Approved Minutes 7-8-1998 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, July 8, 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 - 5 - Benanav, Bostrom, Harris, Lantry, Reiter
Absent - 2 - Blakey, Coleman (Excused)
CONSENT AGENDA
FOR ACTION
Councilmember Harris requested Item #10 be laid over one week.
Councilmember Harris moved approval of the Consent Agenda as amended. Yeas - 5 Nays - 0
1. Claims of Lisa Benedict, Joseph Bennett, Lawrence Brown, Rev. M. J. Duchene, Joe Freese,
Laurel Haycock, Rebecca Klages, Barbara Petersen, and Alice West.
Referred to Employee/Risk Management Division
2. Summons and Complaint in the matter of Metropolitan Airports Commission vs. the City of Saint
Paul, et al.
Referred to the City Attorney's Office
3. Second Amended Summons, etc. in the matter of Mark Larsen vs. the City of St. Paul.
Referred to the City Attorney's Office
4. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on July 22, 1998 to consider 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 (north side between I-35E
and Smith Avenue).
5. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on July 22, 1998 to consider the application of Chesapeake, Inc. for a
preliminary and final plat to allow the property at 7XX Stewart Street (between Bay and Sumac
Streets) to be subdivided into seven lots with six family town homes.
6. Letter from the Office of the City Attorney announcing a public hearing before the City Council
on July 22, 1998 to consider the report of the Administrative Law Judge concerning the license
application of 5005 Properties, Inc., dba Hillcrest Bingo, 1610 White Bear Avenue.
July 8, 1998 City Council Summary Minutes Page 2
7. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law
Judge on July 30, 1998, at 9:30 a.m., St. Paul City Hall, Room 220, Conference Room B,
concerning licenses held by Hari Krishna, Inc., dba Travel Inn, 149 University Avenue East.
8. Administrative Orders:
D001569 Approving expenses, not to exceed $1,412.00, for the Chair of the Police-Civilian
Internal Affairs Review Commission to attend the annual conference of the "National
Association for Civilian Oversight of Law Enforcement" in Indianapolis, Indiana from
October 11-14, 1998.
D001570 Addition of$84,277.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction Multiscope - Parking Ramp Alternate A.
Noted as on file in the City Clerk's Office
9. Resolution - 98-608 - Approving and authorizing the extension of beginning loan payments to
Giles Guggemos, Inc. through the STAR Loan Program, District 12.
Adopted Yeas - 5 Nays - 0
10. Resolution - 98-609 - Establishing the rate of pay for the position of"Plan Review Coordinator."
Laid over to July 15 Yeas - 5 Nays - 0
11. Resolution - 98-610 - Accepting a grant from the Metropolitan Council and establishing a budget
for Como Park Streetcar Station Renovation.
Adopted Yeas - 5 Nays - 0
12. Resolution - 98-611 - Accepting a grant from the Metropolitan Council and establishing a budget
for Como Park Education Resource Center, Phase I.
Adopted Yeas - 5 Nays - 0
13. Resolution - 98-612 - Accepting a grant from the Metropolitan Council and establishing a budget
for a trail bridge over Lexington Parkway in Como Park.
Adopted Yeas - 5 Nays - 0
14. Resolution - 98-613 - Accepting a grant from the Metropolitan Council and establishing a budget
for Harriet Island Park Pavilion Restoration.
Adopted Yeas - 5 Nays - 0
15. Resolution - 98-614 - Accepting a grant from the Metropolitan Council and establishing a budget
for trailhead amenities at the Harriet Island Pavilion.
Adopted Yeas - 5 Nays - 0
16. Resolution - 98-615 - Approving a Joint Powers Purchasing Agreement with the City of Forest
Lake.
Adopted Yeas - 5 Nays - 0
July 8, 1998 City Council Summary Minutes Page 3
17. Resolution - 98-616 - Authorizing execution of an agreement with the City of Falcon Heights for
City of St. Paul lighting maintenance forces performing work on Falcon Heights street lights with
reimbursement by Falcon Heights.
Adopted Yeas - 5 Nays - 0
18. Resolution - 98-617 - Amending the spending and financing plan in the Department of Public
Works for the 1998 RSVP Program by transferring funding from the 1995 CSSP Paving Program,
1998 Major Sewer Repairs, 1998 Local Street, Alley & Sewer and adding funding from the City
of Falcon Heights.
Adopted Yeas - 5 Nays - 0
19. Resolution - 98-618 - Amending the spending and financing plan in the Department of Public
Works Prosperity-Johnson to Rose project by adding County Aid participation funding.
Adopted Yeas - 5 Nays - 0
20. Resolution - 98-619 - Amending the spending and financing plan in the Department of Public
Works for the Signal Installations Program by transferring budget from the 7th & Kittson Signal
and increasing Trunk Highway and Private funding.
Adopted Yeas - 5 Nays - 0
21. Resolution - 98-620 - Amending the spending and financing plan in the Department of Public
Works for the Signal Installations Program by transferring budget from the 14th & Jackson Signal
Program.
Adopted Yeas - 5 Nays - 0
22. Resolution Approving Assessment - 98-621 - In the matter of the Thomas/Mackubin Area Street
Paving and Lighting Project, and setting date of public hearing for September 2, 1998. (File
#18852)
Adopted Yeas - 5 Nays - 0
23. Resolution Approving Assessment - 98-622 - In the matter of the Landmark Center Streetscape
Improvements and the Como/Snelling Area twin lantern style street lighting system, and setting
date of public hearing for September 2, 1998. (File #18858 & 18860)
Adopted Yeas - 5 Nays - 0
24. Resolution Approving Assessment - 98-623 - 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, and setting date of public hearing for September 9,
1998. (File #S97024-S97030, S97072, S97074-S97079, S97096-S97100)
Adopted Yeas - 5 Nays - 0
25. Resolution Approving Assessment - 98-624 - In the matter of the Railroad Island Area Street
Paving and Lighting Project, and setting date of public hearing for September 23, 1998. (File
#18856)
Adopted Yeas - 5 Nays - 0
July 8, 1998 City Council Summary Minutes Page 4
26. Resolution Approving Assessment - 98-625 - In the matter of the Ecolab Plaza Project, and setting
date of public hearing for September 23, 1998. (File #18863, 18863A, 18863B)
Adopted Yeas - 5 Nays - 0
FOR DISCUSSION
27. Resolution - 98-530 - Accepting grant funds for liquor compliance checks for 1998 to be
performed by the Police and the Office of License, Inspections and Environmental Protection.
(Laid over from June 24)
Robert Kessler, Office of License, Inspections, and Environmental Protection, reported that he
met with members of the Hospitality Association as well as people from various concerned
groups. They are attempting to reach a compromise to allow them to proceed further with the
compliance checks and use some kind of a warning procedure as well. Mr. Kessler requested a
layover in order to allow for time to come back before the Council with a more specific proposal
that both sides could support.
Council President Bostrom suggested that the City and County Attorney's Office be involved in
the discussions.
Councilmember Lantry moved to lay over to August 5.
Laid over to August 5 Yeas - 5 Nays - 0
28. Update by the Mayor's Administration on storm damage clean-up. (Requested by Council on July
1)
Chuck Armstrong, Mayor's Office, appeared and talked about "Operation Clean Sweep" which
was an opportunity for people to clean up brush from the storms and drop it off at various sites
throughout the City. Mr. Armstrong commended the outstanding efforts of Greg Reese, Forestry
Department, the Department of Public Works, and Ramsey County and the Sheriffs Department
for staffing the sites.
There were 1,325 public trees and 1,125 private trees lost in the City from the June 24 and June
26 storms. The cost from these storms is almost $2 million. It was necessary to condemn two
homes after the June storms. Damage also occurred to three apartment buildings. The present
total loss for the four storms is 6,750 trees citywide and cleanup costs of over $3.1 million. The
first priority is cleanup but they are also working on a proposal for replanting trees in the fall.
Greg Reese, Forestry Division, appeared and stated that the May and June storms caused
unprecedented damage to the urban forest resulting in an extraordinary amount of tree debris that
has to be cleaned from City streets and parks. By the end of the week of July 5, the recycling
facility at Pigs Eye will have received and processed over 100,000 cu. yds. of debris. The
damage has required that extraordinary measures be put in place to handle the cleanup operations.
The City has put together a coalition of resources both in the public and private sector to deal with
getting 150,000 cu. yds. of tree debris off the streets. The Department of Public Works, Ramsey
July 8, 1998 City Council Summary Minutes Page 5
County, and Parks and Forestry personnel are all involved in the cleanup operations. Because of
the amount of damage experienced in the City, private contractors have been hired to assist with
the cleanup. Mr. Reese said they were estimating that by July 12, debris in the entire City will be
picked up. The plan at that time is to redirect resources back into areas where there has been a
significant amount of infill that has come up after the cleanup crews have been through areas.
The June 26 storm, in particular, resulted in a lot of trees being wind-thrown throughout the City.
Approximately 800 partially uprooted and wind-thrown trees require stump clean-up. That
operation will begin the week of July 12 and may require three to four weeks to complete. After
this, Mr. Reese said they will turn their attention to a well thought-out and well reasoned re-
forestation plan to help neighborhoods and citizens who are experiencing a real sense of loss the
opportunity to make some of the neighborhoods green again.
Councilmember Harris asked what order sidewalk work is being done as he has seen less needed
work being done before more badly damaged sidewalks. Mr. Reese responded that he would
work with the Sidewalk Division on this issue.
Council requested that an additional update be provided by the Mayor's Administration at the July
15 City Council meeting.
ORDINANCES
29. Final Adoption - 98-460 - An ordinance to regulate fires, lighted coals and fuels on multi-unit
residential balconies and patios. (Substitute introduced June 10; laid over from June 24)
Councilmember Lantry stated that the City of Minneapolis, as well as 22 other communities, have
a similar ordinance in effect and it will be part of the National Fire Code by the year 2000.
Councilmember Lantry moved approval.
Failed Yeas - 2 Nays - 3 (Bostrom, Harris, Reiter)
30. Final Adoption - 98-521 - An ordinance clarifying the intent in Council File 97-1568, an interim
ordinance preserving the status quo with respect to advertising signs in the City of Saint Paul
pending the completion of action on applications for the adoption of special district sign plans
under Saint Paul Legislative 66.216.
Councilmember Benanav moved approval.
Adopted Yeas - 5 Nays - 0
July 8, 1998 City Council Summary Minutes Page 6
31. Final Adoption - 98-522 - An ordinance amending Saint Paul Legislative Code Chapter 293
providing for the regulation of railroad locomotive whistles at grade crossings in the City.
Councilmember Benanav asked what the penalty was for trains blowing their horns in violation of
the ordinance. Gerry Hendrickson, Assistant City Attorney, responded that violations of a
Legislative Code are generally misdemeanor violations.
Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
32. Third Reading - 98-552 - An ordinance finalizing City Council action approving a petition of
Richard E. Eitel to rezone property located at the southwest corner of Larpenteur Avenue and the
I-35E frontage road from R-2 to B-3. (Public hearing held May 6, 1998)
Laid over to July 22 for final adoption
33. Second Reading - 98-601 - An ordinance amending Saint Paul Legislative Code Chapter 50
pertaining to individual sewage treatment systems to incorporate changes made necessary by
amendments to Minnesota Statute §115.55 and to update the ordinance to provide for efficient
enforcement and to protect the public health, welfare and safety.
Councilmember Harris requested that the City Attorney's Office provide a summary of what the
impact is of the changes with this ordinance.
Laid over to July 22 for third reading/public hearing
Suspension Items
Councilmember Benanav moved for suspension of the rules and approval of the following resolution:
Resolution - 98-630 - Approving fmancing for cleanup and redevelopment of the Midway Center
Project.
Adopted Yeas - 5 Nays - 0
Councilmember Benanav moved for suspension of the rules and approval of the following resolution:
Resolution - 98-631 - Encouraging the Administration to continue to assist the University of
Minnesota in its efforts to identify sites for a women's soccer facility.
Adopted Yeas - 5 Nays - 0
The meeting was recessed from 4:03 to 5:30 p.m.
Roll Call: Present - 5 Absent - 2 Blakey, Coleman - (excused)
July 8, 1998 City Council Summary Minutes Page 7
PUBLIC HEARINGS
34. Third Reading - 98-550 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code
to permit the issuance of one temporary wine and one temporary liquor license within the same
thirty-day period.
Robert Kessler, Office of License, Inspections and Environmental Protection, presented an
amendment to the legislation based on recent legislative action where the Legislature changed the
law which allows more than one license to be issued during a month in certain circumstances.
Councilmember Harris moved approval of the amendment. Yeas - 5 Nays - 0
No one appeared in opposition; Councilmember Benanav moved to close the public hearing.
Yeas - 5 Nays - 0
Substitute introduced and laid over to July 22 for final adoption
Yeas 5 Nays - 0
35. Third Reading - 98-551 - An ordinance amending Saint Paul Legislative Code §410.10 to
eliminate the limitation on the number of temporary licenses which can be obtained within a thirty-
day period.
No one appeared in opposition; Councilmember Harris moved to close the public hearing.
Yeas - 5 Nays - 0
Laid over to July 22 for final adoption
36. Resolution - 98-626 - Concerning adverse action against licenses held by Jestpama, Inc., dba East
Side Liquor Store, 1361 Maryland Avenue East. (Uncontested)
Virginia Palmer, Assistant City Attorney, representing the Office of License, Inspections and
Environmental Protection (LIEP), appeared and stated that this violation was a sale of alcohol to
an underage person On March 17, 1998. The recommendation of LIEP is for a 6-day license
suspension which is the matrix penalty for a second violation. The first violation was a multiple
violation which occurred in 1996 and a 3-day suspension was imposed.
Mr. Dunkel, Manager of East Side Liquor Store, appeared and apologized for this violation. He
stated that he and his staff work hard to prevent sales of liquor to underage people. He stated that
he believes in the compliance checks but he feels they should be a tool -- a form of communication
and education and that LIEP should work with the retailer to prevent sale of liquor to minors. He
stated that he has turned in many false identifications to the Police Department that were
confiscated at his store. Mr. Dunkel contended that when the compliance checks are done, LIEP
sends in people who can fool the retailer. He feels the method used should be modified or
changed so everyone can profit from stopping underage people from buying liquor.
Ms. Palmer responded that the Licensing Office does not make any attempt to "fool"
establishments. The police and the license inspector together make sure that the person is under
the age of 21, that they have no false identification on them and that they have identification
showing that they are under the age of 21. In the incident with East Side Liquor, no identification
July 8, 1998 City Council Summary Minutes Page 8
was asked for. The police officer and the inspector then go into the establishment and explain to
the retailer that they sold to an underage person. The decoy is not brought back in as they are
promised confidentiality but they do have verification that the people are underage.
Ann Woods, Community Organizer, District 2 Community Council, appeared and stated that
District 2 is very concerned about the issue of sale of liquor to minors and the effect it has on the
neighborhood and crimes that may take place after the sale when minors are drinking. District 2
has had concerns for a long time about this particular establishment and the reputation it has in the
neighborhood aside from selling to minors such as loitering. She said this business is counter-
productive to efforts the neighborhood is trying to make to improve it.
Councilmember Benanav moved to close the public hearing. Yeas - 5 Nays - 0
Council President Bostrom spoke in support of the recommendation of the Office of LIEP.
Councilmember Reiter said he did not agree with Ms. Woods placing blame on this establishment
for the problems in the neighborhood and that the owner does not intentionally sell liquor to
underage people.
Councilmember Reiter moved to impose a 3-day suspension.
Councilmember Benanav moved to accept the recommendation of the Office of LIEP.
Councilmember Reiter withdrew his motion.
Adopted Yeas - 4 Nays - 1 (Reiter)
37. Public hearing to consider the report of the Administrative Law Judge concerning licenses held by
Michael Bartelmy, dba Mike's Towing, 847 Hudson Road.
Virginia Palmer, Assistant City Attorney, representing the Office of License, Inspections and
Environmental Protection (LIEP), appeared and stated this issue was before the Council upon the
return of the report of the Administrative Law Judge (ALJ). An adverse action was initiated on
March 12, 1998 alleging that there had been violations of the conditions placed on the license to
do business. The violations occurred between February 23 and March 9, 1998. There was an
ALJ hearing on this matter on May 27, 1998 and the report substantiates that the violations did
occur and makes a recommendation of a 30-day suspension, 15 of those to be served and the
remainder suspended for a period of two years on the condition that all of the conditions on the
license be complied with. The Office of LIEP concurs with the recommendation of the AL! and
urged the Council to accept them. There was a prior adverse action on the licenses in 1993. At
that time, there was a suspension of 30-days and the conditions were placed on the license.
Michael Bartelmy, the licensee, appeared and said he accepted the recommendation of the ALL
Councilmember Harris moved to close the public hearing. Yeas - 5 Nays - 0
July 8, 1998 City Council Summary Minutes Page 9
In response to a question of Councilmember Lantry about the possibility of revoking the license,
Virginia Palmer stated that if the recommendations of the ALJ are imposed and if another •
violation occurs during the two year period, it would come before the City Council and the 15-day
suspension plus any other adverse action the Council would want to take could occur once the
violation is proven.
Councilmember Lantry moved to adopt the Findings of Fact, Conclusions of Law and
Recommendations of the Administrative Law Judge.
Adopted Yeas - 5 Nays - 0
38. Resolution - 98-627 - To consider the vacation of alleys in the block bounded by Holton, Pierce
Butler, Taylor and vacated Pascal.
No one appeared in opposition; Councilmember Benanav moved approval.
Adopted Yeas - 5 Nays - 0
39. Final Order - 98-606 - In the matter of sidewalk reconstruction on both sides of Jefferson Ave.
from S. Fairview Ave. to S. Prior Ave. (File #S98079) (Laid over from July 1)
No one appeared in opposition.
Councilmember Harris presented some minor changes.
Councilmember Harris moved to close the public hearing and approval as amended.
Adopted as amended Yeas - 5 Nays - 0
40. Final Order - 98-628 - 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. (File #S98029, S98033)
No one appeared in opposition; Councilmember Harris moved to close the public hearing and
approval.
Adopted Yeas - 5 Nays - 0
41. Final Order - 98-629 - In the matter of sidewalk reconstruction on both sides of Hague Avenue
from Pierce Street to North Wheeler Street. (File #S98081) (Laid over from June 24)
No one appeared in opposition; Councilmember Harris moved to close the public hearing and
approval.
Adopted Yeas - 5 Nays - 0
July 8, 1998 City Council Summary Minutes Page 10
42. Public hearing concerning the objection by DeLite Outdoor Advertising to requests for billboard
moratoriums and special sign districts by citizen participation districts 2,3,4,5,6,9 10,11,12,13
(Merriam Park and Snelling-Hamline), 15. and 17.
Wendy Lane, Office of License, Inspections and Environmental Protection (LIEP), reviewed the
report provided to the Council by Larry Soderholm, Department of Planning and Economic
Development. His report indicated that staffs' findings are that the conditions listed under the
ordinance are met for the Special District Sign Plan, the applications are reasonable, they include
the specific area of the Special District Sign Plan, and in all cases it is the entire district, except
for District 13, which requested the plan just for the Shepard Area 40-acre study area. The
applications include the scope of the special district sign plans in general as well as restrictions on
advertising signs. The applications are not overly inclusive, they are geographically broad
covering entire districts but are narrow in scope addressing only advertising signs which is
consistent with the intent of the ordinance and the legislative study which deals with advertising
signs and not business signs. The prohibition against construction of new advertising signs or the
modification of existing advertising signs are reasonable during the study period so that signs are
not built today that could not be built next year under the revised regulations and, they do not
discriminate amongst advertising sign companies. Construction moratoriums are provided in State
law and allow for legislative studies to be conducted and planning processes to take place.
Staff recommended that the City Council approve the Special District Sign Applications by all of
the district councils. Staff further recommended that there be consistency among the plans based
on the purpose of Ordinance 97-1568 which is to prohibit the construction of new advertising signs
or the modification of existing advertising signs only. Staff also recommended that the City
Council clarify that moratoriums are interim regulations and will expire when new regulations are
enacted by the City Council or on December 31, 1999, whichever comes first.
Peter Coyle, attorney with Larkin, Hoffman, Daly & Lindgren, Ltd., representing DeLite
Outdoor Advertising appeared and spoke against the moratorium and a number of the applications
that were submitted by the neighborhood districts. Mr. Coyle complimented the staff in the Office
of LIEP for their responsiveness. He requested that the staffs' proposal be modified, that the
moratorium be limited only as to neighborhoods (sensitive areas of the City) and if the Council
chooses to go forward, that the commercial corridors that were noted be exempted and that
applications that were pending before any of the neighborhood special district applications were
filed or those applications which are complete as of July 8 be exempted. Mr. Coyle said he felt
the effect would be minor in terms of the overall square footage of the City and the numbers of
miles of the City that already comply. Also, that it would be some reasonable recognition of the
balancing of interest that DeLite sought to achieve with the City last spring.
Councilmember Harris noted that when this issue was discussed previously there had not been
many applications for new signs which was one of the arguments the Licensing Office was
making. There have been numerous applications since the adoption of the ordinance.
Mr. Coyle responded that a number of applications have been filed but the number of permits
issued is relative few. Several of the applications that were approved are replacement signs for
July 8, 1998 City Council Summary Minutes Page 11
signs that already preexisted. He said they are talking about three or four signs that have actually
been permitted during this period and they were done in full compliance with the ordinance.
The following individuals appeared and spoke in support of the staff recommendation of the
special sign district applications:
• Heather Worthington, St. Anthony Park Community Council
• Bruce Sylvester, District 5, Community Council
• Ann Woods, District 2 Community Council
• Carol Neumann, 694 Oakdale
• Barb Metzger, District 10 Community Council
• Greg Malush, Merriam Park Community Council
• Judy Bantley, Hamline-Midway Community Council
• Gayle Summers, Highland Park Community Council
• John Vantlecke, Snelling-Hamline Community Council
Councilmember Benanav moved to accept the applications of the district councils and indicated
that the district councils want to keep the status quo until the legislative report is completed.
Motion of Intent - Denied objection by DeLite Outdoor Advertising , Inc. and approved the staff
recommendation of the special sign district applications listed above.
Yeas - 4 Nays - 1 (Reiter)
July 8, 1998 City Council Summary Minutes Page 12
Councilmember Lantry moved to adjourn the meeting.
ADJ9 RNED AT 6:52 P.M.
Dame Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anon a \\c\V-
Assistant Council Secretary
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