Minutes 3-11-1998Page 1 of 7
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, March 11, 1998 - 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
Nancy Anderson, Assistant Secretary to the Council
Mary Erickson, Clerical Support - 266 -8565
Office of the City Council
Present - 7 - Blakey, Benanav, Bostrom, Coleman, Harris, Lantry,Reiter
Absent - 0
Web Index
• Consent Agenda
• For Action
• Administrative Order
• For Discussion
• Ordinances
• Public Hearings
• Meeting as the Housing and Redevelopment Authority
CONSENT AGENDA (Items I - 29)
NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY
ONEMOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS.
IFDISCUSSION IS DESIRED, THAT ITEM WILL BE REMOVED FROM THE
CONSENTAGENDA AND CONSIDERED SEPARATELY.
FOR ACTION
1. Approval of minutes of December 10, 1997.
Adopted Yeas - 7 Nays - 0
2. Claims of Michael Lunzer, Stewart Mednick, MetropolitanCouncil, Margaret Mudek, and John
Schleeter.
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Referred to Employee /Risk Management Division
3. Summons and Complaint in the matter of theDemocratic- Farmer -Labor Party of Minnesota vs. Norm
Coleman.
Referred to the City Attorney's Office
4. Letter from the Department of Planning and Economic Developmentannouncing a public hearing
before the City Council on March 25, 1998to consider the appeal of Beverly Carlson to a decision of
thePlanning Commission denying a request for a special condition usepermit to allow an auto specialty
store for selling, repairing andmounting used tires at 705 East 7th Street (northwest side betweenMaria
and Bates).
5. Letter from the Department of Planning and Economic Developmentannouncing a public hearing
before the City Council on March 25, 1998to consider the appeal of John and Joanne Valiukas to a
decision ofthe Planning Commission denying a determination of similar use todetermine whether
growing nursery stock and crops, along with retailsales of gardening supplies, is an agricultural use and
thereforepermitted in a residential zoning district at 13XX Point Douglas Road(east side between Carver
and the City limits)
6. Letter from the Office of License, Inspections andEnvironmental Protection announcing a public
hearing before the CityCouncil on Wednesday, March 25, 1998 to consider the appeal ofIPI/CMS St.
Paul Limited Partnership to a decision of the Board ofZoning Appeals denying three variances in order
to construct anoff- street surface parking lot at 55 East Fifth Street (corner off ifth and Minnesota
Streets).
7. Letters from the Department of Fire and Safety Services /CodeEnforcement declaring 447 Banfil
Street, 449 Banfil Street, 1005Jessie Street, and 270 West Seventh Street as "nuisance properties. "(For
notification purposes only; public hearings will be scheduled ata later date if necessary.)
8. Administrative Order:
D001457 Addition of $1,252.00 to the contract for thedemolition /site clearance of 1032 Conway Street.
Noted as on file in the City Clerk's Office
9. Resolution - 98 -168 - Approving the 1997 -1998 Agreement betweenthe City of Saint Paul and the
Classified Confidential EmployeesAssociation. (To be laid over one week for adoption)
Laid over to March 18 for adoption
10. Resolution - 98 -169 - Approving the Amendment to the 1997- 1999Collective Bargaining Agreement
between the City of Saint Paul andthe Saint Paul Police Federation. (To be laid over one week
foradoption)
Laid over to March 18 for adoption
11. Resolution - 98 -170 - Approving the appointment ofCouncilmember Michael Harris to the Saint
Paul /Ramsey CountyChildren's Initiative Board of Directors.
Adopted Yeas - 7 Nays - 0
12. Resolution - 98 -171 - Approving the appointment ofCouncilmember Kathy Lantry to the Family
Housing Fund Board ofDirectors.
Adopted Yeas - 7 Nays - 0
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13. Resolution - 98 -172 - Approving the appointment ofCouncilmember Kathy Lantry to the Twin City
Area Lab or-ManagementCouncil Board of Directors.
Adopted Yeas - 7 Nays - 0
14. Resolution - 98 -173 - Urging the National League of Cities totake a leadership role in reducing
greenhouse gas emissions.
Adopted Yeas - 7 Nays - 0
15. Resolution - 98 -174 - Finalizing City Council action takenDecember 10, 1997 denying the appeal of
Mary Lou Law to a decision ofthe Planning Commission denying a non - conforming use permit
toestablish that a duplex is a legal non - conforming use of property at1354 Birmingham Avenue.
Adopted Yeas - 7 Nays - 0
16. Resolution - 98 -175 - Recommending that fees be waived when anappeal of a Zoning Administrator,
Planning Commission or Board ofZoning Appeals decision is commenced by a neighborhood
districtcouncil.
Laid over to April 8 Yeas - 7 Nays - 0
17. Resolution - 98 -176 - Establishing a new project in the 1998Capital Improvement Budget entitled
Harding Tennis Courts - Construction.
Adopted Yeas - 7 Nays - 0
18. Resolution - 98 -177 - Amending the Dayton's Bluff RecreationCenter building project budget.
Adopted Yeas - 7 Nays - 0
19. Resolution - 98 -178 - Establishing a new project in the 1998Capital Improvement Budget entitled
Harriet Island ParkReconstruction.
Adopted Yeas - 7 Nays - 0
20. Resolution - 98 -179 - Authorizing the proper City officials toapply to the Department of Natural
Resources for funding for theHighwood Park Preserve Acquisition Project.
Adopted Yeas - 7 Nays - 0
21. Resolution - 98 -180 - Authorizing the proper City officials toapply to the Department of Natural
Resources for funding for theGroveland Recreation Center Play Area Reconstruction Project.
Adopted Yeas - 7 Nays - 0
22. Resolution - 98 -181 - Authorizing the Division of Parks andRecreation to undertake a Pest Control
Program on City parkproperties and post notification of same.
Adopted Yeas - 7 Nays - 0
23. Resolution - 98 -182 - Amending the spending and financingplans in the Department of Public
Works for the Phalen WetlandRestoration Project by adding funding from the Port Authority
andMetropolitan Council.
Adopted Yeas - 7 Nays - 0
24. Resolution - 98 -183 - Approving contracts with Koll, Morrisonand Charpentier, and Jardine, Logan
and O'Brien law firms to providelegal professional services in workers' compensation matters.
Adopted Yeas - 6 Nays - 0 Abstention -1 (Benanav)
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25. Preliminary Order - 98 -184 - In the matter of condemning andtaking a temporary easement in
connection with the improvement ofSwede Hollow Park, and setting date of public hearing for April
22,1998. (File 418862 E2)
Adopted Yeas - 7 Nays - 0
26. Preliminary Order - 98 -185 - In the matter of improving thealley in Block 5, St. Anthony Park North
(bounded by Dudley,Grantham, Hoyt and Chelmsford) by grading and paving with bituminousmaterial,
and setting date of public hearing for April 22, 1998.(File 418867)
Adopted Yeas - 7 Nays - 0
27. Preliminary Order - 98 -186 - In the matter of condemning andtaking an easement in the land
necessary for the slope, cuts andfills in connection with the grading and paving of the alley in Block5,
St. Anthony Park North (bounded by Dudley, Grantham, Hoyt, andChelmsford), and setting date of
public hearing for April 22, 1998.(File 418867 -S)
Adopted Yeas - 7 Nays - 0
28. Preliminary Order - 98 -187 - In the matter of improving thealley in Block 158, Robertson's Addition
(bounded by Bellows, Delos,Bidwell & Isabel), by grading and paving with bituminousmaterial, and
setting date of public hearing for April 22, 1998.(File 418868)
Adopted Yeas - 7 Nays - 0
29. Preliminary Order - 98 -188 - In the matter of condemning andtaking an easement in the land
necessary for the slope, cuts andfills in connection with the grading and paving of the alley in Blockl58,
Robertson's Addition (bounded by Bellows, Delos, Bidwell, &Isabel), and setting date of public hearing
for April 22, 1998. (File 418868 -S)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
30. Presentation by the Treasury Division on the fees and costsfor bond issuance. (Laid over from
February 25) (See C.F. 98- 117adopted February 11, 1998)
Laid over to April 8 Yeas - 7 Nays - 0
31. Report by the Office of the City Attorney and the FinanceDepartment regarding policies,
expenditures, and budget related tothe hiring of private legal and lobbying services on behalf of theCity
of Saint Paul. (Requested by Council on February 11; C.F.98 -117)
Pig Birk, City Attorney, and Joe Reid, Budget Office, presented areport.
32. Report by the Fire Department on its work plan in response toCouncil Research Performance Audit
Recommendations (requested by theCouncil on December 3, 1997; C.F. 97 -1437; laid over from
February25) and a report from the Mayor regarding the Fire Chief.
Laid over to March 18 Yeas - 7 Nays - 0
33. Administrative Order:
D001447 Amending the 1997 budget of the Housing and RedevelopmentAuthority Debt Service Fund to
reflect correction to object codes,increases in sales tax revenue and STAR funds, and decrease due
tointerim funding not needed for Lawson project. (Laid over from March4)
Laid over to March 25 Yeas - 7 Nays - 0
34. Report by Pam Wheelock, Department of Planning and EconomicDevelopment, on
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recommendations and criteria for applying the VendorOutreach program to the Department's economic
development programs,and the results of the initial application. (Per C.F. 97 -1037 adoptedAugust 27,
1997) (Laid over from March 4)
Laid over to March 25 Yeas - 7 Nays - 0
35. Resolution - 98 -120 - Finalizing City Council action takenJanuary 28, 1998 concerning adverse
action against licenses held byBilly's on Grand, 857 Grand Avenue. (Laid over from March 4)
Adopted Yeas - 7 Nays - 0
ORDINANCES
36. First Reading - 98 -189 - An ordinance finalizing City Councilaction taken February 4, 1998
approving the petition of Ju H. Lee torezone property at 1567 7th Street West from RM -2 to OS -1.
(Publichearing held February 4, 1998)
Laid over to March 18 for second reading
37. First Reading - 98 -190 - An ordinance amending C.F. 98- 43relating to a replacement franchise for
cable service.
Laid over to March 18 for second reading
PUBLIC HEARINGS
38. Public hearing to consider the appeal of the Snelling HamlineCommunity Council to a decision of
the Planning Commission granting asign variance at 326 North Snelling Avenue.
Motion of Intent - Appeal Granted
Yeas - 6 Nays - 1 (Reiter)
39. Public hearing to consider the appeal of Michel & ScotTaylor to a decision of the Board of Zoning
Appeals denying avariance of the minimum lot size requirements in order to add a fifthapartment unit to
an existing four unit building at 1328 North DaleStreet. (Laid over from February 25)
Motion of Intent - Appeal Denied
Yeas - 6 Nays - 0 Abstention -1 (Reiter)
40. Resolution - 98 -153 - Approving application for a Liquor OnSale license by Calvin's Inc., 244 7th
Street West. (ID 419970000192) (Laid over from February 25)
Laid over to March 18 Yeas - 7 Nays - 0
41. Resolution - 98 -191 - Approving application for a State C1assB Gambling Premise Permit by Gavin
Burnham on behalf of MinnesotaBrass at Michael's, 1179 East 7th Street. (ID 4B- 00444)
Adopted Yeas - 7 Nays - 0
42. Resolution - 98 -192- Approving application for Gas Station andCigarette /Tobacco Licenses by
Seaport Inc., dba Total, 281 SnellingAvenue North. (ID 419980000054)
Adopted Yeas - 7 Nays - 0
43. Resolution - 98 -193 - Approving application for an Auto RepairGarage License by A -Z All Auto
Repair and Body, 411 Wabasha StreetSouth. (ID 419970000193)
Adopted Yeas - 7 Nays - 0
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44. Resolution - 98 -194 - Approving application for Grocery Gas Station, and Cigarette /Tobacco
Licenses by Mini Pac Inc., dbaAshland Station, 1170 Arcade Street. (ID 419970000216)
Adopted Yeas - 7 Nays - 0
45. Resolution - 98 -195 - Approving application for a GamblingManager License by Roger Chelberg,
dba Anderson Nelson VFW Post 1635,648 Lawson Avenue East. (ID 419980000439)
Adopted Yeas - 7 Nays - 0
46. Resolution - 98 -196 - Approving application for a ParkingLot/Parking Ramp License by Great Lakes
Reit Inc, 2550 UniversityAvenue West. (ID 419970000051)
Adopted Yeas - 7 Nays - 0
47. Resolution - 98 -197 - Approving the application of Gabe's ByThe Park, 991 Lexington Avenue
North, for a sound level variance toallow live music from 5:00 p.m. to midnight in a tent adjacent to
thelicensed premises on March 13, 14 & 17, April 17 & 18, Junel2 & 13, and October 30 & 31, 1998.
Adopted Yeas - 7 Nays - 0
48. Resolution - 98 -76 - Approving public acquisition of 915- 917Ashland Avenue, Summit University
District 8. (Laid over fromFebruary 11)
Substitute introduced and adopted
Yeas - 6 Nays - 0 (Harris not present for vote)
49. Resolution - 98 -198 - To consider the release of a part ofvacated Eighth Street in Swede Hollow
Park to clear title to aproperty.
Adopted Yeas - 6 Nays - 0 (Coleman not present for vote)
50. Final Order - 98 -38 - In the matter of improving the alley inBlock 19, Merriam Park Addition
(bounded by Iglehart, Wilder, Carrolland Moore), by grading and paving with bituminous material.
(File #18865) (Laid over from February 11)
Failed Yeas - 0 Nays - 7
51. Final Order - 98 -39 - In the matter of improving the alley inBlock 19, Merriam Park Addition
(bounded by Iglehart, Wilder, Carrolland Moore), by grading and paving with bituminous material.
Also,condemning and taking an easement in the land necessary for theslopes, cuts and fills in the
grading and paving of said alley. (File 418865 -5) (Laid over from February 11)
Failed Yeas - 0 Nays - 7
52. Public hearing to consider a petition which alleges a publicnuisance at 556 -558 Blair Avenue. (Laid
over from February 11) (To belaid over to March 25)
Laid over to April 8 Yeas - 7 Nays - 0
53. Appeal of Mary Dabney to a summary abatement order for propertyat 790 Laurel Avenue.
(Legislative Hearing Officer recommends denial)(Laid over from February 11)
Withdrawn Yeas - 7 Nays - 0
54. Resolution - 98 -199 - Approving the decision of theLegislative Hearing Officer on Property Code
Enforcement Appeals forproperty at 1820 Larpenteur Avenue East, 1825 Idaho Avenue East, and782
Fourth Street East.
Adopted Yeas - 7 Nays - 0
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55. Resolution - 98 -200 - Ordering the owner to remove or repairthe building at 26 Acker Street West
within fifteen (15) days fromadoption of resolution. (Legislative Hearing Officer recommendsallowing
the owner six months to complete rehabilitation provided acode compliance inspection is completed and
a $2,000 bond is postedby noon, March 11)
Adopted (remove or repair within 15 days)
Yeas - 7 Nays - 0
56. Resolution - 98 -201 - Ordering the owner to remove or repairthe building at 977 Burr Street within
fifteen (15) days fromadoption of resolution. (Legislative Hearing Officer recommends approval)
Adopted Yeas - 7 Nays - 0
57. Resolution - 98 -202 - Ordering the owner to remove or repairthe building at 202 Charles Avenue
within fifteen (15) days fromadoption of resolution. (Legislative Hearing Officer recommendslaying
over to the June 2 Legislative Hearing)
Adopted (remove or repair within 15 days)
Yeas - 4 Nays - 3 (Benanav, Coleman, Harris)
58. Resolution - 98 -203 - To consider the vacation of streets forconstruction of the new Science
Museum.
Adopted Yeas - 7 Nays - 0
59. Appeal of JoAnne Nixon and David Tonnar to a Summary AbatementOrder for property at 842
Edmund Avenue. (Legislative Hearing Officerrecommends denying the appeal)
Appeal Denied Yeas - 7 Nays - 0
60. Public hearing to consider the appeal of Darrell Tilmon to adecision of the Planning Commission
denying a special condition usepermit to allow outdoor rental of U -Haul trucks and trailers at 672Arcade
Street (northeast corner of Arcade and Margaret).
Motion of Intent - Appeal Denied Yeas - 7 Nays - 0
upon adjournment, the Council Reconvened as the Housing and Redevelopment Authority
Minutes here
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