Approved Minutes 6-2-1999 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL 1
Wednesday, June 2, 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 - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items 1 - 24)
Nancy Anderson, Assistant Secretary to the Council, noted that the reports requested in Item 5 will be laid
over to June 23, and an error was corrected in Item 8 regarding the public hearing date.
Councilmember Benanav requested Item 16 be removed for discussion.
Councilmember Lantry requested Item 18 be removed for discussion.
Councilmember Blakey moved approval of the Consent Agenda as amended. Yeas - 7 Nays- 0
FOR ACTION
1. Approval of minutes of April 28, 1999.
Adopted Yeas - 7 Nays - 0
2. Claims of James Bailey, Otis Bailey, Ruben Argvimedes, and Jovelyn Richards-
Williamson.
Referred to the Employee/Risk Management Office
3. Summons in Application for Registration in the matter of the application of Allina Health
System, dba United Hospital, to register title to real estate situated in Ramsey County.
Referred to the City Attorney's Office
4. Notice of Motion and Motion, Affidavit of Patrick F. Quinn, Memorandum of Law in
Support of Quick Take Regarding Subject Parcels, Order Granting Eminent Domain
Petition and Appointing Commissioners, and Notice of Lis Pendens in the matter of the
Board of Education of Independent School District #625 vs. the City of Saint Paul, et al.
regarding acquisition of 733 Wells Street and 754 Sims Avenue.
Referred to the City Attorney's Office
June 2, 1999 City Council Summary Minutes Page 2
5. Letter from Gerry Strathman, Secretary to the City Council, to Mayor Coleman requesting
two reports from the Administration to be presented at the City Council meeting on Jae 9
June 23, 1999, regarding consolidation of the Police and Fire Emergency Communications
Centers, and a report on City activities directed toward the possible construction of a major
league baseball stadium in St. Paul.
6. Letter from the Citizen Service Office/Property Code Enforcement declaring 503 Belvidere
Street East as nuisance property and setting date of Legislative Hearing for June 15, 1999,
and City Council Hearing for June 23, 1999.
7. Letter from the Office of the City Attorney announcing a public hearing before the City
Council on June 9, 1999, to consider the report of the Administrative Law Judge
concerning the Currency Exchange License Application of Curt R. Potts and James C.
Erickson, dba Endeavor Financial, Inc. for the premises located at 577 University Avenue.
8. Letter from the Office of License, Inspections and Environmental Protection announcing a
public hearing before the City Council on July 3 June 23 , 1999, to consider 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.
9. Administrative Orders:
D001706 Authorizing Joseph Reid to sign tentative collective bargaining agreements and
memoranda of understanding on behalf of the Administration until a new
Director of Labor Relations is appointed.
D001707 Authorizing payment, not to exceed $350.00, to Events by Design for food
service for outside agencies participating in the Street Safe Officer Survival
course sponsored by the Police Department on May 12-13, 1999.
D001708 Authorizing a one-year lease agreement with Suzanne Stenson for
approximately 7,300 square feet of vacant land on the north side of Cliff Road
between Ann and Margaret Streets to be used as a garden plot.
D001709 Authorizing a Police Department staff member (non-City employee) to attend
the "Psychology of Mind" Annual Conference in San Jose, Ca. from June 24-
28, 1999.
Noted as on file in the City Clerk's Office
10. Resolution - 99-438 - Approving the January 1, 1999 through December 31, 2000
Collective Bargaining Agreement between the City of Saint Paul and Local Union 1842,
District Council 14 of the American Federation of State, County and Municipal
Employees, AFL CIO. (Laid over from May 26 for adoption)
Adopted Yeas - 7 Nays - 0
June 2, 1999 City Council Summary Minutes Page 3
11. Resolution - 99-439 - Approving the January 1, 1999 through December 31, 2000
Collective Bargaining Agreement between the City of Saint Paul and Local 2508, District
Council 14 of the American Federation of State, County and Municipal Employees, AFL
CIO. (Laid over from May 26 for adoption)
Adopted Yeas - 7 Nays - 0
12. Resolution - 99-440 - Approving the January 1, 1999 through December 31, 2000
Collective Bargaining Agreement between the City of Saint Paul and the City of Saint Paul
Professional Employees Association. (Laid over from May 26 for adoption)
Adopted Yeas - 7 Nays - 0
13. Resolution - 99-462 - Approving the reappointments of Louis Henry, Malcolm McDonald,
Richard Grigos, Kristine Jacobs, Donovan Schwichtenberg, and Gail Stremel, by Mayor
Coleman, to the Saint Paul Workforce Development Council.
Adopted Yeas - 7 Nays - 0
14. Resolution - 99-463 - Approving the appointment of Floyd Jaehnert, by Mayor Coleman,
to the Saint Paul Long-Range Capital Improvement Budget Committee (CIB).
Adopted Yeas - 7 Nays - 0
15. Resolution - 99-464 - Encouraging City employees to schedule all work-related travel on
flights to and from Minneapolis-Saint Paul (MSP) International Airport that arrive or
depart between 7:00 a.m. and 10:00 p.m., and urging the Saint Paul Legislative Delegation
to work with the Metropolitan Airports Commission and the Federal Aviation
Administration to reduce the number of night time flights at MSP International Airport.
Adopted Yeas - 7 Nays - 0
16. (Discussed after the consent agenda)
17. Resolution - 99-466 - Establishing the rate of pay for the Assistant Recreation Center
Director in the Salary Plan and Rates of Compensation.
Adopted Yeas - 7 Nays - 0
18. (Discussed after the consent agenda)
19. Resolution - 99-468 - Establishing a financing and spending plan in the Fire Responsive
Services Fund for use of a $100,000 contribution from Ramsey County to supplement
Capital Improvement funding for building improvements at the Fire Training Center.
Adopted Yeas - 7 Nays - 0
June 2, 1999 City Council Summary Minutes Page 4
20. Resolution - 99-469 - Authorizing the Saint Paul Police Department to transfer Citywide
Capital Maintenance Project and Capital Improvement Project balances available to the
Police Emergency Communications Center Renovations Capital Improvement Project.
Adopted Yeas - 7 Nays - 0
21. Resolution - 99-470 - Transferring $117,500 from 1998 CIB contingency to the Police
Emergency Communications Renovation Capital Improvement Project.
Adopted Yeas - 7 Nays - 0
22. Resolution - 99-471 - Rescinding Council File 98-671 which vacated the City's right-of-
way interest in part of Forbes Avenue lying northwesterly of West Seventh Street.
Adopted Yeas - 7 Nays - 0
23. Preliminary Order - 99-472 - In the matter of improving the alley in Block 1, Phalen
Heights Addition (bounded by Frank, Ivy, Orange, and Hyacinth) by grading and paving
with a bituminous material, and setting date of public hearing for July 14, 1999. (File
#18899)
Adopted Yeas - 7 Nays - 0
24. Preliminary Order - 99-473 - In the matter of condemning and taking an easement in the
land necessary for the slopes, cuts, and fills, including the right of removal of lateral
support from subject land in grading and paving the alley in Block 1, Phalen Heights
Addition (bounded by Frank, Ivy, Orange, and Hyacinth), and setting date of public
hearing for July 14, 1999. (File #18899-S)
Adopted Yeas - 7 Nays - 0
Suspension Item
Resolution - 99-480 - Recognizing Tina Baribeau for 15 years of service to the City of
Saint Paul.
Councilmember Blakey read the resolution recognizing his secretary, Ms. Baribeau, and
extended his appreciation to her for her quality work.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
June 2, 1999 City Council Summary Minutes Page 5
16. Resolution - 99-465 - Approving a budget amendment to the City's contribution to the
Science Museum of Minnesota project.
Councilmember Benanav questioned what impact this amendment has on the Housing and
Redevelopment Authority (HRA) budget, if it could be taken from another budget, and if
the money will be repaid at some time.
Joe Reid, Office of Financial Services, appeared and stated that the Science Museum
project was composed of funds from the HRA and other general fund sources. There will
also be a companion amendment before the HRA. It is being proposed to use some of the
funds that were provided to the HRA through a sale of District Energy assets two years
ago that provided development money for the HRA. Mr. Reid said he recommended that a
portion of that money be used rather than using the City's general fund money. The
Science Museum has a commitment under the terms of the agreement to pay the City
$250,000 over the next 20 years. They are trying to sell their current building and if it is
sold the City would be entitled to the present value of that revenue stream which then
could be used to repay the HRA.
Councilmember Benanav further questioned why it was better to use the HRA money
rather than general fund money. Mr. Reid responded that the HRA money is designed for
development projects such as the Science Museum. The general fund balance is available
for emergencies and it is also the most flexible type of funds so there may be some things
that the HRA funds could not be used for that the general fund could be.
Councilmember Benanav said he would like to see language in the resolution that provides
for payback.
Councilmember Harris said he would prefer to lay the resolution over one week until after
the HRA meeting and requested that Mr. Reid provide information on the balance of the
fund this money is coming from and the terms of the payback.
Councilmember Benanav moved to lay over one week.
Laid over to June 9 Yeas - 7 Nays - 0
At this time Carleen Rhodes, new President of the Minnesota Children's Museum, appeared and
said a few words about herself and the Children's Museum.
June 2, 1999 City Council Summary Minutes Page 6
18. Resolution - 99-467 - Approving the 1999 Fifth Cycle Cultural STAR Projects.
Councilmember Lantry noted that a memo had been distributed with revisions to the
recommended STAR projects whereby some projects were eliminated in order to fund
others.
Councilmember Coleman said he agreed with some of the proposed amendments but that
he had concerns with others. He suggested that the organizations be allowed to present
their viewpoint.
Councilmember Blakey spoke in support of the amendments and said he felt discussion
should be amongst the Council only.
Councilmember Harris also spoke in support of the amendments.
Councilmember Reiter moved approval.
Adopted as amended Yeas - 6 Nays - 1 (Coleman)
FOR DISCUSSION
25. 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
May 26)
Bob Kessler, Office of License, Inspections and Environmental Protection, appeared and
stated that the owner has agreed to the conditions.
Councilmember Reiter moved approval.
Adopted Yeas - 7 Nays - 0
26. Resolution - 99-425 - Making certain determinations and findings necessary for acquisition
of a parcel at the northeast corner of Pelham Boulevard and Myrtle Avenue. (Amended and
laid over from May 26)
Councilmember Benanav stated that the parties were given an extra week to negotiate and an
agreement was not reached. The tenants have said that if they cannot be assured of parking,
they will look elsewhere and sign a lease outside of the City of Saint Paul. He noted that this
June 2, 1999 City Council Summary Minutes Page 7
will involve condemning a piece of unused, undeveloped property in the hopes that it will
create 60 jobs immediately and up to 200 within 18 months.
Councilmember Benanav moved approval.
Adopted Yeas - 7 Nays - 0
27. Report from the Division of Parks and Recreation on the Initial Lease Term and any
Extended Lease Terms regarding the Saint Paul Yacht Club's performance on the specific
provisions contained in Lease Agreement paragraphs 7.1.4, 7.1.5, 7.2.3, 7.2.20, and 7.2.21.
(Requested by the Council on April 7, 1999, C.F. 99-306)
Councilmember Coleman moved to lay over one week at the request of staff.
Laid over to June 9 Yeas - 7 Nays - 0
28. Report from the Director of the Department of Planning and Economic Development on
recommendations for developing an annual competitive process for awarding the City's
allocation of Federal Low Income Housing Tax Credits and the STAR Board Review
Process. (Requested by the Council on April 21, 1999, C.F. 99-360)
Councilmember Harris moved to lay over one week at the request of staff.
Laid over to June 9 Yeas - 7 Nays - 0
ORDINANCES
29. 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. (Laid over from May 19 for final adoption)
Bob Kessler, Office of License, Inspections and Environmental Protection, requested this
item be withdrawn as it is not necessary to increase the fees at this time.
Councilmember Benanav moved withdrawal.
Withdrawn Yeas - 7 Nays - 0
30. Final Adoption - 99-383 - An ordinance designating the Coney Island Buildings as a
Heritage Preservation Site. (Substitute introduced on May 26)
Councilmember Coleman moved approval.
June 2, 1999 City Council Summary Minutes Page 8
Councilmember Blakey questioned if approval of the ordinance could be tied to a
requirement that the owners of the Coney Island restaurant be required to re-open by a
specific time. Phil Byrne, Assistant City Attorney, responded that the ordinance is clear
that the Council is not required to make a designation even if all the criteria is me, but
added that he would have to investigate the question raised by Blakey regarding a condition
being imposed.
Louis Arvanitis, owner of the Coney Island buildings, appeared and assured the Council
that the bar should be open within six months and the restaurant soon after.
Adopted Yeas - 7 Nays - 0
31. Final Adoption - 99-384 - An ordinance designating the Seventh Place Buildings as a
Heritage Preservation Site. (Substitute introduced on May 26)
Councilmember Lantry moved to not designate the Seventh Place Buildings.
Councilmember Benanav stated that he was told by the Director of Corporate
Communications at St. Paul Companies on this date that they were not interested in the
Seventh Place property and even if the Council did not designate the buildings as historic,
they still would not re-enter the process. They have reconfigured their space and do not
need the expansion space. Benanav said he did not feel this was an issue of jobs vs.
historic designation; that the two are not mutually exclusive. By not designating, and
perhaps seeing the buildings come down before steps are taken to save them, history and
heritage would be lost and it is important for the City of St. Paul to recognize its past, he
said.
By law, the Heritage Preservation Commission (HPC) is required to consider certain
criteria for historic designation, Councilmember Benanav said, and that's what they have
done. He said the Council should act on the HPC's recommendations based on the criteria
that they believe have been met in this case. The Planning Commission's recommendation
does not address the question of historical significance. Therefore, based on the fact that
the HPC has indicated that they are historically significant and the Planning Commission
has not disputed that, he said he felt the Council has no choice but to designate. Further,
the City's Downtown Framework report calls for the rehabilitation of Seventh Place.
Councilmember Coleman also stated that St. Paul Companies is not interested in
developing on this block. The debate needs to be dealt with in terms of what is known at
this time, Coleman said. Specifically, that this building is one of the most historically
significantly buildings left in the City of St. Paul. Decisions such as this are made in spite
June 2, 1999 City Council Summary Minutes Page 9
of the fact that they're hard because in the long run the value that is presented to the City
of Saint Paul is far greater than anything that can replace it, Coleman said. The only thing
that designation does is says that the decision about the fate of that block will be made by
the Council after public discussion about what's in the best interest of St. Paul. It does not
say that it can't be developed it or change the facade. It's only a recognition that these
buildings are so significant that the public discussion should be held by the elected officials
which is the City Council. Coleman questioned why the Council would want to send that
authority to anyone but themselves when it's their job.
Councilmember Harris spoke against historic designation saying he would like to see the
St. Paul Companies expand and he does not want to see development obstructed. He noted
that St.Paul Companies did make an offer on the building at one time. There may not be
an interest at this time, he said, but he did not want to preclude that from happening
sometime in the future. The building is for sale, Harris said, and he welcomes any
development. There is a need to balance what the competing needs are in St. Paul. For
the Council to make a decision on a building that the City does not own and is for sale, at
this point would be premature and it would preclude what potential does exist for that site.
Councilmember Blakey spoke against historic designation of the buildings. He questioned
why the rush to do historic designation now when all of the buildings in question have been
available to be designated for years. It does not seem like the progressive, forward kind of
thinking that the Council needs to do, he said. He further said he feels there is a
misconception that if they are not designated, the buildings will be demolished immediately
which is not the case. If they are designated historic, it will make it more difficult for
someone who wants to renovate them as it will be more rigorous and costly to buy them.
Blakey further stated that a work plan needs to be laid out for the HPC and the City to look
at a number of buildings in the City in a proactive way and make a decision on those that
should be designated historic. If St. Paul Companies does expand on this site, the Council
should go on record that they will make sure that there will be comparable housing in the
downtown area, Blakey said.
Councilmember Reiter concurred with Blakey on the housing issue and said it comes down
to what was stated by Rev. Battle at the previous week's meeting about the ripple effect
3,000 jobs would have on the entire City.
Councilmember Coleman moved to table the ordinance indefinitely.
Yeas - 2 Nays - 5 (Blakey, Bostrom, Harris, Lantry, Reiter)
Councilmember Harris moved approval.
Failed Yeas - 2 Nays - 5 (Blakey, Bostrom, Harris, Lantry, Reiter)
June 2, 1999 City Council Summary Minutes Page 10
32. Final Adoption - 99-395 - An ordinance to establish a distance limitation between
establishments licensed to sell 3.2 percent malt liquor at off-sale. (Substitute introduced on
May 26)
Bob Kessler, Office of License, Inspections and Environmental Protection (LIEP), said it is
the opinion of LIEP that this ordinance is not needed.
Councilmember Blakey said his concern was that there are was a convenience store that
wanted to have a 3.2 license and the neighborhood was opposed to it. Then another store in
the ward wanted the same thing and it appears that there is starting to be a pattern of the
small convenience stores starting to seel 3.2 malt liquor. He feels there already is an ample
supply of stores selling 3.2 liquor. Blakey said his goal was to establish at least a one-half
radius between the establishments.
Councilmember Harris questioned if the licenses would be grandfathered in if the
establishment changes ownership. Mr. Kessler responded that it was his understanding that
in the case of corporate ownership or corporate structure, the license would continue but if
they were sold, another license would not be issued if they were within one-half mile of
another establishment.
Councilmember Harris suggested that Councilmember Blakey and Mr. Kessler work together
to clarify the language.
Councilmember Blakey moved to lay over one week.
Laid over to June 9 Yeas - 7 Nays - 0
33. Final Adoption - 99-416 - An ordinance finalizing City Council action approving the
application of Michael Nadeau to rezone property at 377 West Maryland Avenue from B-3
to R-4 to reflect current use of the property. (Public hearing held January 27, 1999)
Councilmember Reiter moved to lay over one week.
Laid over to June 9 Yeas - 7 Nays - 0
34. Final Adoption - 99-417 - An ordinance finalizing City Council action approving the
application of Cayuga Street, LLC to rezone property at 199/201 Cayuga Street from RT-1
to I-1 to allow development of surface parking. (Public hearing held January 27, 1999)
Councilmember Reiter moved approval.
Adopted Yeas - 7 Nays - 0
June 2, 1999 City Council Summary Minutes Page 11
35. First 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."
Laid over to June 9 for second reading
Suspension Items
Councilmember Harris moved for suspension of the rules and approval of the following
resolution:
Resolution - 99-481 - Recognizing Mike Eggum, upon his resignation from the Department
of Public Works, for his many years of dedication and service to the City of Saint Paul and
declaring May 28, 1999, as Mike Eggum Day.
Adopted Yeas - 7 Nays - 0
Councilmember Reiter moved for suspension of the rules and approval of the following
resolution:
Resolution - 99-482 - Recognizing Dennis Larson upon his retirement as a U.S. Postal
Worker for 38 years and his many years of dedicated service delivering mail in the Como
Park neighborhood.
Adopted Yeas - 7 Nays - 0
The meeting was recessed from 4:45 - 5:30 p.m.
Roll call: Present - 5 Absent - 1 (Coleman - excused; Harris - arrived after roll call)
PUBLIC HEARINGS
36. Resolution Ratifying Assessment - 99-475 - In the matter of installation of storm sewer
connections, as requested by the property owners, in conjunction with improving Lexington
Parkway. (File #18674-SSC)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and
approval.
Adopted Yeas - 5 Nays - 0 (Coleman and Harris not present for vote)
(Harris arrived)
June 2, 1999 City Council Summary Minutes Page 12
37. Resolution Ratifying Assessment - 99-476 - In the matter of sidewalk reconstruction on Webster,
Fairmount, Osceola, Hartford, East Hawthorne, Euclid, Blair, Arbor, Edgcumbe, James, Sumner,
North Hamline, West Nebraska, and Laurel. (File #S97003, S97043, S97045, S97048, S97063,
S97073, S97080-S97082, S97084-S97087, S97101)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0 (Coleman not present for vote)
38. Final Order - 99-477 - In the matter of sidewalk reconstruction in Wards 1 and 2.
(File #S99029-S99037)
No one appeared in opposition; Councilmember Blakey moved to lay over S99032 and S99036 to
June 23.
Nancy Anderson noted a correction to S99037 to read "south side of Superior Street from Erie
Street to Duke Street."
Jerry Tvedt, Department of Public Works, requested that S99031 be laid over one week.
No one appeared in opposition; Councilmember Blakey moved approval as amended.
Adopted as amended Yeas - 6 Nays - 0
(S99031 - Both sides of North Griggs St. from Selby Ave. to Dayton Ave. - Laid over to June 9;
S99032 - North side of Portland Ave. from North Oxford St. to North Chatsworth St. - Laid over
to June 23;
S99036 - South side of Portland Ave. from North Oxford St. to North Chatsworth St. - laid over
to June 23)
39. Final Order - 99-478 - In the matter of sidewalk reconstruction in Wards 3 and 4.
(File #S99038-599049)
Councilmember Harris moved to amend S99038 to read "at 1766 Bayard only."
No one appeared in opposition; Councilmember Harris moved to close the public hearing and
approval as amended.
Adopted as amended Yeas - 6 Nays - 0
40. Final Order - 99-479 - In the matter of sidewalk reconstruction in Wards 5 and 7.
(File #S99050-S99054)
Craig Reinhart, representing the homeowner of 84 East Geranium appeared and talked about the
sidewalk being erupted due to a tree that was planted. Jerry Tvedt suggested that address be laid
over one week in order for staff to look at the property.
Councilmember Reiter moved to close the public hearing and approval as amended.
Adopted as amended Yeas - 6 Nays - 0
June 2, 1999 City Council Summary Minutes Page 13
(S99050 - Both sides of East Geranium Avenue from Abell Street to Jackson Street - Laid over to
June 9)
Councilmember Lantry moved to adjourn the meeting.
Ai
J URNED AT 5:43 P.M.
TtlItt
Daniel Ostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderso \L\ \ c\q tl
Assistant Council Secretary
mce