Approved Minutes 4-7-1999 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, April 7, 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 by Council President Bostrom at 3:30 p.m.
Present - 6 - Benanav, Blakey, Bostrom, Coleman, Lantry, Reiter
Absent - 1 - Harris (excused)
CONSENT AGENDA (Items 1- 25)
Councilmember Blakey requested Items 14 and 15 be removed for discussion.
Councilmember Coleman moved approval of the consent agenda as amended. Yeas - 6 Nays- 0
FOR ACTION
1. Approval of minutes of February 3, 10, and 17, 1999.
Adopted Yeas - 6 Nays - 0
2. Claims of Bobbie Barbosa, Jeremy Brantungham, James Bukowski, Patrick Carlone, Eileen Ellis,
Gorman Surveying, Inc., Tduardo Head, Eric Mickelson, James Nicklas, Timothy Perry, Kenneth
Preiner, Lillian Reed, Daniel Slinde, and Tappe Construction Co.
Referred to the Employee/Risk Management Office
3. Notices of Appeal of Commissioners' Award Parcel 2, Metropolitan Building, and Notice of
Withdrawal of Counsel in the matter of the Port Authority of the City of Saint Paul vs.
D.S.P.O.T.,LLC, et al.
Referred to the City Attorney's Office
4. Letters from the Citizen Service Office/Property Code Enforcement declaring 711 Sherburne
Avenue, and 659 Van Buren Avenue as "nuisance properties," and setting date of Legislative
Hearings for April 6, 1999 and City Council Hearings for April 14, 1999.
5. Letters from the Citizen Service Office/Property Code Enforcement declaring 1130 Abell Street,
and 759 Pierce Butler Route as "nuisance properties." (For notification purposes only; public
hearings will be scheduled at a later date if necessary.)
April 7, 1999 City Council Summary Minutes Page 2
6. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law
Judge on April 27, 1999, at 9:30 a.m., Room 41, City Hall/Courthouse, in the matter of the 3.2
malt off-sale license application of Abdulhadi K. Abrahim, dba Mona's, 920 Selby Avenue.
7. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law
Judge on May 4, 1999 at 9:30 a.m., Room 41, City Hall/Courthouse in the matter of all licenses
held by James Bailey, Inc., dba Arlington Pub, aka Bailey's Bar, 721 Payne Avenue.
8. Administrative Orders:
D001666 Authorization for the Office of Human Resources to reimburse various vendors for
costs incurred in conducting employee relations and recognition programs in 1999.
D001667 Authorizing payment by the Office of Citizen Service in the amount of$539.88 for
promotions and events for Black History Month in February, 1999.
D001668 Authorizing the Department of Fire and Safety Services to pay $150.00 for a
substitute teacher to replace a teacher at Holy Spirit School who will attend a Risk
Watch training workshop.
D001669 Authorizing a Police Department staff member (non-city employee) to attend the
School Based Partnership Technical Assistance Workshop in Chicago on April 17-20,
1999, sponsored by COPS, U.S. Department of Justice.
D001670 Revising the 1998 budget for the Library Aids and Grants Fund for the Department of
Libraries.
D001671 Transferring budgeted amounts between activities to balance the budgetary control
levels of the Police Department's 1998 Special Revenue Fund 436.
D001672 Budget revision to cover 1998 year-end variances in the Office of LIEP.
D001673 Transferring budget money to provide sufficient funding at the budgetary control
levels of the Police Department's 1998 General Fund Budget 001.
D001674 Adjusting the 1998 year-end General Fund Activities in the Department of Fire and
Safety Services.
D001675 Transferring spending authority to proper budget codes for 1998 in the budget of the
Office of Human Rights.
D001676 Transferring year-end dollars into appropriate spending codes to accurately reflect
spending in the Office of Human Resources.
D001677 Transferring spending authority to proper budget codes for the 1998 budget of the
Mayor's Office.
D001678 Budget revision to cover 1998 year-end variances in the Office of Financial Services.
D001679 Budget revision in the City Council Offices to cover 1998 year-end variances in fringe
benefits.
D001680 Budget revision in the Office of Technology and Management Services to cover 1998
year-end variances.
D001681 Budget revision in the City Attorney's Office to cover 1998 year-end variances in
fringe benefits.
D001682 Budget revision in the Affirmative Action Office to cover 1998 year-end variances in
fringe benefits.
D001683 Budget revision in the Citizen Services Office/Property Code Enforcement to cover
1998 year-end variances.
April 7, 1999 City Council Summary Minutes Page 3
D001684 Budget revision in the General Government Account to cover 1998 year-end
variances.
D001685 1998 budget revision in the Housing Information Office.
D001686 Budget revision in the Citizen Services Office to cover 1998 year-end variances.
D001687 Transferring budget money to provide sufficient funding at the budgetary control level
of the Division of Parks and Recreation's 1998 General Fund Budget 001.
D001688 Amending the 1998 budget of the Special Fund for the Office of LIEP.
Referred to the City Clerk's Office
9. Resolution - 99-286 - Approving the 1999-2000 Labor Agreement between the City of Saint Paul
and the International Union of Operating Engineers Local 70. (To be laid over one week for
adoption)
Laid over to April 14 for adoption Yeas - 6 Nays - 0
10. Resolution - 99-287 - Request of the Office of License, Inspections and Environmental Protection
for authorization to execute a contract and copyright agreement with the University of Minnesota
Press to publish a book on the Architecture of St. Paul developed by the Heritage Preservation
Commission.
Adopted Yeas - 6 Nays - 0
11. Resolution - 99-288 - Amending prior and current year budgets for the Citywide Capital
Maintenance Program.
Adopted Yeas - 6 Nays - 0
12. Resolution - 99-289 - Authorizing the Division of Parks and Recreation to accept a donation of
$400.00 from Capital City Branch 8019 of Lutheran Brotherhood and St. Mark Lutheran Church
to help purchase new equipment for reconstruction of the play area at Dousman Park and to set up
a 1999 spending plan for this project.
Adopted Yeas - 6 Nays - 0
13. Resolution - 99-290 - Authorizing the proper City officials to sign an agreement with the Water
Utility for the purchase and operation of an Automated Dispatch Locating System.
Adopted Yeas - 6 Nays - 0
14. (Discussed after the consent agenda)
15. (Discussed after the consent agenda)
16. Resolution - 99-293 - Authorizing the Department of Fire and Safety Services to enter into an
agreement with the Edina Fire Department.
Adopted Yeas - 6 Nays - 0
17. Resolution - 99-294 - Authorizing the Department of Fire and Safety Services to enter into an
agreement with the Lower St. Croix Valley Fire Department.
Adopted Yeas - 6 Nays - 0
April 7, 1999 City Council Summary Minutes Page 4
18. Resolution - 99-295 - Authorizing the Police Department to accept a grant in the amount of
$34,709.00, with the Saint Paul Public Schools, for Demonstration Programs to Reduce the
Incidence of Illegal Passing of School Buses.
Adopted Yeas - 6 Nays - 0
19. Resolution - 99-296 - Authorizing the Police Department to accept a grant in the amount of
$27,960.00 from the Minnesota Auto Theft Prevention Program.
Adopted Yeas - 6 Nays - 0
20. Resolution - 99-297 - Authorizing the Police Department to accept a contribution in the amount of
$500.00 from the Hubert H. Humphrey Job Corps students to assist with the anti-graffiti work of
the Saint Paul Police Graffiti, Inc. program.
Adopted Yeas - 6 Nays - 0
21. Resolution - 99-298 - Authorizing the Police Department to continue to participate in the East
Metro Coordinated Narcotics Taskforce grant partnership with Dakota County through the Office
of Drug Policy.
Adopted Yeas - 6 Nays - 0
22. Resolution - 99-299 - Authorizing the purchase of land for the Jimmy Lee Recreation Center
Acquisition and Redevelopment Project.
Adopted Yeas - 6 Nays - 0
23. Resolution - 99-300 - Approving the purchase of the Pig's Eye Yard, 164.5 acres of vacant land,
lying north of Pig's Eye Lake.
Adopted Yeas - 6 Nays - 0
24. Resolution Approving Assessment - 99-301 - In the matter of installation of storm sewer
connections, as requested by the property owners, in conjunction with improving Lexington
Parkway, and setting date of public hearing for June 2, 1999. (File #18674-SSC)
Adopted Yeas - 6 Nays - 0
25. Resolution Approving Assessment - 99-302 - 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, and setting date of public hearing for June 2, 1999.
(File #S97003, S97043, S97045, S97048, S97063, S97073, S97080-S97082, S97084-597087,
S97101)
Adopted Yeas - 6 Nays - 0
April 7, 1999 City Council Summary Minutes Page 5
14. Resolution - 99-291 - Authorizing the City to submit Saint Paul's 1999 Consolidated Plan - One
Year Update to the U.S. Department of Housing & Urban Development which includes
Community Development Block Grant, HOME Investment Partnership Program, and the
Emergency Shelter Grant Program.
Councilmember Blakey said he was concerned about some of the policies that the City is trying to
set with housing in the City. In looking at the issue of demographics and where the CDBG money
is coming from, it's really on the backs of low-income people, he said. With the housing plan
being vetoed by Mayor Coleman, Blakey said he was concerned about the message being sent.
Councilmember Blakey moved to lay over one week in order to have more time to plan where the
City is going with this issue. The money is received based on the demographics of low-income
people but he said the message he feels he's getting is that the City does not want to use the money
for low-income people.
Laid over to April 14 Yeas - 6 Nays - 0
15. 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)
Councilmember Blakey said the Midway-Hamline Coalition would like to do more work in the
neighborhood on this issue.
Councilmember Blakey moved to lay over to May 5.
Laid over to May 5 Yeas - 6 Nays - 0
FOR DISCUSSION
26. Resolution - 99-303 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 891 Carroll Avenue. (Laid over from March 24)
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
27. Resolution - 99-304 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 807 Hampden Avenue. (Laid over from March 24)
Gerry Strathman, Legislative Hearing Officer, reported that this matter was heard at the
Legislative Hearing on March 16, 1999. The issue is that the Fire Marshall has notified the
owners of this property that the sprinkler system that is currently in place is not sufficient for the
type of storage that the Fire Marshall has observed in use. The property owner contended that the
sprinkler system was adequate when installed in 1990 and that the usage of the facility has not
materially changed. The Fire Marshall believes that the usage of the facility has materially
changed.
April 7, 1999 City Council Summary Minutes Page 6
Mr. Strathman said it was his recommendation to approve the findings of the Fire Marshall and
deny the appeal.
Steve Zaccard, Fire Marshall, Department of Fire and Safety Services, stated in 1990 when this
sprinkler system was designed and installed, it was to protect an ordinary combustible warehouse.
Over a period of years when it was being inspected, it was found to be a "high piled" storage
configuration. If the storage of material is over 12 feet or if there are idle pallets over 6 feet, it is
considered "high piled" storage and is a greater hazard and a stronger sprinkler design is required.
Periodically over the years, the owners and tenants have been asked to reduce the pile height
below high piled storage levels. It is clear that they need to use this building in a high piled
storage configuration which poses a greater risk of fire than what the original fire system was
designed for. The owners are being asked to improve the design of the sprinkler system to protect
the greater hazard of the use.
Councilmember Benanav moved to deny the appeal. He noted that there is a second appeal level
where it can be appealed to the State Fire Marshall.
Adopted Yeas - 6 Nays - 0
28. Resolution - 99-258 - Adopting the Saint Paul/Ramsey County Five-Year Housing and Homeless
Services Report and Plan. (Laid over from March 24)
Ron Elwood, Staff to City-County Oversight Committee and report author.
Jim Anderson, Low Income and Homeless Planner for Ramsey County Human Services, appeared
to speak about the Five-Year Housing and Homeless Services Plan document and asked for the
Council's consideration of the document. He noted that the Plan is intended to provide a
framework for the long-term provision of services for homeless people in Ramsey County and to
lay out a framework for the development of particular kinds of low-income housing needs
particularly within the homeless community. Mr. Anderson said there are several reasons why
this is a very important document and why it is an import time for it to be considered. There is a
severe shortage of affordable housing. There is a situation now where, based on Metropolitan
Council statistics, 63% of all jobs in the metro area pay less than $30,000 a year which makes it
very difficult for people to find safe, affordable housing.
Mr. Anderson noted that consideration of this resolution comes two weeks after the McKnight
Foundation awarded the largest gift to a single source in its history; specifically, because there is
such a crisis at this point. Twenty-three million dollars will go to the Family Housing Fund for the
express purpose of constructing and rehabilitating more affordable low-income housing.
The intent of the plan is to lay out some specifics in terms of the need for permanent, supportive
housing, transitional housing, and some youth shelter needs. The majority of the plan, however,
is talking about establishing a framework and a set of priorities that can be used as resources are
developed so that the duplication that currently exists can be avoided. There currently are well
over 25 different funding sources and programs for homeless services. Most of them operate in a
vacuum and most of them do not communicate with one another. One of the key
recommendations in the plan is the creation of a funding council which will be established to
April 7, 1999 City Council Summary Minutes Page 7
funnel the various funding sources through a common channel so that the money can be allocated
in a non-duplicative manner to the priorities as established in the plan.
The welfare reform program that is currently in place is requiring that welfare recipients go to
work. Mr. Anderson said what they are hearing increasingly from their employment service
providers working with the Minnesota Family Investment Program Families and Caretakers is that
the lack of stable housing is a major barrier to stability in the workforce.
Mr. Anderson noted that it is one thing to say that people will be moved into jobs, but they will
initially be moving into jobs that do afford housing at current rates. It is critically important that
there is a plan in mind for what's going to happen with these people.
Council President Bostrom asked Mr. Anderson what position the Ramsey County Board took on
the plan. Mr. Anderson responded that the County asked to have more extensive discussion on the
issue and time was scheduled for April 13, 1999, for that discussion.
Councilmember Coleman said he is concerned that the Ramsey County Board has not approved the
plan as it was put together jointly between the City and the County. He suggested the Council
take some leadership and if they support and pass it at this time, the County Board may be more
inclined to do the same. Coleman said he felt it was absolutely critical that this plan become a
part of the record of the City and the County.
Councilmember Coleman moved approval.
Adopted Yeas - 4 Nays - 2 (Bostrom, Reiter)
29. Report from the Planning Commission on the Saint Anthony Park Special Sign District Plan. (Laid
over from March 24)
No action required
30. Discussion on the proposal by the St. Anthony Park Community Council for a Special Sign
District. (Laid over from March 24)
No action required
31. Resolution - 99-305 - Adopting the Saint Anthony Park Special District Sign Plan.
Councilmember Benanav moved approval.
Adopted Yeas - 5 Nays - 1 (Reiter)
32. Resolution - 99-284 - Approving a housing program for new, permanently affordable rental and
owner-occupied housing for full-time workers and their families. (Amended and laid over from
March 24)
Councilmember Benanav moved to lay over one week.
Laid over to April 14 Yeas - 6 Nays - 0
April 7, 1999 City Council Summary Minutes Page 8
33. Resolution - 99-306 - Execution of a new lease agreement with the City of Saint Paul and the Saint
Paul Yacht Club. (Amended since February 24)
Vic Wittgenstein, Interim Director, Division of Parks and Recreation, appeared. He stated that
further negotiations, led by staff from the City Attorney's Office and the St. Paul Yacht Club,
have taken place since this issue was last discussed by the Council. The changes are satisfactory
with the Yacht Club, the Division of Parks, and Councilmember Coleman. It is a stronger
agreement than the original one.
Councilmember Coleman pointed out that the primary change is contained in Item 2.2 regarding
the renewal options. It provides that the agreement will be renewed at the end of the expiration of
the initial term unless the Council has evidence, through some sort of resolution, of an intent to do
something fundamentally different with Harriet Island that would change the uses.
Phil Byrne, Assistant City Attorney, added that another change is that the lease could not be
renewed if there was a breech situation involved or a history of failure to comply. There were
two other housekeeping changes but the major ones are in the term of the lease and the terms and
conditions under which it can be extended.
Councilmember Coleman moved approval.
Adopted Yeas 6 Nays - 0
34. Resolution - 99-307 - Accepting the winning proposal and awarding the bid for the $16,375,000
G.O. Capital Improvement Bonds Series 1999B.
Shirley Davis, City Treasurer, appeared and said that on this date bids were taken for the City's
bonds identified in Items 34 and 35. The interest rates the City received of 4.1% on the CIBs and
4.6% on the Streets were the lowest received since 1968. This is very reflective of the City's
health and the financial integrity the City has established in the marketplace. The City's credit
rating was upgraded the previous week from a negative to a stable outlook by Standard and Poors,
and Moody's reaffirmed the City's AA rating. The marketplace has accepted the City's bonds
with bids that are almost 100 basis points less than the market is commanding. All of this
indicates a very strong financial outlook for the City, Ms. Davis said.
The winning bidder on both of the issues was Prudential Securities.
Ms. Davis presented amended versions of the bond sale resolutions indicating the winning bid
name and the interest rates.
Councilmember Blakey moved approval as amended.
Adopted as amended Yeas - 6 Nays - 0
April 7, 1999 City Council Summary Minutes Page 9
35. Resolution - 99-308 - Accepting the winning proposal and awarding the bid for the $3,730,000
G.O. Street Improvement Special Assessment Bonds Series 1999C.
(see discussion under Item 34)
Councilmember Blakey moved approval as amended.
Adopted as amended Yeas - 6 Nays - 0
36. Update by Chief Fuller, Department of Fire and Safety Services, on the Performance Audit of
Fire Operations. (Laid over from March 24)
Fire Chief Fuller appeared and discussed information that was previously distributed to
Councilmembers regarding the performance audit progress of the Fire Department. Regarding the
Strategic Planning Process, a recommendation was made by Council Research staff that a full-time
planner could be hired to assist the department with strategic planning. Instead of doing that, staff
met in June, 1998, with the Labor-Management group and developed the department's vision and
value statement. From that statement, a template, a goal and mapping for the future, was
developed. A consultant was hired for one year to help guide the department through the process
of strategic planning. It was felt the department could perform the strategic planning and that they
did not want it to be a one-time process but a continuing process.
Chief Fuller said they wanted the opportunity to plan for the future and they had some major
issues that would take them over the next several years. The strategic planning committee became
an extension of the Labor-Management Committee partnership. It is a steering group that will be
used for framing, guiding, and keeping strategic planning on track. A meeting was held with the
strategic planning group; they are on the way to developing plans and have identified critical
issues.
One of the groups is the EMS Committee. They will be looking at issues of privatization,
appropriate response, systems misuse, morale, innovations, training issues, safety issues, and
communications.
Another issue was in training and development. The performance audit pointed out that there was
a need for expanded training in development of staff. Councilmember Coleman brought up the
issue of how Fire Department personnel deal with conflict and how they deal with small issues so
they don't become bigger issues. They worked with the City's Risk Management Office and the
Human Resources Offices and Ceridian Corporation to develop a department-wide conflict
resolution training course.
Chief Fuller reported that three stars were given to the department in customer focus and their
goal is to get four stars in that area. The department sent out surveys to customers for the EMS
and fire service. In fire service delivery in 1998, they received an overall rating from the public
of 5.2 out of a possible 6 points. In EMS delivery, they have a rating of 5.1 out of a possible 6
points. They have incorporated customer service into their promotional testing process. One of
the resources they use is a customer service book focusing on fire service and EMS service.
April 7, 1999 City Council Summary Minutes Page 10
Chief Fuller said he wants to assure everyone that even during the performance audit, the City of
Saint Paul has the best fire and EMS service in the country.
37. Presentation by Vince Gillespie, Division of Parks and Recreation, on a Completed Work Plan
addressing the recommendations in the Performance Audit. (Continued from March 3)
(Coleman left and returned during the presentation)
Mr. Gillespie reviewed the Work Plan. The leadership theme at the division-wide level involved
talking about the organization review which is presently being done and setting up the workplan
for the division including the goals and objectives for the next two years and to prepare for the
new superintendent of Parks and Recreation.
Restructuring Division Contents - one division conference was held in March and they have started
restructuring. Response from staff was fairly positive and they will fine tune that approach for the
next conference.
Recreation Services Section - the level will continue with an on-going organizational training plan
with staff and they will report back in six months on the steps that have been taken.
Maintenance Issue - in the format of the workplan, Mr. Gillespie said they talk about periods from
March through August and September through March, etc. The first period is critical for the
maintenance side and they are trying to do it in conjunction with planning for the year 2000
budget so if they have some critical needs, they can have justification for saying it should be
looked at because there are field priorities and there are maintenance staff level issues.
Evaluation (Surveying Users and Non-Users) - Council Research staff indicated they would be
willing to work with Parks and Recreation to develop a good model in doing the citizen user/non-
user survey. Council Research talked about making this an on-going survey of all City services.
Evaluate the City Fee - the rec centers will include neighborhood groups and the Police
Department is doing the evaluation.
Evaluation of Neighborhoods in Transition - this is another critical evaluation step that has to be
completed and Council Research said they would assist with this.
Fee Policy - at one time, Parks was talking about putting together a plan for a fee policy program.
After consultation with Council Research, they felt it might be more prudent to examine the issue
more thoroughly rather than jumping into a plan. Council Research offered their support.
Parks is also concerned that they are at the end of the budget process to some extent, and they
know that the division as a whole has been targeted as implementing the performance activity
program with the Budget Office.
April 7, 1999 City Council Summary Minutes Page 11
ADA Issues - there are costs with Parks' program associated with ADA funding and a plan and
cost item will be put together relative to the budget process.
Gerry Strathman, Council Research Director, reported that the meetings held with Mr. Gillespie
have been very successful and positive and he feels the plan that has been presented is an excellent
beginning.
Councilmember Lantry suggested that Mr. Gillespie consider meeting with Chief Fuller as he had
some of the same concerns.
An update will be presented on October 6, 1999.
ORDINANCES
38. Second Reading - 99-272 - An ordinance requiring the inspection and registration of certain rental
units in one and two family dwellings.
Laid over to April 14 for third reading/public hearing
39. Second Reading - 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 to April 14 for third reading/public hearing
Suspension Items
Councilmember Coleman moved for suspension of the rules and approval of the following resolution:
Resolution - 99-317 - Approving submission of a grant application by the Department of Planning
and Economic Development/Southwest Team to the Department of Trade and Economic
Development on behalf of the Brewery Neighborhood Project.
Adopted Yeas - 6 Nays - 0
Councilmember Coleman moved for suspension of the rules and approval of the following resolution:
Resolution - 99-318 - Authorizing the Department of Public Works to apply for a Minnesota
Department of Natural Resources Environmental Partnership grant.
Adopted Yeas - 6 Nays - 0
Councilmember Blakey moved for suspension of the rules to introduce the following ordinance Yeas - 6
Nays - 0
First Reading - 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. (Public hearing
held April 7, 1999)
Laid over to April 14 for second reading
April 7, 1999 City Council Summary Minutes Page 12
The meeting was recessed from 4:25 - 5:30 p.m.
Roll Call: Present - 5 Absent - 2 (Coleman, arrived later in the meeting; Harris, excused)
PUBLIC HEARINGS
40. Third Reading - 99-227 - An ordinance amending Saint Paul Legislative Code Chapter 33 to
remain consistent with the 1997 Uniform Building Code.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing.
Yeas - 5 Nays - 0
Laid over to April 14 for final adoption
41. Third Reading - 99-228 - An ordinance amending Saint Paul Legislative Code Chapter 34 to
accurately reflect certain structural requirements. (Note: No public hearing will be held as this
ordinance will be withdrawn)
Robert Kessler, Director of the Office of License, Inspections, and Environmental Protection
appeared and stated that this ordinance was no longer needed and he requested that it be
withdrawn.
Councilmember Benanav moved to withdraw
Withdrawn Yeas - 5 Nays - 0 (Coleman not present for vote)
42. Third Reading - 99-229 - An ordinance amending Saint Paul Legislative Code Chapter 200;
including animal facilities to act as deputy license vendors for dog licensing in response to a
proposed change in the title of Chapter 347.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing.
Yeas - 5 Nays - 0
Laid over to April 14 for final adoption
(Coleman arrived)
43. Third Reading - 99-230 - An ordinance amending Saint Paul Legislative Code Chapter 347 by
adding "Animal Facility" to the chapter title.
No one appeared in opposition; Councilmember Benanav moved to close the public hearing.
Yeas - 6 Nays - 0
Laid over to April 14 for final adoption
44. Third Reading - 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.
Robert Kessler, Director of the Office of License, Inspections, and Environmental Protection
April 7, 1999 City Council Summary Minutes Page 13
(LIEP), appeared and said that staff has worked closely with the City of Minneapolis and the
Airport on a training program for taxicab drivers. This proposal is not intended to imply that
there are taxicab drivers in St. Paul who are not courteous or knowledgeable. However, it has
been increasingly found over the last several years that it is more difficult to get good new taxicab
drivers. This training course is intended to provide training to the new hires and give them
experience in courtesy and to help them become ambassadors for the City and work with the
Convention and Visitors' Bureau so they know what's going on in the City and how to get people
to and from events.
Ray Sammons, 1209 Westminster Street, taxicab driver and taxi dispatcher, appeared. He said he
felt there were some things that the ordinance was missing. He felt there should be a test-out
provision. There will be some people who may have good knowledge in some areas but may not
learn a lot from the test and who, while waiting for a class to be offered, would be kept out of
work. Therefore, the class needs to be made available frequently and locally. Mr. Sammons
questioned who will be paying the fees, whether it will be the driver or the City. He further stated
that the biggest problem at this time is not lack of cabs but lack of drivers. A test-out option
would mean the person would not have to wait to take a class and he felt the City should make it
possible to issue licenses provisionally with the understanding that a class would be taken within
60-90 days.
Mr. Kessler said he would work with Mr. Sammons to attempt to incorporate some of his
suggestions.
Councilmember Blakey moved to close the public hearing. Yeas - 6 Nays - 0
Laid over to April 14 for final adoption
45. Third Reading - 99-232 - An ordinance amending Saint Paul Legislative Code Chapter 381 to
conform the process for review of currency exchange license applications with other Class III
licenses.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing.
Yeas - 6 Nays - 0
Laid over to April 14 for final adoption
46. Third Reading - 99-233 - An ordinance amending Saint Paul Legislative Code Chapter 417
regarding parking lots and parking garages; citing the license fees to Chapter 310, and defining
private and government parking garages.
No one appeared in opposition.
Phil Byrne, Assistant City Attorney, presented housekeeping changes to clarify the intent of the
ordinance.
Councilmember Reiter moved to close the public hearing and adopt the proposed amendments.
Yeas - 6 Nays - 0
Amended and laid over to April 14 for final adoption
April 7, 1999 City Council Summary Minutes Page 14
47. Third Reading - 99-257 - An ordinance amending Saint Paul Legislative Code Chapter 402
pertaining to lawful gambling; maintaining the local gambling tax at two and one-half(2- 1/2)
percent in 1999 and citing the fees for charitable gambling licenses to Chapter 310.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing.
Yeas - 6 Nays - 0
Laid over to April 14 for fmal adoption
48. Resolution - 99-309 - To consider the vacation of part of Pleasant Avenue north of Otto Avenue
and west of Lexington Parkway to allow the petitioners, Michael McCoy and Donald Anderson, to
fence in and use the area once it accrues to the adjoining properties.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
49. Resolution - 99-310 - Approving a settlement agreement between the Office of LIEP and Eller
Media to suspend adverse action and determination of whether a sign should be removed because
it was not constructed in accordance with the original permit.
Phil Byrne, Assistant City Attorney, reported that there was a request from the attorney for Eller
Media to lay over the resolution one week as he was unable to be present.
Councilmember Benanav move to continue the public hearing for one week.
Laid over to April 14 for continuation of public hearing Yeas - 6 Nays - 0
50. Final Order - 99-311 - In the matter of improving Pillsbury Street from Raymond Avenue to St.
Anthony Avenue as part of the Eustis/Desnoyer Area Paving and Lighting Project. (File #18760-
A)
Scott Radke, 2319 Beverly Road, appeared in opposition. He stated in 1994 he signed a waiver
indicating that he would participate in the street improvements on Pillsbury Avenue. At that time,
the entire Desnoyer Park area was getting street improvements, lights, new curbs, etc. He
received that assessment for approximately $1,300 at about the same time the waiver was
circulated. He said he assumed the $1,300 assessment included the waiver he signed for Pillsbury
Avenue.
(The discussion was ceased in order for Mr. Radke to speak with Peter White from the Real Estate
Division and continued later in the meeting)
Councilmember Benanav moved to continue Item 50 later in the meeting. Yeas - 6 Nays - 0
(The following discussion took place after Item 58)
April 7, 1999 City Council Summary Minutes Page 15 -
Peter White, Real Estate Division, explained that this involved an add-on street (Pillsbury Street
between St. Anthony and Raymond) to the Eustis/Desnoyer Street Paving Project that was
constructed a few years ago. While the street paving project was in progress, one of the people in
the neighborhood came to the City and wanted to get Pillsbury Street improved at the same time.
This was after the project had been approved. When this happens, if all the neighbors agree to
have the work done, have it assessed, and sign a waiver to that fact, the work is then added on to
the project. The work was completed a couple years ago, Mr. White said.
(Reiter left and returned)
One of the issues Mr. Radke has, White said, is with the person who started the process with the
waiver. It was not a property owner who abuts on the street and is responsible for the cost of
doing the work The property owners in the neighborhood who were actually affected did sign the
waiver form and requested that the City do the work. Another issue is that the lots that abut both
on Beverly Road and on Pillsbury Street are deeper than normal. The policy for that type of lot
which could actually be split is to assess both sides as work is done
Peter White said the assessment is commensurate with what an alley assessment would be - $18.00
per foot for the Pillsbury Street improvement. Beverly Road and the other street paving projects
were assessed approximately $25.00 per foot. The work was done, costs were incurred, and staff
recommended that the Council approve the Order, Mr. White said.
Mr. Radke expressed great concern about the process that took place and acknowledged that he did
not fully understand the waiver he was signing. However, he said he feels this issue should be
addressed by the City and the policy should be changed.
Councilmember Benanav moved to close the public hearing. Yeas - 6 Nays - 0
Councilmember Benanav moved approval.
Adopted Yeas - 6 Nays - 0
51. Final Order - 99-312 - In the matter of improving the alley in Block 1, Pigott's Carbon Addition
by grading and paving with bituminous material (bounded by Maryland, Albermarle, Orange, and
Rice). (File #18887)
Council President Bostrom noted that staff requested that this Final Order be withdrawn.
Councilmember Lantry moved to withdraw.
Withdrawn Yeas - 6 Nays - 0
52. Final Order - 99-313 - In the matter of condemning and taking an easement in the land necessary
for the slope, cuts and fills in connection with the grading and paving of the alley in Block 1,
Pigott's Carbon Addition (bounded by Maryland, Albermarle, Orange, and Rice). (File #18887S)
Council President Bostrom noted that staff requested that this Final Order be withdrawn.
Councilmember Lantry moved to withdraw.
Withdrawn Yeas - 6 Nays - 0
April 7, 1999 City Council Summary Minutes Page 16
53. Final Order - 99-314 - In the matter of condemning and taking a permanent roadway easement to
improve the intersection of White Bear Avenue and Minnehaha Avenue. (File #18895E)
Councilmember Lantry moved to lay over one week.
Laid over to April 14 Yeas - 6 Nays - 0
54. Resolution Ratifying Assessment - 99-315 - In the matter of construction of streets with
bituminous roadway, concrete curb and gutter, concrete driveway aprons, boulevard sodding, tree
planting, construction of lantern style lighting system, water sanitary sewer and storm sewer
service connections, watermain, and all other work necessary to complete the Cohansey Park
Paving and Lighting Project. (File #18888)
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
55. Resolution Ratifying Assessment - 99-316 - In the matter of storm sewer connections installed
during 1989 to 1994. (File #18569-4, 18726, 18755, 18720-CONN)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
56. Public hearing to consider the appeal of Michelle Hotzler to a decision of the Heritage
Preservation Commission (HPC) denying approval of a building permit to construct a garage at
472 Dayton Avenue. (Laid over from February 3, 1999)
Councilmember Blakey stated this issue will be heard by the HPC on April 22.
Councilmember Blakey moved to lay over to May 5.
Laid over to May 5 Yeas - 6 Nays - 0
57. Public Hearing to consider the application by Zigmunt Kanstul to rezone property from R-4 to RT-
1 to allow for the subdivision of property at 976 Hazelwood Street. (Laid over from March 24)
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and
approval.
Motion of Intent - Application Granted Yeas - 6 Nays - 0
Phil Byrne, Assistant City Attorney, noted that the Planning Commission had recommended that
the Council not approve the rezoning at 976 Hazelwood until evidence is received that there had
• been some restrictions placed on the deed of one of the houses.
Patricia James, Department of Planning and Economic Development, appeared and reported that
the attorney for the applicant drafted a deed restriction and it has been recorded at the County,
April 7, 1999 City Council Summary Minutes Page 17
58. Public hearing to consider the appeal of the District 7 Community Council to a decision of the
Planning Commission approving a special condition use permit for Capp Industries to allow
operation of a Ryder Truck rental facility at 1061 University Avenue West (located on the north
side between Oxford Street and Lexington Parkway).
Donna Drummond, Department of Planning and Economic Development, presented a staff report.
The Zoning Committee of the Planning Commission held public hearings on January 14 and
February 4, 1999. After the second public hearing, the Zoning Committee asked the applicant to
meet with the District 7 Planning Council and discuss the outstanding issues. As a result of that
meeting there were a number of changes to the plan to improve it in terms of the neighborhood's
perspective. Following that meeting, the Zoning Committee met again and the District 7 Planning
Council decided that it would continue to oppose the application. The Zoning Committee voted 5-
2 to approve the application and the Planning Commission voted subsequently 9-5 on February 26
to approve the site condition use permit.
Ms. Drummond stated that Capp Industries owns five parcels on the north side of University
Avenue between Oxford and Lexington which is about 300 feet of frontage on University Avenue.
The site has been vacant for about five years. A site plan was submitted showing a 14,000 square
foot building on the northeast corner of the site and about 43 over-sized parking spaces that would
accommodate the rental trucks. They also showed that there would be a decorative wood fence
placed along the alley to shield residences to the north.
The Zoning Code requires four conditions for this type of application for an outdoor rental facility
and this application met all four conditions which include having a paved surface, that vehicular
access be at least 60 feet from any intersection, that no repair refinishing be done on the lot unless
it is in a completely enclosed building, and that the minimum lot area be 15,000 square feet.
There are also general conditions that special condition uses must meet and are evaluated against
related to conformance to the Comprehensive Plan. Adequate ingress and egress to minimize
traffic congestion and that the use will not be detrimental to the neighborhood. It was on these
findings that the District 7 Planning Council has disputed the Planning Commission's findings.
The Planning Commission found that the use is generally in conformance with the Comprehensive
Plan in terms of general policy supporting business development on University Avenue and ,
specifically, the Economic Development Strategy and the District 7 Plan. However, the
University Avenue Corridor Study from 1988 calls for neighborhood or community commercial
uses on this block and the Land Use Plan calls for neighborhood, commercial, and pedestrian
development on this block. The Planning Commission felt that overall this proposed use was
generally in conformance with the plan. The Planning Commission recommended nine conditions
for the permit which are detailed in the Planning Commission resolution.
Appearing in support of the appeal were:
Harold Miller, District 7 Planning Council
Michael Samuelson, District 7 Planning Council
April 7, 1999 City Council Summary Minutes Page 18
Appearing in opposition to the appeal were:
John Daubney, attorney representing Capp Industries
(Benanav left and returned during Mr. Daubney's testimony)
Joe Van Ornum, owner, Capp Industries
Councilmember Reiter asked what the hours of operation would be.
Randy, a representative of Ryder Truck Rental, responded that the hours have not been established
yet. It was noted in previous information that it would be up to 9:00 p.m. but he said it would
depend on the volume and the need. Most likely it would be earlier than 9:00 p.m., he said.
Reiter questioned how many trucks will be renter per day. Randy said it was hard to give a
definite number and that it would vary by seasons.
Councilmember Blakey moved to close the public hearing. Yeas - 6 Nays- 0
Councilmember Blakey said he has several concerns including the ingress and egress. He is
concerned about the trucks traveling on Sherburne, Charles, Edmund, Thomas, Chatsworth
especially since there are a lot of children living in this area.
Councilmember Blakey moved to grant the appeal and deny the special condition use permit.
There were errors in one or more of the findings of the Planning Commission. Those concerns
are: 1) In PED there are plans that require a higher and more intensive use of this site, including
mixed-use commercial that could even have housing. 2) A number of the conditions are not met.
Traffic congestion and the character of the neighborhood will be diminished by increased truck
traffic over residential streets. 3) There is no entrance to the lot from the north, south, or west
without traveling through a neighborhood. Travel would have be done on Sherburne, Charles,
Edmund, Thomas, or Chatsworth. Having the trucks traveling through the neighborhood to gain
access to the Ryder lot could be a big problem on University Avenue.
The proposed use is not in substantial compliance with either the St. Paul Comprehensive Plan or
the 1988 University Corridor Study, Blakey continued. The proposed use will not have adequate
ingress and egress and will force trucks to use residential streets. Truck traffic on residential
streets will endanger child daycare operations, diminish pedestrian and some neighborhood
activities, and impede normal and orderly development of the surrounding neighborhood.
The other arguments that the appellants brought forth on February 4, 1999, should also be
adopted, Blakey said.
Councilmember Reiter responded that he understood Mr. Blakey's concerns with the traffic;
however, the property has been vacant for five years and Reiter felt Capp was being treated
unfairly by not allowing the truck rental facility.
April 7, 1999 City Council Summary Minutes Page 19
Council President Bostrom said he did not see driving on residential streets as being an issue
because people can get on the site from University Avenue and he did not see where there would
be a need for trucks to be on the residential streets.
Councilmember Coleman stated he agreed with Blakey that there were errors in the findings of the
Planning Commission.
Motion of Intent - Appeal Granted Yeas - 4 Nays - 2 (Bostrom, Reiter)
Councilmember Blakey moved to adjourn the meeting. Yeas - 6 Nays - 0
ADJOURNED AT 6:50 P.M.
/1
Danie Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy And n 'Act Vc \\C\CA
Assistant Council Secretary
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