Minutes 7-22-1998Page 1 of 7
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, July 22, 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 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry,Reiter
Absent - 0
Web Index
• Consent Agenda
• For Action
• For Discussion
• Ordinances
• Public Hearings
• Housing and Redevelopment Authority
• Suspension Items
CONSENT AGENDA
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
The following communications were read into the record by NancyAnderson, Assistant Secretary to the
City Council:
Letter from Fire and Safety Services/Property Code Enforcementdeclaring 1204 Edgerton Street as a
"nuisance property" and settingdate of Legislative Hearing for August 4, 1998 and City CouncilHearing
for August 12, 1998.
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_172344\Minutes 7 -... 12/15/2010
Page 2 of 7
Letter from the Department of Planning and Economic Developmentannouncing a public hearing before
the City Council on August 5,1998, to consider the appeal of Laura and Joseph Benysek, to adecision of
the Board of Zoning Appeals denying a setback varianceand a minimum lot size variance in order to
split a lot and constructa new single family home at 858 South Point Douglas Road.
1. Letter from the Real Estate Office announcing a public hearingbefore the City Council on August 5,
1998 to consider the vacation ofa 10 foot strip of old West Seventh Street lying under the RiverCentre
Arena.
2. Letter from the Real Estate Division announcing a public hearingbefore the City Council on August 5,
1998 to consider the vacation ofcertain right -of -way easements in Swede Hollow Park
3. Letter from the Department of Fire and Safety Services /PropertyCode Enforcement declaring 667
Charles Avenue and 312 Erie Street as "nuisance properties." (For notification purposes only;
publichearings will be scheduled at a later date if necessary.)
4. Resolution - 98 -648 - Approving the decision of the LegislativeHearing Officer on Property Code
Enforcement Appeals for propertylocated at 2196 Mailand Road.
Adopted Yeas - 7 Nays - 0
5. Resolution - 98 -649 - Approving the decision of the LegislativeHearing Officer on Property Code
Enforcement Appeals for propertylocated at 1564 Upper Afton Road, 392 University Avenue, 1781
SimsStreet, 549 Dayton Avenue, 1148 Seventh Street West, and 2196 MailandRoad.
Adopted Yeas - 7 Nays - 0
6. Resolution - 98 -650 - Finalizing City Council action taken July 8,1998 concerning licenses held by
Michael Bartelmy, dba Mike's Towing,847 Hudson Road.
Adopted Yeas - 7 Nays - 0
7. Resolution - 98 -651 - Finalizing City Council action taken June24, 1998 granting the appeal of Anoka
Metro Regional Treatment Centerto a decision of the Planning Commission denying a special
conditionuse permit to allow a licensed human services community residentialfacility at 690 Como
Avenue.
Adopted Yeas - 7 Nays - 0
8. Resolution - 98 -652 - Suspending license of National Pawnbrokers,lnc., 136 East 10th Street, for
delinquent taxes owed to the State ofMinnesota.
Adopted Yeas - 7 Nays - 0
9. Resolution - 98 -653 - Establishing a spending plan in the PoliceDepartment that will be reflective of
the remaining grant balancefrom the U.S. Department of Justice, COPS Office, for thecontinuation of
developing a high speed computer network to link allpolice facilities and offices.
Adopted Yeas - 7 Nays - 0
10. Resolution - 98 -654 - Establishing a spending plan in the PoliceDepartment that will be reflective of
the remaining grant balancefrom the U.S. Department of Justice, COPS Office, for the
RecordsManagement Automation System.
Adopted Yeas - 7 Nays - 0
11. Resolution - 98 -655 - Authorizing the Housing Information Officeto submit a HUD supportive
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_172344\Minutes 7 -... 12/15/2010
Page 3 of 7
housing service grant.
Adopted Yeas - 7 Nays - 0
12. Resolution - 98 -656 - Authorizing the proper City officials toamend Lease Agreement CS /16 to add
Outlot A, Energy Park to theleased premises to provide improved access to and ample parking spacefor,
the Ramsey County Oscar Johnson Artificial Ice Arena.
Adopted Yeas - 7 Nays - 0
13. Resolution - 98 -657 - Giving final approval of 1999 Residential Street Vitality Project Areas and
tentative approval of 2000- 2003Project Areas.
Laid over to August 5 Yeas - 7 Nays - 0
14. Resolution - 98 -658 - Authorizing the process to begin ofremoving homes and constructing a dry
basin holding pond in theHoyt /Montana neighborhood.
Adopted Yeas - 7 Nays - 0
15. Preliminary Order - 98 -659 - In the matter of sidewalkreconstruction on the west side of Chester
Street from East P1atoBoulevard to East Lafayette Road and the south side of East P1atoBoulevard from
Chester Street to East Lafayette Road, and settingdate of public hearing for August 12, 1998. (File
4S98109)
Adopted Yeas - 7 Nays - 0
16. Preliminary Order - 98 -660 - In the matter of condemning andtaking of property rights as required
for the Jimmy Lee RecreationCenter Acquisition and Redevelopment Project, and setting date ofpublic
hearing for August 12, 1998. (File 418880)
Adopted Yeas - 7 Nays - 0
17. Resolution Approving Assessment - 98 -661 - In the matter of theassessment of benefits, cost and
expenses for the level of operationand maintenance for the Town Square "Public Spaces" located
withinCedar, Seventh, Minnesota and Sixth Streets for the period of July 1,1998 to June 30, 1999, and
setting date of public hearing forSeptember 9, 1998. (File 418113 -98)
Adopted Yeas - 7 Nays - 0
18. Resolution Approving Assessment - 98 -662 - In the matter ofimproving White Bear Avenue from
Conway Street to Fremont Avenue, andsetting date of public hearing for August 12, 1998. (File 418772)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
19. Consideration of the application of William Dunnigan to rezoneproperty from RT -2 (Townhouse
Residential District) to B -3 (GeneralBusiness District) for expansion of an existing auto repair
andservice station at 3 65 -3 67 Smith Avenue North. (Public hearing heldMay 27; laid over from June 10)
Motion of Intent - Application Denied Yeas - 7 Yeas - 0
20. Consideration of the application of Jerome LaCroix to rezoneproperty from RT -2 (Townhouse
Residential District) to B -3 (GeneralBusiness District) for expansion of an existing auto repair
andservice station at 371 Smith Avenue North. (Public hearing held May27; laid over from June 10)
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_172344\Minutes 7 -... 12/15/2010
Page 4 of 7
Motion of Intent - Application Denied Yeas - 7 Yeas - 0
21. Resolution - 98 -632 - Authorizing application for the LiveableCommunities Demonstration
Program. (Laid over from July 15)
Adopted Yeas - 5 Nays - 2 (Blakey, Harris)
22. Resolution - 98 -634 - Suspending licenses held by Jazzville,Inc., 486 Robert Street North, for
delinquent taxes owed to the Stateof Minnesota. (Laid over from July 15)
Laid over to August 5 Yeas - 7 Nays - 0
23. Presentation by Lynn Wolfe and Bob Piram, Division of Parks andRecreation, on the Como Park
Zoo and Conservatory Results.
Presentation was made by Lynn Wolfe and Bob Piram, Division ofParks and Recreation.
ORDINANCES
24. Final Adoption - 98 -550 - An ordinance amending Chapter 409 ofthe Saint Paul Legislative Code to
permit the issuance of onetemporary wine and one temporary liquor license within the samethirty -day
period. (Substitute introduced July 8)
Adopted Yeas - 7 Nays - 0
25. Final Adoption - 98 -551 - An ordinance amending Saint PaulLegislative Code §410.10 to eliminate
the limitation on thenumber of temporary licenses which can be obtained within athirty -day period.
Adopted Yeas - 7 Nays - 0
26. Final Adoption - 98 -552 - An ordinance finalizing City Councilaction approving a petition of
Richard E. Eitel to rezone propertylocated at the southwest corner of Larpenteur Avenue and the I-
35Efrontage road from R -2 to B -3.
Adopted Yeas - 7 Nays - 0
PUBLIC HEARINGS (public hearings willbegin at 5:30 p.m.)
27. Third Reading - 98 -601 - An ordinance amending Saint PaulLegislative Code Chapter 50 pertaining
to individual sewage treatmentsystems to incorporate changes made necessary by amendments
toMinnesota Statute §115.55 and to update the ordinance to providefor efficient enforcement and to
protect the public health, welfareand safety.
Laid over to August 5 for final adoption
28. Resolution - 98 -555 - Approving application for an Auto RepairGarage License by Samn Auto
Repair and Tire Sales, 601 Rice Street.(ID 419980000076) (Laid over from June 24)
Adopted as amended Yeas - 7 Nays - 0
29. Resolution - 98 -663 - Approving application for a Second HandDealer -Motor Vehicle (1st) License
by Mary Costas Enterprises, dbaUniversity Auto Sales & Leasing, 1852 University Avenue West.
(ID 419980000468)
Adopted Yeas - 7 Nays - 0
30. Resolution - 98 -664 - Concerning adverse action against theTaxicab Driver's License held by
Randolph Cook, 514 North PriorAvenue, 411. (Uncontested)
Adopted Yeas - 7 Nays - 0
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_172344\Minutes 7 -... 12/15/2010
Page 5 of 7
31. Resolution - 98 -665 - Concerning adverse action against alllicenses held by Alee, Inc., dba Bourbon
Bar, 691 Dale Street. (Uncontested)
Adopted Yeas - 7 Nays - 0
32. Resolution - 98 -666 - Concerning adverse action against thecigarette license held by Adam's Food,
Inc., 361 Earl Street. (Uncontested)
Withdrawn Yeas - 7 Nays - 0
33. Report of the Administrative Law Judge in the matter of thelicense application of 5005 Properties,
Inc., dba Hillcrest Bingo,1610 White Bear Avenue.
Motion of Intent - License Application denied
Yeas - 4 Nays - 3 (Benanav, Blakey, Harris)
34. Resolution - 98 -566 - Ordering the owner to remove or repair thebuilding at 674 Wells Street within
fifteen (15) days from adoptionof resolution. (Legislative Hearing Officer recommends approval)(Laid
over from June 24)
Laid over to August 26 Yeas - 7 Nays - 0
35. Resolution Ratifying Assessment - 98 -667 - In the matter ofboardings -up of vacant property for
January and February 1998;demolition of vacant buildings for January, February and March, 1998;and
towing of abandoned vehicles for November and December 1997 andJanuary 1998. (File 4J9802B,
J9802C, J9802V)
(Legislative Hearing Officer recommends approval with the followingexceptions:
1004 Jessamine Avenue East - Recommends reducing the storage fee from$550.00 to $275.00 and leave
the service and tow fees the same for atotal assessment of $360.55;
96 Robie Street - Recommends approval of the assessment;
1076 Wakefield Avenue - Recommends approval of the assessment;
943 Wilson Avenue - Recommends approval of the assessment)
Adopted as amended (per recommendation of the Legislative HearingOfficer)
Yeas - 7 Nays - 0
36. Resolution - 98 -668 - Approving the 1998 Minneapolis /St. PaulSingle Family Housing Program and
1998 Home Ownership Program.
Adopted Yeas - 7 Nays - 0
37. Resolution - 98 -669 - Authorizing changes to St. Thomas College(Area 5) Permit Parking Area.
Adopted as amended Yeas - 7 Nays - 0
38. Resolution - 98 -670 - To consider the vacation of Cullen Lane andalley located in Cullen Place to
allow Independent School District 4625 to construct a parking lot at their administration building.
Adopted Yeas - 7 Nays - 0
39. Resolution - 98 -671 - To consider the vacation of that part off orbes Avenue lying easterly of the
east right -of -way line of SmithAvenue and northwesterly of the northwest right -of -way line of West7th
Street to provide parking for the Salvation Army.
Laid over to August 5 Yeas - 7 Nays - 0
40. Final Order - 98 -473 - In the matter of improving the alley inBlock 3, Lake Park Addition (bounded
by Arona, Almond, Snelling andCanfield) by grading and paving with bituminous material.
(File 418873) (Laid over from June 10)
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_172344\Minutes 7 -... 12/15/2010
Page 6 of 7
Laid over to August 26 Yeas - 7 Nays - 0
41. Final Order - 98 -672 - In the matter of direct purchase ofproperty rights to certain properties located
along Hoyt and MontanaAvenues between Kennard and Flandrau Streets. (File 418877)
Adopted Yeas - 7 Nays - 0
42. Final Order - 98 -673 - In the matter of constructing sanitarysewer, water main and service
connections in Marillac Lane fromMcKnight Road to approximately 700 feet west of McKnight Road.
(File 418875, 18875W)
Adopted as amended Yeas - 7 Nays - 0
43. Final Order - 98 -674 - In the matter of condemning and taking aperpetual easement for sewer
purposes in connection with the RailroadIsland Area Improvement Project, near Kenny Road and
Desoto Street.(File 418856E)
Adopted Yeas - 7 Nays - 0
44. Final Order - 98 -675 - In the matter of condemning and takingpermanent easements for the
reconstruction of Shepard Road fromWestern Avenue to approximately 70 feet east of vacated
MarketStreet. (File 418878E)
Adopted Yeas - 7 Nays - 0
45. Resolution Ratifying and Confirming Condemnation and Awards ofDamages and Assessment - 98-
676 - In the mater of condemning andtaking of easements for the Phalen Village Public
ImprovementsProject. (File 418871)
Adopted Yeas - 7 Nays - 0
46.Appeal of Jeffrey Lavik to a summary abatement order forproperty located at 2027 Arlington Avenue
East. (File closed; noaction required)
No action required
47.Appeal of Jeanette G. Kamman to a summary abatement order forproperty located at 53 Dale Street
North. (Legislative HearingOfficer recommends denying the appeal)
Appeal denied Yeas - 7 Nays - 0
48.Appeal of Susan Mercurio to a summary abatement order for propertylocated at 1005 Jessie Street.
(File closed; no actionrequired)
No action required
49.Appeal of Mohammed Shahidullah to a summary abatement order forproperty located at 328
Lexington Parkway North. (Legislative HearingOfficer recommends denying the appeal; however, the
owner will workwith Property Code Enforcement to determine an inexpensivesolution.)
Appeal denied; however, the owner will work with Property CodeEnforcement to determine an
inexpensive solution related to therequired barrier within 30 days
Yeas - 7 Nays - 0
50.Appeal of Randi Madisen to a summary abatement order forproperty located at 1868 Pinehurst
Avenue. (Legislative HearingOfficer recommends denying the appeal)
Appeal granted and $25 appeal filing fee refunded Yeas - 7 Nays -0
51. Resolution Ratifying Assessment - 98 -677 - In the matter ofremoval of diseased trees. (File 49801T)
(Legislative Hearing Officerrecommends approval)
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_172344\Minutes 7 -... 12/15/2010
Page 7 of 7
Adopted Yeas - 7 Nays - 0
52. Public hearing to consider the application of Children's HealthCare to rezone property from B -3
(General Business) to B -5 (CentralBusiness- Service) to allow the entire hospital campus to be in
thesame zoning district at 233 Grand Avenue (north side between I- 35Eand Smith Avenue).
Motion of Intent - Application granted Yeas - 7 Nays - 0
53. Public hearing to consider the application of Chesapeake, Inc.for a preliminary and final plat to
allow the property at 7XX StewartStreet (between Bay and Sumac Streets) to be subdivided into
sevenlots with six family town homes.
Motion of Intent- Application granted Yeas - 7 Nays - 0
Suspension Items
Resolution - 98 -677 - Appointing Councilmember Jim Reiter to theFamily Housing Fund.
Adopted Yeas - 7 Nays - 0
Preliminary Order - 98 -678 - In the matter of sidewalkreconstruction at locations in Wards 1, 2, 3, 4, 5, 6
and 7, andsetting date of public hearing for August 12, 1998. (File 4598085 - 598108 and 598110 -
598132)
Adopted Yeas - 7 Nays - 0
Resolution - 98 -679 - Recognizing and thanking Commander DonWinger, Saint Paul Police
Department, for his many years of serviceand wishing him well on his newest endeavor as Chief of
Police forthe City of Maplewood.
Adopted Yeas - 7 Nays - 0
Resolution - 98 -680 - Declaring Mancini's Char House Day in SaintPaul and Nick Mancini to be
honorary Mayor of Saint Paul on Sunday,July 26, 1998.
Adopted Yeas - 7 Nays - 0
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_172344\Minutes 7 -... 12/15/2010