Approved Minutes 5-6-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, May 6, 1998 - 3:30-5:00 P.M.
• CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:30 p.m. by Council President Bostrom.
Present - 6 - Benanav, Blakey, Bostrom, Harris, Lantry, Reiter.
Absent - 1 - Coleman (arrived after the consent agenda)
Councilmember Harris moved approval of the Consent Agenda.
Yeas - 6 Nays - 0
CONSENT AGENDA (Item 1 - 27)
FOR ACTION
1. Approval of minutes of March 11 and 18, 1998.
Adopted Yeas - 6 Nays - 0
• 2. Claims of Evelyn Berger, Layne Carver, Colleen McGrath, and Kim Wheeler.
Referred to Employee Risk Management Division
3. Letter from the Office of the City Attorney announcing a public hearing before the City Council
on May 13, 1998 concerning lapse in liquor liability insurance of Debra Johnson, dba Sports
Break, 1199 Rice Street. (Uncontested)
4. Letter from the Office of the City Attorney announcing a public hearing before the City Council
on May 13, 1998 concerning unlawful sale of alcohol by L.&K. Corporation, dba Quick Stop
Liquor, 824 7th Street East. (Uncontested)
5. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law
Judge on May 27, 1998, 9:30 a.m., in the Office of the Board of Ramsey County Commissioners,
Room 220, Conference Room B, City Hall-Courthouse, concerning licenses held by Michael
Bartelmy, dba Mike's Towing, 847 Hudson Road.
6. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on May 13, 1998 to consider the application for a sound level
variance by the St. Paul Saints Baseball Club for music concerts to be held at Midway Stadium on
June 14, 1998 from 2:00 p.m. to 9:00 p.m. and June 27 & 28, 1998 from 1:00 p.m. to 10:00
p.m.
•
' May 6, 1998 City Council Summary Minutes Page 2
• 7. Letters from the Department of Fire and Safety Services/Property Code Enforcement declaring
240 Belvidere Street East, 516 Como Avenue, 17 Congress Street West, and 921-927 Selby
Avenue (917 Selby Avenue) as "nuisance properties" and setting date of Legislative Hearings for
May 19, 1998 and City Council Hearings for May 27, 1998.
8. Letters from the Department of Fire and Safety Services/Property Code Enforcement declaring
558 Grotto Street North, 1204 Edgerton Street, 1779 Reaney Avenue, and 711 Sherburne Avenue
as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a
later date if necessary.)
9. Letter from Ramsey County Property Records and Revenue, Valuation Division requesting a
reduction in assessed valuation and reclassification for various properties acquired by Metropolitan
State University. (#AC97-6095) (Real Estate Division recommends approval)
Adopted Yeas - 6 Nays - 0
10. Letter from the Real Estate Division recommending approval of the request from Ramsey County
Property Records and Revenue, Valuation Division, requesting a reclassification of property
located at 1088 Barclay Street. (#AX98-0015)
11. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on May 13, 1998 to consider the appeal of"The Neighborhood" to a
• decision of the Planning Commission approving a special condition use permit to allow a cluster
development with ten (10) dwelling units on property located at the southwest quadrant of
Lexington Parkway South and St. Clair Avenue.
LA2. Resolution - 98-357 - Finalizing City Council action taken February 25, 1998 denying the appeal
of Gregory and Carol Clark and Patricia Leonard to a decision of the Heritage Preservation
Commission granting approval of a building permit to construct a structure with one dwelling unit
and four garages at 420 Portland Avenue.
Adopted Yeas - 6 Nays - 0
4. Resolution - 98-358 - Finalizing City Council action taken March 25, 1998 grant the appeal of
Beverly Carlson, with conditions, to a decision of the Planning Commission denying a request for
a special condition use permit to allow an auto specialty store for selling, repairing and mounting
used tires at 705 East 7th Street.
Adopted Yeas - 6 Nays - 0
44. Resolution - 98-359 - Finalizing City Council action taken March 25, 1998 denying the appeal of
John and Joanne Valiukas to a decision of the Planning Commission denying a determination of
similar use to determine whether growing nursery stock and crops, along with retail sales of
gardening supplies, is an agricultural use and therefore permitted in a residential zoning district at
13XX Point Douglas Road.
• Adopted Yeas - 6 Nays - 0
May 6, 1998 City Council Summary Minutes Page 3
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15. Resolution - 98-360 - Referring to the Saint Paul Charter Commission an ordinance that would
`/ amend the Charter to provide for voting requirements in case of abstentions for conflict of interest.
Adopted Yeas - 6 Nays - 0
,orb. Resolution - 98-361 - Authorizing the Department of Fire and Safety Services to enter into an
agreement with Hamline University to rent facilities for graduation ceremonies for new fire fighter
recruits on June 11 & 12, 1998.
Adopted Yeas - 6 Nays - 0
Resolution - 98-362 - Authorizing the City Attorney's Office to accept photographs taken by the
Saint Paul Arts and Diversity Committee Style Subgroup of office work areas.
Adopted Yeas - 6 Nays - 0
✓18. Resolution - 98-363 - Increasing the 1998 spending authority in the Department of Public Works'
Sewer Utility Enterprise Fund to fund contracts budgeted but not awarded during 1997.
Adopted Yeas - 6 Nays - 0
�9. Resolution - 98-364 - Approving a sewer maintenance agreement between the City of Saint Paul
and the Metropolitan Council Environmental Services for the period January 1, 1998 through
December 31, 1998.
Adopted Yeas - 6 Nays - 0
• 2 Resolution - 98-365 - Approving a Special Law passed by the 1998 Legislature for the pension for
the widow of Donald Juenemann.
Adopted Yeas - 6 Nays - 0
Resolution - 98-366 - Approving a budget amendment to provide funds for the pension for the
widow of Donald Juenemann.
Adopted Yeas - 6 Nays - 0
Resolution - 98-367 - Approving the guidelines and project recommendations for the 1998
Children's Play Equipment Program.
Adopted Yeas - 6 Nays - 0
`' 3. Resolution - 98-368 - Authorizing the City to accept $1,627,417 of federal funds from the State of
Minnesota to assist welfare recipients through Welfare to Work Programming.
Adopted Yeas - 6 Nays - 0
Va. Resolution - 98-369 - Approving the release of utility easements in part of vacated Kenneth Street
between St. Clair Avenue and Sargent Avenue.
Adopted Yeas - 6 Nays - 0
•
May 6, 1998 City Council Summary Minutes Page 4
• 25. Resolution - 98-370 - Approving a contract between the City of Saint Paul and Ramsey County
whereby the City provides the recording and cablecasting of Ramsey County Board and
Committee meetings and Ramsey County pays the City for these services.
Adopted Yeas - 6 Nays - 0
L 66. Resolution - 98-371 - Approving City participation with Ramsey County in developing a joint plan
for the 800 MHZ system.
Adopted Yeas - 6 Nays - 0
t"i7. Preliminary Order - 98-372 - In the matter of sidewalk reconstruction on both sides of Jenks Ave.
from Greenbrier St. to Walsh St.; the south side of E. Magnolia Ave. from Atlantic St. to
Magnolia Lane; the north side of E. Nevada Ave. from Greenbrier St. to Walsh St. and the east
side of Greenbrier St. from E. Nevada Ave. to E. Nebraska Ave.; the north side of E. Wheelock
Pkwy. from Greenbrier St. to Walsh St.; and the north side of E. Wheelock Pkwy. from Walsh
St. to Weide St. and setting date of public hearing for July 8, 1998. (File #S98029, S98033)
Adopted Yeas - 6 Nays - 0
MISCELLANEOUS
56. Recognition of Retiring City Employee Jacqueline Thompson, Public Health.
Jacqueline Thompson, Public Health, was recognized by the City Council for 32 years of service
• to the City.
Suspension Item
Councilmember Coleman moved for suspension of the rules and approval of the following resolution:
'Resolution - 98-386 - Waiving the 60% consent requirement for a block party/special event permit
for Grand Old Day to be held on June 7, 1998.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
28. Presentation by the Treasury Division on the fees and costs for bond issuance. (Laid over from
April 8) (See C.F. 98-117 adopted February 11, 1998)
Councilmember Blakey moved to lay over three weeks.
Laid over to May 27 Yeas - 7 Nays - 0
C-49. Resolution - 98-214 - Approving new minimum qualifications for the Engineering Aide I and II
classifications. (Adopted on April 1, 1998, reconsidered and laid over from April 8) (Laid over
from April 22)
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
May 6, 1998 City Council Summary Minutes Page 5
• 30. Report by the Mayor's Administration on a work plan for the payroll system. (Requested by
ty, Council on April 22)
A report was presented by Peter Hames, Department of Technology and Management Services.
The Council requested that the Mayor's Administration, after consultation with the City Attorney's
Office, report back on May 27 regarding legal options relative to the payroll system.
The Council, by motion, expressed approval of the Administration's plan to go forward with the
payroll system as presented. Yeas - 7 Nays - 0
41. Report by the Office of License, Inspections and Environmental Protection on the development of
a system to review permit holder actions and take appropriate adverse action against the permit
holder. (Requested by C.F. 98-221 adopted March 25, 1998)
A report was presented by Robert Kessler, Director, Office of License, Inspections and
Environmental Protection. He said a resolution will be introduced in the near future on this issue.
ORDINANCES
2. Second Reading - 98-349 - An ordinance amending Chapter 409 of the Saint Paul Legislative
Code to permit charitable organizations to operate additional pull-tab dispensing devices at
• permitted locations.
`L Laid over to May 13 for third reading/public hearing
'33. Second Reading - 98-350 - An ordinance amending the Saint Paul Legislative Code by designating
that Maple Street, bounded by East Third Street and Conway Street, become a one-way street.
Laid over to May 13 for third reading/public hearing
1-34. First Reading - 98-373 - An ordinance amending Chapter 361 of the Legislative Code to require
tow companies to verify the vehicle status prior to towing and to notify the last known owner of
the vehicle.
Laid over to May 13 for second reading
5. First Reading - 98-374 - An ordinance amending the Saint Paul Charter to provide for voting
4
requirements in case of abstentions for conflict of interest.
Laid over to May 13 for second reading
6. First Reading - 98-375 - An ordinance to regulate conflicts of interest for City officials and
employees who are offered, or leave the City for, private employment.
Laid over to May 13 for second reading
1�
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May 6, 1998 City Council Summary Minutes Page 6
• Suspension items
Councilmember Benanav moved for suspension of the rules and approval of the following resolution:
Resolution - 98-387 - Approving and authorizing the execution of a memorandum of
L.
understanding with RK Midway LLC regarding the remediation of pollution on the Midway
Center Site.
Adopted Yeas - 7 Nays - 0
councilmember Benanav moved for suspension of the rules and approval of the following resolution:
Resolution - 98-388 - Proclaiming May 11, 1998 to be "Stacy Offner Day" in Saint Paul in
recognition of her 10th anniversary as Rabbi at Shir Tikvah Synagogue.
Adopted Yeas - 7 Nays - 0
The meeting was recessed at 4:17 p.m. and resumed at 5:33 p.m.
Present - 5 Absent - 2 (Coleman and Harris)
(Coleman was excused from the meeting at this time)
PUBLIC HEARINGS
1./
37. Third Reading - 98-308 - An ordinance amendingChapter 317 of the Saint Paul Legislative Code
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to create a temporary amusement ride license.
• Randy Geller, Business Review Council, appeared and spoke in favor of the ordinance.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing.
Yeas - 5 Nays - 0 (Harris not present)
Laid over to May 13 for final adoption
(Harris arrived)
8. Third Reading - 98-309 - An ordinance repealing Chapter 349 of the Saint Paul Legislative Code
pertaining to licensure of rental clothing.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing.
Yeas - 6 Nays - 0
Laid over to May 13 for fmal adoption
*9. Third Reading - 98-310 - An ordinance repealing Chapter 379 of the Saint Paul Legislative Code
pertaining to licensure of locksmiths.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing.
Yeas - 6 Nays - 0
Laid over to May 13 for fmal adoption
•
May 6, 1998 City Council Summary Minutes Page 7
0440. Third Reading - 98-311 - An ordinance amending Chapter 417 of the Saint Paul Legislative Code
regarding parking lots; clarifying the distinction between a parking lot and parking garage,
removing the advisory committee requirement, and specifying the minimum standards for
structural condition surveys.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing.
Yeas - 6 Nays - 0
Laid over to May 13 for final adoption
Resolution - 98-316 - Approving application for a Malt Off Sale License by Foodsmart LLC, 544 i.
University Avenue West. (ID #0035509) (Laid over from April 22)
Robert Kessler, Director, Office of License, Inspections and Environmental Protection, stated the
neighborhood council has reviewed the application and recommends approval.
Councilmember Blakey moved to close the public hearing and approval.
Adopted Yeas - 6 Nays - 0
2. Resolution - 98-376 - Approving application for Liquor On Sale-Sunday, Liquor On Sale (A),
Gambling Location (Class A), Entertainment (B), and Cigarette/Tobacco Licenses by CAB's Pub
& Eatery, Inc, 992 Arcade Street. (ID #19980000376)
• Bob Kessler, Director, Office of License, Inspections and Environmental Protection, appeared and
stated that the applicant signed the conditions that were imposed on the license.
Councilmember Harris moved the substitute and approval.
Substitute introduced and adopted Yeas - 6 Nays - 0
3. Resolution - 98-377 - Approving a Housing Replacement District Plan.
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
44. Resolution - 98-378 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at: 503 Cleveland Avenue North, 118 Litchfield Street,
1320, 1326, 1336 Mississippi Street, and 56 Cook Avenue West.
Brian Alton, attorney with McClay-Alton PLLP, 951 Grand Avenue, representing Republic
Management, appeared on the Mississippi Street properties.
Gerry Strathman, Legislative Hearing Officer, reported that no one appeared at the Legislative
Hearing. He received a call from Robert McClay, asking for the hearing to be rescheduled. Mr.
Strathman declined the request because there have been between 250 to 300 violations. Mr.
Strathman had another conversation with Mr. McClay asking that the Council hearing be
rescheduled because Mr. McClay was going to be out of the country.
May 6, 1998 City Council Summary Minutes Page 8
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Mr. Alton stated he is a partner of Bob McClay. Mr. Alton asked that this matter be rescheduled
before the legislative hearing officer saying that Republic Management takes this matter very
/seriously and they want to have an opportunity to be heard. The purpose of asking this to be laid
over is so Republic Management can make the repairs in an orderly manner. They are committed
to taking care of the problems and there are some issues with some of the items on the repair list.
Pat Fish, Fire Prevention, appeared and stated she was at the property on this date and met with
the manager. They were not prepared to do the reinspection because they did not get the message
from Bob McClay that the inspection was to go ahead. There are six buildings in this complex,
three on Westminster and three on Mississippi. The list involves a lot of deferred maintenance
over a long period of time. The management is attempting to do all the repairs with two
maintenance persons. The tenants living there are unsafe, Ms. Fish said. In addition, there are
structural problems.
Councilmember Harris asked what the opportunity is for them to clear the violation if the appeal
was denied. Pat Fish responded a letter was sent on March 31 allowing the owners until May 1,
1998 to make the corrections on the Mississippi properties. They cannot do all six buildings in 30
days, but with a schedule the properties could be completed in 90 days.
Councilmember Lantry moved to deny the appeal stating that ample time has been given.
Adopted Yeas - 6 Nays - 0
Illt,-25. Resolution - 98-379 - Ordering the owner to remove or repair the building at 780 Charles Avenue
within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends
allowing the owner six months to complete rehabilitation provided that a code compliance
inspection is done, the $200 vacant building fee is paid, and a $2,000 bond is posted by noon May
6)
Gerry Strathman, Legislative Hearing Officer, stated that all conditions have been met.
Councilmember Blakey moved approval as amended per the Legislative Hearing Officer's
recommendation..
Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 6 Nays - 0
46. Resolution - 98-380 - Ordering the owner to remove or repair the building at 53 Maryland Avenue
East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends laying over to the May 19 Legislative Hearing and the May 27 City Council meeting)
Gerry Strathman, Legislative Hearing Officer, stated there is an active buyer for this property, but
the buyer needed more time to fmalize the sale.
No one appeared in opposition; Councilmember Reiter moved to lay over to May 27.
0
Laid over to May 27 Yeas - 6 Nays - 0
May 6, 1998 City Council Summary Minutes Page 9
Resolution - 98-381 - Ordering the owner to remove or repair the building at 1291 Rice Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
allowing the owner six months to complete rehabilitation provided a $2,000 bond is posted by
noon May 13) (Note: public testimony will not be taken; this item will be laid over to May 13)
Gerry Strathman, Legislative Hearing Officer, stated the owner is trying to close the sale on this
property and needed an additional week.
No one appeared in opposition; Councilmember Reiter moved to lay over to May 13.
Laid over to May 13 Yeas - 6 Nays - 0
+8. Resolution - 98-382 - Ordering the owner to remove or repair the building at 860 Robert Street
South within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends laying over to the May 19 Legislative Hearing and May 27 City Council Meeting)
Gerry Strathman, Legislative Hearing Officer, stated the property is in redemption and the
redemption period ends on May 14. At that time, the mortgage company intends to enter the
property and begin rehabilitation.
Councilmember Reiter moved to lay over to the May 19 Legislative Hearings and May 27 City
Council Meeting.
• Laid over to May 27 Yeas - 6 Nays - 0
"4Resolution i in Assessment - - - In matterof abandonedvehicles at 1792
9. Ratifying g 98 383 the atte an
Portland Avenue and 226 Belvidere Street E., and summary abatements (grass cutting) at 853
Fourth Street E. and 1645 Iglehart Avenue. (File #J97ABDV1 (9785), J97ABDV2 (9786),
J97TDBC 11 (9788) (Addresses laid over from April 22) (Legislative Hearing Officer
recommends approval)
Gerry Strathman, Legislative Hearing Officer, indicated that 226 Belvidere Street East should be
amended to allow the owner five years to pay the assessment.
William Manley, 1792 Portland Avenue, appeared and stated he has had the vehicle in question
for 20 years and it is a properly licensed vehicle. Pauly Seely from Code Enforcement asked for
his site plan and Mr. Manley told him that he had not submitted it, was in the process of selling
the bus, and will send it in. A police officer showed up at his property and the vehicle was towed
last July. Mr. Manley spoke to Jim Prill in Code Enforcement who had ordered the vehicle
towed. Mr. Prill said he sent a letter, but Mr. Manley stated he never received it.
Councilmember Harris moved to close the public hearing.
Yeas - 6 Nays - 0
• Gerry Strathman stated the bus is improperly stored and this has been known for a long time. A
site plan was submitted but was denied. Posting by the U.S. Mail is legally sufficient notification.
All evidence indicates William Manley was notified.
May 6, 1998 City Council Summary Minutes Page 10
S Council President Bostrom asked if a notice was posted on the bus. Guy Willits, Public Health,
responded no.
In response to a question of Councilmember Reiter, Mr. Manley said it had been three or four
years since the bus was driven.
Councilmember Benanav moved to deny the appeal and approve the assessment..
Adopted as amended Yeas - 6 Nays - 0
50. Appeal of James Swick to a Summary Abatement Appeal for property at 752 Laurel Avenue.
(Legislative Hearing Officer recommends denial)
No one appeared in opposition; Councilmember Harris moved to close the public hearing and
deny the appeal.
Appeal Denied Yeas - 6 Nays - 0
'-51. Resolution - 98-384 - To consider the vacation of part of Hubbard Avenue east of Avon Street to
allow for the construction of a plant platform as part of the petitioner's plat remodeling project.
Councilmember Blakey moved approval.
Adopted` Yeas - 6 Nays - 0
" 52. Final Order - 98-352 - In the matter of condemnin and takin of ro ert ri hts as re uired for
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the Phalen Village Public Improvements Project east of Johnson Parkway and south of Maryland
Avenue. (File #18871) (Laid over from April 29)
Councilmember Harris presented a substitute Final Order.
No one appeared in opposition; Councilmember Harris moved approval of the substitute.
Substitute introduced and adopted Yeas - 6 Nays - 0
/53. Resolution Ratifying Assessment - 98-385 - In the matter of condemning and taking a temporary
easement for the improvement of Swede Hollow Park. (File #18862 E2)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
Public hearing to consider the application of Kevin Tramm Construction for a preliminary and
4. d
final plat to allow the property at 895 McKnight Road to be subdivided into 16 lots for residential
development.
Kady Dadlez, Department of Planning and Economic Development (PED), appeared and stated
this property was platted into 8 lots, 6 of which are now being considered by replatting into 16
residential lots. All the requirements have been met and PED recommended approval.
• Councilmember Lantry requested that language be added to reflect that this is a replatting for 16
lots with 16 homes on the parcel.
May 6, 1998 City Council Summary Minutes Page 11
S No one appeared in opposition; Councilmember Lantry moved to close the public hearing and
approval of the application.
Motion of Intent - Application Granted (16 lots for 16 homes)
t7)d
Yew Nays - 0
55. Public hearing to consider the application of Richard Eitel to rezone property from R-2 (single-
family residential) to B-3 (general business) for the purpose of constructing and operating an auto
repair facility at the southwest corner of Larpenteur Avenue and I-35E frontage road (west side of
freeway).
Donna Drummond, Department of Planning and Economic Development, (PED), appeared and
stated that staff recommended approval. Also, District 6 supports the rezoning. There was one
letter received in opposition.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and
approval of the application.
Motion of Intent - Application Granted Yeas - 6 Nays - 0
Councilmember Blakey moved to adjourn the meeting.
• ADJIU' ED AT 6:10 P.M.
/1íA
D. 'el :ostrom, Council President
ATTEST:
.1/4—K -cs,r--4--L...---b---.„_ Minutes approved by Council
Nancy Ar erson ,,_,,--it—\\ \`ter
Assistant Council Secretary
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