Minutes 5-6-1998Page 1 of 8
ACTION MINUTES OF THESAINT PAUL
CITY COUNCIL
Wednesday,May 6, 1998 - 3:30 -5:00 P.M.
PUBLIC HEARINGS5:30 -6:30 P.M.
CITY COUNCIL CHAMBERS,3RD FLOOR
City Hall andCourt House
15 West KelloggBoulevard
Nancy Anderson, Assistant Secretaryto the Council
Mary Erickson, Clerical Support- 266 -8565
Office of the City Council
Present - 6 - Benanav,Blakey, Bostrom, Harris, Lantry, Reiter
Absent - 1 - Coleman(arrived after the consent agenda)
Web Index
• ConsentAgenda
• ForAction
• ForDiscussion
• Ordinances
• PublicHearings
• Miscellaneous
• SuspensionItems
CONSENTAGENDA (Items I - 27)
NOTE: ALL ITEMS LISTED UNDER CONSENTAGENDA WILL BE ENACTED BY ONE
MOTION. THERE WILL BE NO SEPARATE DISCUSSIONOF THESE ITEMS. IF DISCUSSION IS
DESIRED, THAT ITEM WILL BE REMOVED FROMTHE CONSENT AGENDA AND
CONSIDERED SEPARATELY.
FOR ACTION
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171515\Minutes 5 -... 12/15/2010
Page 2 of 8
1. Approval of minutesof March 11 and 18, 1998.
Adopted Yeas -6 Nays - 0
2. Claims of EvelynBerger, Layne Carver, Colleen McGrath, and Kim Wheeler.
Referred to EmployeeRisk Management Division
3. Letter from theOffice of the City Attorney announcing a public hearing before the CityCouncil on
May 13, 1998 concerning lapse in liquor liability insuranceof Debra Johnson, dba Sports Break, 1199
Rice Street. (Uncontested)
4. Letter from theOffice of the City Attorney announcing a public hearing before the CityCouncil on
May 13, 1998 concerning unlawful sale of alcohol by L. &K.Corporation, dba Quick Stop Liquor, 824
7 Street East. (Uncontested)
5. Letter from theOffice of the City Attorney announcing a hearing before an AdministrativeLaw Judge
on May 27, 1998, 9:30 a.m., in the Office of the Board of RamseyCounty Commissioners, Room 220,
Conference Room B, City Hall - Courthouse, concerning licenses held by Michael Bartelmy, dba Mike's
Towing, 847 HudsonRoad.
6. Letter from theOffice of License, Inspections and Environmental Protection announcinga public
hearing before the City Council on May 13, 1998 to consider theapplication for a sound level variance
by the St. Paul Saints BaseballClub for music concerts to be held at Midway Stadium on June 14, 1998
from2:00 p.m. to 9:00 p.m. and June 27 & 28, 1998 from 1:00 p.m. to 10:00p.m.
7. Letters from theDepartment of Fire and Safety Services /Property Code Enforcement declaring240
Belvidere Street East, 516 Como Avenue, 17 Congress Street West, and921 -927 Selby Avenue (917
Selby Avenue) as "nuisance properties" and settingdate of Legislative Hearings for May 19, 1998 and
City Council Hearingsfor May 27, 1998.
8. Letters from theDepartment of Fire and Safety Services /Property Code Enforcement declaring558
Grotto Street North, 1204 Edgerton Street, 1779 Reaney Avenue, and711 Sherburne Avenue as
"nuisance properties." (For notification purposesonly; public hearings will be scheduled at a later date if
necessary.)
9. Letter from RamseyCounty Property Records and Revenue, Valuation Division requesting a
reductionin assessed valuation and reclassification for various properties acquiredby Metropolitan State
University. (#AC97 -6095) (Real Estate Division recommends approval)
Adopted Yeas -6 Nays - 0
10. Letter from theReal Estate Division recommending approval of the request from Ramsey
CountyProperty Records and Revenue, Valuation Division, requesting a reclassificationof property
located at 1088 Barclay Street. (#AX98 -0015)
11. Letter from theDepartment of Planning and Economic Development announcing a public
hearingbefore the City Council on May 13, 1998 to consider the appeal of "TheNeighborhood" to a
decision of the Planning Commission approving a specialcondition use permit to allow a cluster
development with ten (10) dwellingunits on property located at the southwest quadrant of Lexington
ParkwaySouth and St. Clair Avenue.
12. Resolution - 98 -357- Finalizing City Council action taken February 25, 1998 denying the appealof
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171515\Minutes 5 -... 12/15/2010
Page 3 of 8
Gregory and Carol Clark and Patricia Leonard to a decision of the HeritagePreservation Commission
granting approval of a building permit to constructa structure with one dwelling unit and four garages at
420 Portland Avenue.
Adopted Yeas -6 Nays - 0
13. Resolution - 98 -358- Finalizing City Council action taken March 25, 1998 grant the appealof
Beverly Carlson, with conditions, to a decision of the Planning Commissiondenying a request for a
special condition use permit to allow an auto specialtystore for selling, repairing and mounting used tires
at 705 East 7th Street.
Adopted Yeas -6 Nays - 0
14. Resolution - 98 -359- Finalizing City Council action taken March 25, 1998 denying the appealof
John and Joanne Valiukas to a decision of the Planning Commission denyinga determination of similar
use to determine whether growing nursery stockand crops, along with retail sales of gardening supplies,
is an agriculturaluse and therefore permitted in a residential zoning district at 13XX PointDouglas Road.
Adopted Yeas -6 Nays - 0
15. Resolution - 98 -360- Referring to the Saint Paul Charter Commission an ordinance that wouldamend
the Charter to provide for voting requirements in case of abstentionsfor conflict of interest.
Adopted Yeas -6 Nays - 0
16. Resolution - 98 -361- Authorizing the Department of Fire and Safety Services to enter intoan
agreement with Hamline University to rent facilities for graduationceremonies for new fire fighter
recruits on June 11 & 12, 1998.
Adopted Yeas -6 Nays - 0
17. Resolution - 98 -362- Authorizing the City Attorney's Office to accept photographs taken bythe Saint
Paul Arts and Diversity Committee Style Subgroup of office workareas.
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 awardedduring 1997.
Adopted Yeas -6 Nays - 0
19. Resolution - 98 -364- Approving a sewer maintenance agreement between the City of Saint Pauland
the Metropolitan Council Environmental Services for the period January 1, 1998 through December 31,
1998.
Adopted Yeas -6 Nays - 0
20. Resolution - 98 -365- Approving a Special Law passed by the 1998 Legislature for the pensionfor the
widow of Donald Juenemann.
Adopted Yeas -6 Nays - 0
21. Resolution - 98 -366- Approving a budget amendment to provide funds for the pension for thewidow
of Donald Juenemann.
Adopted Yeas -6 Nays - 0
22. Resolution - 98 -367- Approving the guidelines and project recommendations for the 1998
Children'sPlay Equipment Program.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171515\Minutes 5 -... 12/15/2010
Page 4 of 8
Adopted Yeas -6 Nays - 0
23. Resolution - 98 -368- Authorizing the City to accept $1,627,417 of federal funds from the Stateof
Minnesota to assist welfare recipients through Welfare to Work Programming.
Adopted Yeas -6 Nays - 0
24. Resolution - 98 -369- Approving the release of utility easements in part of vacated KennethStreet
between St. Clair Avenue and Sargent Avenue.
Adopted Yeas -6 Nays - 0
25. Resolution - 98 -370- Approving a contract between the City of Saint Paul and Ramsey
Countywhereby the City provides the recording and cablecasting of Ramsey CountyBoard and
Committee meetings and Ramsey County pays the City for theseservices.
Adopted Yeas -6 Nays - 0
26. Resolution - 98 -371- Approving City participation with Ramsey County in developing a jointplan
for the 800 MHZ system.
Adopted Yeas -6 Nays - 0
27. Preliminary Order- 98 -372 - In the matter of sidewalk reconstruction on both sides of JenksAve.
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. fromGreenbrier 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. fromGreenbrier St. to
Walsh St.; and the north side of E. Wheelock Pkwy. fromWalsh St. to Weide St. and setting date of
public hearing for July 8, 1998.(File 4S98029, S98033)
Adopted Yeas -6 Nays - 0
FORDISCUSSION
28. Presentation bythe Treasury Division on the fees and costs for bond issuance. (Laid overfrom April
8) (See C.F. 98 -117 adopted February 11, 1998)
Laid over to May27 Yeas - 7 Nays - 0
29. Resolution - 98 -214- Approving new minimum qualifications for the Engineering Aide I and
Hclassifications. (Adopted on April 1, 1998, reconsidered and laid overfrom April 8) (Laid over from
April 22)
Adopted Yeas -7 Nays - 0
30. Report by the Mayor'sAdministration on a work plan for the payroll system. (Requested by
Councilon April 22)
A report was presentedby Peter Hames, Department of Technology and Management Services.
The Councilrequested that the Mayor's Administration, after consultation with theCity Attorney's
Office, report back on May 27 regarding legal options relativeto the payroll system.
The Council, bymotion, expressed approval of the Administration's plan to go forward withthe
payroll system as presented. Yeas - 7 Nays - 0
31. Report by the Officeof License, Inspections and Environmental Protection on the developmentof a
system to review permit holder actions and take appropriate adverseaction against the permit holder.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171515\Minutes 5 -... 12/15/2010
Page 5 of 8
(Requested by C.F. 98 -221 adopted March25, 1998)
A report was presentedby Robert Kessler, Director, Office of License, Inspections and
EnvironmentalProtection.
ORDINANCES
32. Second Reading - 98 -349- An ordinance amending Chapter 409 of the Saint Paul Legislative Codeto
permit charitable organizations to operate additional pull -tab dispensingdevices at permitted locations.
Laid over to May13 for third reading /public hearing
33. Second Reading- 98 -350 - An ordinance amending the Saint Paul Legislative Code by
designatingthat Maple Street, bounded by East Third Street and Conway Street, becomea one -way street.
Laid over to May13 for third reading /public hearing
34. First Reading -98 -373 - An ordinance amending Chapter 361 of the Legislative Code to requiretow
companies to verify the vehicle status prior to towing and to notifythe last known owner of the vehicle.
Laid over to May13 for second reading
35. First Reading -98 -374 - An ordinance amending the Saint Paul Charter to provide for
votingrequirements in case of abstentions for conflict of interest.
Laid over to May13 for second reading
36. First Reading -98 -375 - An ordinance to regulate conflicts of interest for City officialsand employees
who are offered, or leave the City for, private employment.
Laid over to May13 for second reading
(Coleman was excusedfrom the meeting at this time)
PUBLICHEARINGS
37. Third Reading - 98 -308- An ordinance amending Chapter 317 of the Saint Paul Legislative Codeto
create a temporary amusement ride license.
Laid over to May13 for final adoption
38. Third Reading -98 -309 - An ordinance repealing Chapter 349 of the Saint Paul LegislativeCode
pertaining to licensure of rental clothing.
Laid over to May13 for final adoption
39. Third Reading -98 -310 - An ordinance repealing Chapter 379 of the Saint Paul LegislativeCode
pertaining to licensure of locksmiths.
Laid over to May13 for final adoption
40. Third Reading -98 -311 - An ordinance amending Chapter 417 of the Saint Paul LegislativeCode
regarding parking lots; clarifying the distinction between a parkinglot and parking garage, removing the
advisory committee requirement, andspecifying the minimum standards for structural condition surveys.
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171515\Minutes 5 -... 12/15/2010
Page 6 of 8
Laid over to May13 for final adoption
41. Resolution - 98 -316- Approving application for a Malt Off Sale License by Foodsmart LLC,
544University Avenue West. (ID 40035509) (Laid over from April 22)
Adopted Yeas -6 Nays - 0
42. Resolution - 98 -376- Approving application for Liquor On Sale- Sunday, Liquor On Sale
(A),Gambling Location (Class A), Entertainment (B), and Cigarette /Tobacco Licensesby CAB's Pub &
Eatery, Inc, 992 Arcade Street. (ID 419980000376)
Substitute introducedand adopted Yeas - 6 Nays - 0
43. Resolution - 98 -377- Approving a Housing Replacement District Plan.
Adopted Yeas -6 Nays - 0
44. Resolution - 98 -378- Approving the decision of the Legislative Hearing Officer on PropertyCode
Enforcement Appeals for property located at: 503 Cleveland AvenueNorth, 118 Litchfield Street, 1320,
1326, 1336 Mississippi Street, and56 Cook Avenue West.
Adopted Yeas -6 Nays - 0
45. Resolution - 98 -379- Ordering the owner to remove or repair the building at 780 Charles
Avenuewithin five (5) days from adoption of resolution. (Legislative HearingOfficer recommends
allowing the owner six months to complete rehabilitationprovided that a code compliance inspection is
done, the $200 vacant buildingfee is paid, and a $2,000 bond is posted by noon May 6)
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
AvenueEast within fifteen (15) days from adoption of resolution. (LegislativeHearing Officer
recommends laying over to the May 19 Legislative Hearingand the May 27 City Council meeting)
Laid over to May27 Yeas - 6 Nays - 0
47. Resolution - 98 -381- Ordering the owner to remove or repair the building at 1291 Rice Streetwithin
fifteen (15) days from adoption of resolution. (Legislative HearingOfficer recommends allowing the
owner six months to complete rehabilitationprovided a $2,000 bond is posted by noon May 13) (Note:
public testimonywill not be taken; this item will be laid over to May 13)
Laid over to May13 Yeas - 6 Nays - 0
48. Resolution - 98 -382- Ordering the owner to remove or repair the building at 860 Robert StreetSouth
within fifteen (15) days from adoption of resolution. (LegislativeHearing Officer recommends laying
over to the May 19 Legislative Hearingsand May 27 City Council Meeting)
Laid over to May27 Yeas - 6 Nays - 0
49. Resolution RatifyingAssessment - 98 -383 - In the matter of an abandoned vehicles at 1792
PortlandAvenue and 226 Belvidere Street E., and summary abatements (grass cutting)at 853 Fourth
Street E. and 1645 Iglehart Avenue. (File 4J97ABDV1 (9785),J97ABDV2 (9786), J97TDBC11 (9788)
(Addresses laid over from April 22) (LegislativeHearing Officer recommends approval)
Adopted as amendedYeas - 6 Nays - 0
50. Appeal of JamesSwick to a Summary Abatement Appeal for property at 752 Laurel Avenue.
(Legislative Hearing Officer recommends denial)
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171515\Minutes 5 -... 12/15/2010
Page 7 of 8
Appeal Denied Yeas- 6 Nays - 0
51. Resolution - 98 -384- To consider the vacation of part of Hubbard Avenue east of Avon Streetto
allow for the construction of a plant platform as part of the petitioner'splat remodeling project.
Adopted Yeas -6 Nays - 0
52. Final Order - 98 -352- In the matter of condemning and taking of property rights as requiredfor the
Phalen Village Public Improvements Project east of Johnson Parkwayand south of Maryland Avenue.
(File 418871) (Laid over from April 29)
Substitute introducedand adopted Yeas - 6 Nays - 0
53. Resolution RatifyingAssessment - 98 -385 - In the matter of condemning and taking a
temporary easement for the improvement of Swede Hollow Park. (File 418862 E2)
Adopted Yeas -6 Nays - 0
54. Public hearingto consider the application of Kevin Tramm Construction for a preliminaryand final
plat to allow the property at 895 McKnight Road to be subdividedinto 16 lots for residential
development.
Motion of Intent- Application Granted (16 lots for 16 homes)
Yeas - 6 Nays -0
55. Public hearingto consider the application of Richard Eitel to rezone property from R- 2(single- family
residential) to B -3 (general business) for the purpose ofconstructing and operating an auto repair facility
at the southwest cornerof Larpenteur Avenue and I -35E frontage road (west side of freeway).
Motion of Intent- Application Granted
Yeas - 6 Nays -0
MISCELLANEOUS
56. Recognition of RetiringCity Employee Jacqueline Thompson, Public Health.
Jacqueline Thompson,Public Health, was recognized
SusmnsionItems
Resolution - 98 -386 - Waiving the 60% consent requirement for a block party /special event permitfor
Grand Old Day to be held on June 7, 1998.
Adopted Yeas -7 Nays - 0
Resolution - 98 -387- Approving and authorizing the execution of a memorandum of understandingwith
RK Midway LLC regarding the remediation of pollution on the MidwayCenter Site.
Adopted Yeas -7 Nays - 0
Resolution - 98 -388- Proclaiming May 11, 1998 to be "Stacy Offner Day" in Saint Paul in recognitionof
her 10 anniversary as Rabbi at Shir Tikvah Synagogue.
Adopted Yeas -7 Nays - 0
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171515\Minutes 5 -... 12/15/2010
Page 8 of 8
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171515\Minutes 5 -... 12/15/2010