saints Baseball Club appeared and explained what the shows will
consist of and clarified some of the misconceptions presented by Ms. Worthington.
Councilmember Benanav moved approval of the July 16 and August 21 concert dates and moved
to continue the public hearing to May 12 for the concerts on July 17 and 18.
Adopted as amended Yeas - 7 Nays - 0
The public hearing was continued on May 12 regarding the live music concerts on July 17 from
1:00 p.m. to 10:00 p.m. and July 18 from 1:00 p.m. to 9:00 p.m.
May 5, 1999 City Council Summary Minutes Page 11
40. Resolution Ratifying Assessment - 99-398 - In the matter of boarding-up of vacant properties for
August and December 1998; boarding up of vacant properties for October and November 1998;
towing abandoned vehicles for October 1998; demolition of vacant buildings for December 1998
and January and February 1999; summary abatements (snow and/or ice removal and sanding
walks) for January and February 1999; and summary abatements (property clean-up) for January
and February 1999. (File #J9901B, J9901 B 1, J9901V, J9901C, J9901 A 1, J9901A)
(Legislative Hearing Officer recommends approval with the following exceptions:
6i-7 615 Geranium Avenue East (J9901 A 1) - delete assessment
805 Central Avenue West (J9901A) - Laid over to the June 1 Legislative
Hearing and June 9 City Council Meeting)
No one appeared in opposition; Councilmember Harris moved to close the public hearing and
approval.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
41. Public hearing to consider the appeal of Michelle Hotzler to a decision of the Heritage
Preservation Commission denying approval of a building permit to construct a garage at 472
Dayton Avenue. (Laid over from April 7) (Note: This appeal will be withdrawn)
Councilmember Blakey moved to withdraw the appeal.
Appeal withdrawn Yeas - 7 Nays - 0
42. Public hearing to consider the application of Michael Lander for a final plat review approval to
allow existing residential property at 275-285 Irvine Avenue to be platted into four lots.
No one appeared in opposition.
Larry Soderholm, Department of Planning and Economic Development, appeared. He indicated
that the townhomes are already built and the property needs to be subdivided so the units can be
sold with the land under them. Staff has reviewed the application and recommends approval.
Councilmember Coleman moved to close the public hearing, grant the application, approve the
subdivision, and adopt the proposed fmdings in staff report File #99-053.
Motion of Intent - Application Granted Yeas - 7 Nays - 0
May 5, 1999 City Council Summary Minutes Page 12
Councilmember Harris moved to adjourn the meeting.
ADJOURNED AT 5:50 P.M.
Daniel ostrom, Council President
ATTEST:
Minutes approved by Council
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