Approved Minutes 9-9-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, September 9, 1998 - 3:30 P.M.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Saint Paul, Minnesota
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)
Councilmember Blakey requested Item #17 be removed for discussion.
Councilmember Harris requested Item #20 be removed for discussion.
Councilmember Blakey moved approval of the consent agenda as amended. Yeas - 7 Nays - 0
FOR ACTION
1. Claims of Robbie Bathke, Paul Buhl, Frank Dreisbach, Okolo Chuks Emmanuel, Nancy Erickson,
Colt Montagne Grotto, Tracy Henry, Margaret Jacobson, Clifford Kelly, Sarah LaBelle, Aaron
Neumann, and Neil Simmons.
Referred to Employee/Risk Management Division
2. Summons and Complaint in the matter of Patrick Moore vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
3. Summons and Complaint in the matter of Inside Sports, Inc. vs. the City of St. Paul.
Referred to the City Attorney's Office
4. Letter from the Office of the City Attorney announcing a public hearing before the City Council
on September 23, 1998 to consider the report of the Administrative Law Judge concerning adverse
action against licenses held by Bram Corporation, dba Arcade Bar, 932 Arcade Street.
5. Letter from the Department of Fire and Safety Services/Property Code Enforcement declaring 370
Atwater Street and 312 Erie Street as "nuisance properties", and setting date of Legislative
Hearings for September 15, 1998 and City Council Hearings for September 23, 1998.
6. Letter from the Department of Fire and Safety Services/Property Code Enforcement declaring 993
Burr Street, and 582 State Street as "nuisance properties." (For notification purposes only; public
hearings will be scheduled at a later date if necessary.)
September 9, 1998 City Council Summary Minutes Page 2
7. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on September 23, 1998 to consider the application of Sean
O'Byrne of Great Waters Brewing Company for a sound level variance from 4:30 p.m. to 10:00
p.m. on October 1 & 2, 1998 and from 12 Noon to 10:00 p.m. on October 3, 1998 to allow live
music to be held in a tent on 7th Place Plaza.
8. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on September 23, 1998 to consider the application of Lower Afton Seniors
LLC to rezone property from B-2 (Community business) to RM-2 (Multiple Family) to allow
construction of 56 units of senior housing on the currently vacant site on Lower Afton Road (201
feet west of McKnight Road)
9. Letter from the Real Estate Division setting date of public hearing for October 7, 1998 to consider
the vacation of Mackubin Street from Idaho to Hoyt.
10. Administrative Order:
D001586 Allocating funds from the Neighborhood Investment Program in the Department of
Planning and Economic Development to East Side Neighborhood Development, Inc.
for the Case Streetscape Project.
Noted as on file in the City Clerk's Office
11. Resolution - 98-823 - Directing the Department of Planning and Economic Development to
provide an update at the September 23, 1998 City Council meeting on the high technology
computer training program to meet the needs of Lawson Software's future employees.
Adopted Yeas - 7 Nays - 0
12. Resolution - 98-824 - Adopting a maximum annual tax levy for the City of Saint Paul for taxes
payable in 1999.
Adopted Yeas - 7 Nays - 0
13. Resolution - 98-825 - Accepting the amendment of the Weed and Seed Grant from the State of
Minnesota increasing the amount of the grant by $50,000.
Adopted Yeas - 7 Nays - 0
14. Resolution - 98-826 - Waiving the 60 percent consent requirement for a block party/special event
permit for the 1998 Selby Dayz Festival on September 12, 1998.
Adopted Yeas - 7 Nays - 0
15. Resolution - 98-827 - Endorsing the concept and development of the Saint Paul Grand Round as
Saint Paul's showcase bikeway and greenway.
Adopted Yeas - 7 Nays - 0
16. Resolution - 98-828 - Accepting a grant for a VISTA volunteer from the Minnesota Literacy
Council to coordinate the America Reads Challenge at the Saint Paul Public Library.
Adopted Yeas - 7 Nays - 0
September 9, 1998 City Council Summary Minutes Page 3
17. (Discussed after the consent agenda)
18. Resolution - 98-830 - Finalizing City Council action taken August 26, 1998 concerning adverse
action against licenses held by Jill D. Rasmuson, dba R & R Books, 674 University Avenue.
Adopted Yeas - 7 Nays - 0
19. Resolution - 98-831 - Suspending a fine of$2,000.00 for an additional ninety days on the license
of Park N Jet, LLC, dba Park N Jet, 1460 Davern Street adopted under Council File 98-557 on
June 24, 1998.
Adopted Yeas - 7 Nays - 0
20. (Discussed after the consent agenda)
21. Resolution - 98-833 - Authorizing a grant application and execution of a contract between the City
of Saint Paul, Greening the Great River Park, and the Minnesota Department of Transportation
(MnDOT).
Adopted Yeas - 7 Nays - 0
22. Resolution - 98-834 - Authorizing the issuance of an approximately $2,500,000 conduit bond
issued to Guinee Family Limited Partnership (Miratec Systems, Inc.).
Adopted Yeas - 7 Nays - 0
23. Resolution Approving Assessment - 98-835 - In the matter of summary abatements (property
clean-up) for August 1998; boarding-up of vacant buildings for June 1998; demolition of vacant
buildings for July 1998; towing of abandoned vehicles for August 1997 and March, April, May
and June 1998; and summary abatement (cutting grass by TDBC) for July 1998, and setting date
of City Council Hearing for October 14, 1998. (File #J9806A, J9805B, J9804C, J9806V,
J98TDBC 1)
Adopted Yeas - 7 Nays - 0
24. Resolution Approving Assessment - 98-836 - In the matter of installation of storm sewer
connection projects installed during January 1989 through December 1994, and setting date of
public hearing for October 14, 1998. (File #18764, 18569-10, 18563-3, 18609-8, 18569-4,
18758, 18653-4, 18769, 18728)
Adopted Yeas - 7 Nays - 0
17. Resolution - 98-829 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 769 Seventh Street East, 1470 Sheldon Street, 475
Minnehaha Avenue West, 747 Prior Avenue North, 1541 Sims Avenue, 124 Lexington Parkway
North, 834 Armstrong Avenue, 815 Pedersen Street, 596 Wells Street, and 1019 Edgerton Street.
Councilmember Blakey stated that 124 Lexington Parkway has been a problem property for a long
time. He said it was his understanding that the property is in tax arrears of about $7,000 for
1996, 1997 and 1998.
September 9, 1998 City Council Summary Minutes Page 4
Gerry Strathman, Legislative Hearing Officer, stated that there was an appeal to an order to
condemn the property. The order listed 18 specific items that were in violation of the City Code.
At the Legislative Hearing the property owner indicated that many of the items on the order have
been resolved. One of the more serious issues was the roof and Mr. Strathman's recommendation
was to lay this matter over for one month to allow the owner time to try to repair the roof. In
light of Councilmember Blakey's concerns, Strathman suggested that the Council could consider
the matter at this time and deny the appeal and the condemnation order would be reinstated. The
other option would be to lay it over and consider it separately as a public hearing at a future date.
Councilmember Blakey moved to deny the appeal for 124 Lexington Avenue and approval as
amended.
Adopted as amended Yeas - 7 Nays - 0
20. Resolution - 98-832 - Approving the use of assessment financing in accordance with City policy
for the installation of a fire protection system for 656 Selby Avenue. (File #FP9801)
Councilmember Harris noted that at the Council meeting the previous week, a STAR loan was
approved for another fire protection system. As indicated by this resolution, assessment financing
can be used for sprinkler systems and Harris said he felt the action taken authorizing the STAR
loan should be looked at and that there should be a discussion on how and if it was different from
this one. He said he felt it was a poor use of the STAR money and that assessment financing
should have been used for the previous one also.
Council President Bostrom responded that this one may be different depending if the building is
owned rather than rented. With the project approved the previous week, the people did not own
the building. If someone is a tenant, he said he did not feel anything could be assigned to the
taxes.
Councilmember Coleman said what was learned from the discussion the previous week was that
the loan was for business expansion and there were a number of new jobs that would result from
granting the loan, and that it was targeted to under-employed and minority residents of the City.
Councilmember Blakey moved approval.
Roxanna Mink, Real Estate Division, informed the Council that the property is owned by the
applicant and it is one of the City programs that if someone does require a sprinkler system, they
can apply for financing through assessments with interest.
Adopted Yeas - 7 Nays - 0
September 9, 1998 City Council Summary Minutes Page 5
FOR DISCUSSION
25. Update by the Administration on the progress of the Electronic Computerized License Inspection
and Permit System (ECLIPS). (Requested by Council on July 15)
Bob Kessler, Office of License, Inspections and Environmental Protection, distributed a report.
He noted that there has not been much external development activities since the last report in July.
They have focused their resources on developing the Request for Proposals (RFP). The responses
to the RFP are to be received the week of September 14, the evaluation process will begin, a
vendor will hopefully be selected and they will be under contract by the end of 1998. Mr. Kessler
said they are behind schedule by about 1-1/2 years but they remain within budget.
Council President Bostrom asked if the system is working as was originally anticipated. Mr.
Kessler responded that the part that has been developed so far is working and has improved and
streamlined the work they do. However, there is still a large part of the system to complete and to
insure that it is integrated well with the existing systems.
An additional update will be provided on November 4, 1998.
26. Resolution - 98-657 - Giving final approval of 1999 Residential Street Vitality Project Areas and
tentative approval of 2000-2003 Project Areas. (Laid over from August 26)
Councilmember Harris said he is working with staff to try to work out a way to get the paving
project back on schedule. He indicated that Joe Reid, Budget Office, is recommending that the
Council review this as part of the budget process. There may be some alternative financing
methods to get the paving process back on schedule.
Councilmember Harris presented an amendment to the resolution which allows Public Works staff
to move ahead with 1999 projects and as the budget process moves forward, Harris said they will
either have to go with what they have before them or, hopefully, make some changes to get the
street paving on schedule.
Councilmember Harris moved approval as amended.
Joe Reid acknowledged that several discussions have taken place on this issue. The resolution
implies that a final decision has been made about the future when there is actually several months
of budget review before a decision is made. Public Works does need approval to move ahead with
the 1999 projects so they can begin designing those.
Adopted as amended Yeas - 7 Nays - 0
September 9, 1998 City Council Summary Minutes Page 6
27. Resolution - 98-807 - Authorizing the City of Saint Paul to accept $207,000.00 of federal funds
from the National Association of Private Industry Councils (NAPIC) to assist welfare recipients
through Welfare to Work Programming. (Laid over from September 2)
Councilmember Lantry moved approval.
Councilmember Blakey said he felt this is a good program but one the Council should look at as
there have been discussions of the Lawson jobs issue and this may have some relevancy to it.
With some creativity and innovativeness, different types of programs could be done. He said he
wanted to draw to Planning and Economic Development's attention that there is the ability to do
different types of programs and that this is a good one.
Adopted Yeas - 7 Nays - 0
28. Report from the Administration regarding the amended lease with the Minnesota Wild.
(Requested by Council on August 26)
Pam Wheelock, Department of Planning and Economic Development, presented a detailed report.
29. Report from the Administration on Minnesota Laws pertaining to the Saint Paul Sales Tax
Revitalization Program and Board. (Requested by Council on September 2)
Joe Reid, Budget Office, presented a report.
ORDINANCES
30. Final Adoption - 98-763 - An ordinance finalizing City Council action approving the application
of Children's Health Care to rezone property from B-3 (General Business) to B-5 (Central
Business-Service) to allow the entire hospital campus to be in the same zoning district at 233
Grand Avenue.
Councilmember Coleman moved approval.
Adopted Yeas - 7 Nays - 0
Suspension Item
Councilmember Harris moved for suspension of the rules and approval of the following resolution:
Resolution - 98-845 - Authorizing the donation of a 1995 Ford Ranger from Saxon Ford for the
D.A.R.E. program.
Adopted Yeas - 7 Nays - 0
The meeting was recessed from 5:20 to 5:45 p.m.
Roll Call: Present - 7 Absent - 0
September 9, 1998 City Council Summary Minutes Page 7
PUBLIC HEARINGS
32. Third Reading - 98-779 - Amending Chapter 84 of the Saint Paul Administrative Code (Vendor
Outreach Program) to make St. Paul's certification standards and definitions match those of other
jurisdictions
No one appeared in opposition; Councilmember Harris moved to close the public hearing.
Yeas - 7 Nays - 0
Laid over to September 23 for final adoption
31. Third Reading - 98-766 - Establishing a moratorium on pawn shops pending a review and
recommendation by the Planning and Economic Development Department and the Planning
Commission. (Amended on September 2)
The following individuals appeared and spoke in opposition to the moratorium:
Randy Geller, owner of Victory Parking Ramp representing the Business Review Council (BRC)
Bob Cardinal, BRC member, 761 Iowa Avenue East
Mee Moua, attorney with Leonard Street & Deinard, representing Pawn America
Larry Kasella, 730 S. Chatsworth Avenue, applicant for a pawn shop license
Pat Martin, Executive Director, Minnesota Pawn Brokers Association
The following individuals appeared and spoke in support of the moratorium:
Paul Gilliland, 1409 McAfee Street
Maureen Mariano, President, Payne-Arcade Business Association
Councilmember Harris moved to close the public hearing. Yeas - 7 Nays - 0
Laid over to September 23 for final adoption
33. Resolution - 98-837 - To consider the application of Maureen Mariano and Jeff Mathews,
Schwietz Saloon, 956 Payne Avenue, for a sound level variance from 8:30 p.m. to 12:30 a.m. on
September 17, 18 & 19, 1998.
Bob Kessler, Office of License, Inspections and Environmental Protection, requested an
amendment to the resolution changing the times to "midnight" on lines 38 and 40.
No one appeared in opposition; Councilmember Harris moved to close the public hearing and
approval as amended.
Adopted as amended Yeas - 7 Nays - 0
34. Public hearing regarding the proposed use of the Local Law Enforcement Block Grant in the
amount of$676,894 received from the U.S. Department of Justice, Bureau of Justice
Administration.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and
approval.
September 9, 1998 City Council Summary Minutes Page 8
Phil Byrne, Assistant City Attorney, explained that some of the federal grant applications require
that the City Council hold a public hearing on a proposed grant.
Amy Brown, Police Department, appeared and stated that the next step will be to adopt the budget
via a Council Resolution for this grant. The funds are expendable October 1, 1998. Part of the
funds will be in the '98 budget and part of the funds will be in the '99 budget. Ms. Brown said
she would provide a detail of the expenditures to the Councilmembers.
Adopted Yeas - 7 Nays - 0
35. Resolution - 98-838 - Ordering the owner to remove or repair the building at 503 St. Albans Street
North 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, a code compliance inspection is completed, and the vacant building fee is paid by noon
September 9, 1998)
Gerry Strathman, Legislative Hearing Officer, reported that the bond was not posted nor the
inspections done and, therefore, he recommended approval of the original order to remove or
repair.
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0 (Remove or repair within 15 days)
36. Resolution - 98-839 - Ordering the owner to remove or repair the building at 970 3rd Street East
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
(Coleman left)
37. Appeal of Dr. Dorothy Irvin to a summary abatement order for property located at 1615 St.
Anthony Avenue. (Legislative Hearing Officer recommends denying the appeal)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
deny the appeal.
Appeal Denied Yeas - 6 Nays - 0 (Coleman not present for vote)
38. Resolution - 98-840 - Ratification of assessments for the Town Square Operation and Maintenance
costs for July 1, 1998 to June 30, 1999. (File #18113-98)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0 (Coleman not present for vote)
September 9, 1998 City Council Summary Minutes Page 9
39. Resolution Ratifying Assessment - 98-841 - In the matter of sidewalk reconstruction on East
Fourth, Howard, Lake, East Sixth, Bush, Forest, East Seventh, East Third, Algonquin, North
Hazel, Howard Court, Margaret, and Tower. (File #597024-S97030, S97072, S97074-S97079,
S97096-S97100)
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)
(Coleman returned)
40. Resolution Ratifying Assessment - 98-842 - In the matter of the Doswell/Chelmsford Residential
Street Paving Project. (File #18853)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
41. Resolution Ratifying Assessment - 98-843 - In the matter of the Bidwell/Congress Area Street
Paving and Lighting Project. (File #18854)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
42. Final Order - 98-844 - In the matter of improving the following streets with construction of
colored concrete curb and gutter as part of the Margaret/Arcade Area Street Paving and Lighting
Project: Bates Avenue from North Street to Maury Street, Greenbrier Street (west side) from
North Street to Maury Street, and North Street (north side) from Bates Avenue to East Seventh
Street. (File #18855-CC)
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
43. Public hearing to consider the application of the Saint Paul Port Authority for a preliminary and
final plat for Williams Hill Industrial Park, Olive Street north of University Avenue, which will
allow property bounded by Mississippi Street to the west; Minnehaha Avenue to the north, John
Street to the east, and University Avenue to the south to be subdivided into industrial lots.
Larry Soderholm, Department of Planning and Economic Development (PED), appeared and
stated that staff recommends approval on condition that the Port Authority and Public Works reach
agreement about a right-of-way for the East Central Business District Bypass which is a part of the
Comprehensive Plan and it was his understanding that an agreement has been reached and
everyone is supporting the plat with that amendment.
Tom Eggum, Public Works Director, stated that Public Works staff has met with the Port
Authority and PED, and have reached a workable compromise. He indicated that he has a letter
September 9, 1998 City Council Summary Minutes Page 10
which shows the easement that will be required along the eastern side of the development for the
proposed future East Central Business District Bypass.
Phil Byrne, Assistant City Attorney, said it was his understanding that the Port Authority would
be allowed to use some land subject to possible later development. Mr. Eggum responded that the
City will get an easement and in return the owner or the lessee now and in the future can use the
easement until it is either developed or vacated. The City will issue an encroachment permit that
allows that use.
Councilmember Coleman moved to close the public hearing and approval.
Application granted with conditions as presented by the Public Works Director
Yeas - 7 Nays - 0
Councilmember Reiter moved to adjourn the meeting.
Roll call: Yeas - 7 Nays - 0
ADJ D A 6:18 P.M.
Daniel ostrom, Council President
ATTEST:
Minutes approved by Council
Nancy AnOvn 0 A ' k \`kc‘R'
Assistant Council Secretary
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