Approved Minutes 12-22-1999Page 1 of 12
SUMMARY MINUTES OF
THE SAINT PAUL CITY COUNCIL
Wednesday, December 22, 1999 - 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
Web Index
• Consent Agenda
• For Action
• Administrative Orders
• Miscellaneous
• Additional Items
• For Discussion
• Ordinances
• Suspension Items
• Public Hearings
The meeting was called to order at 3:35 p.m. by Council President Bostrom.
Present - 6 - Benanav, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 1 - Blakey (excused)
CONSENT AGENDA (Items 1 - 32)
NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE
MOTION. THERE WILL
BE NO SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION IS DESIRED, THAT ITEM
WILL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
Council President Bostrom noted a request was received to lay over Item 12 for two weeks.
Councilmember Benanav requested Items 18 and 24 be removed for discussion
Councilmember Harris moved approval of the consent agenda as amended. Yeas - 6 Nays - 0
Santa Claus paid a surprise visit to the City Council at this time and gave each Councilmember a holiday
gift.
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FOR ACTION
1. Approval of Minutes of October 27, 1999.
Adopted Yeas - 6 Nays - 0
2. Claims of Colleen Coghlan, Julia Kim, Kathleen Kranz, Suely Miller, and Doris Steffen.
Referred to the Employee /Risk Management Office
3. Summons and Complaint in the matter of Catherine Rude vs. the City of Saint Paul, et. al.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of Patrick Lyttle vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
5. Letter from Office of License, Inspections and Environmental Protection announcing a public hearing
before the City Council on January 5, 2000, to consider the following cases concerning a new carriage
house proposed to be built at 420 Portland Avenue: appeal of Greg and Carol Clark, Patricia Leonard,
and Laurel Frost to a decision of the Heritage Preservation Commission to approve the design; appeal of
Ron Severson to a decision of the Board of Zoning Appeals to deny a variance to reduce the required
front yard setback; and application of Ron Severson to review the site plan.
6. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on January 5, 2000, to consider the appeal of Lincoln Pawn to a decision of the
Planning Commission granting the appeal of the District 2 Community Council of the Zoning
Administrator's approval of a site plan for the expansion of a pawn shop at 1675 White Bear Avenue.
7. Letter from the Real Estate Division announcing a public hearing before the City Council on January
5, 2000, to consider a petition to vacate part of Pierce Street southerly of Carroll Avenue and north
easterly of the Soo Line Railroad right -of -way and the south 1.00 foot of the west 161.10 feet of Carroll
Avenue easterly of Pierce Street.
8. Letter from the Office of the City Attorney announcing that the hearing scheduled before an
Administrative Law Judge on December 15, 1999, for all licenses held by Megusta Mexican Cuisine,
Inc., dba Megusta Mexican Restaurant, 433 Robert Street, has been rescheduled to December 29, 1999,
at 9:30 a.m., Room 41 Saint Paul City Hall -Court House.
9. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on January 26, 2000, at 9:30 a.m., Room 41 Saint Paul City Hall -Court House concerning all licenses
held by Metro Bar & Grill, Inc., dba Armellia's, 1183 University Avenue.
10. Administrative Orders:
D001795 Authorizing sufficient funding for the necessary maintenance of animal exhibits at Como Zoo
from the Division of Parks and Recreation's 1999 Zoo Animal Special Revenue Fund Budget (380).
D001796 Authorizing expenses related to a trip by Ms. Shannon Bradbury from Milwaukee, Wisconsin
to Saint Paul to interview with Mayor Coleman for the position of Labor Relations Director.
D001797 Transferring budget from Summer Street activities to the Alley Repair & Cleaning activity to
cover expenditures incurred due to extra alley work performed in 1999.
D001798 Reallocating Parking and Transit Budget in the Department of Planning and Economic
Development to replace equipment at the Block 7A Municipal Ramp and for improvements to the Ryan
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Avenue Parking Lot.
D001799 Adjusting the 1999 year -end Department of Fire and Safety Services General Fund Activities
to pay the balance with Trans -Medic for the pen -based system.
Noted as on file in the City Clerk's Office
11. Resolution - 99 -1205 - Approving the appointment of Councilmember Chris Coleman and the
reappointment of Councilmember Dan Bostrom, by Mayor Coleman, to the Saint Paul RiverCentre
Authority.
Adopted Yeas - 6 Nays - 0
12. Resolution - 99 -1206 - Approving the appointments of Councilmember Chris Coleman and
Councilmember -Elect Patrick Harris, and the reappointment of Councilmember James Reiter, by Mayor
Coleman, to the Saint Paul Water Board of Commissioners.
Laid over to January 5 Yeas - 6 Nays - 0
13. Resolution - 99 -1207 - Approving disbursement of Youth Programs Funds to: Como Park Zoo &
Conservatory Education, Hayden Heights Youth Alliance, Lexington /Hamline Community Council,
Lower East Side Football, Margaret Booster Club, Merriam Park Booster Club, Midway Area Youth
Athletic Club, St. Paul Science Fair Support Group, and Sports For Life.
Adopted Yeas - 6 Nays - 0
14. Resolution - 99 -1208 - Amending the 1999 budget in the Division of Parks and Recreation to
accommodate receipt of a $6,700.00 grant from the Department of Natural Resources National
Recreation Trails Fund to the City of Saint Paul for purchase of a ski trail groomer.
Adopted Yeas - 6 Nays - 0
15. Resolution - 99 -1209 - Amending the 1999 budget in the Division of Parks and Recreation to reflect
additional revenues that were generated at Midway Stadium due to an increase in the parking fee. The
revenues will be used to finance an unanticipated capital expense (emergency lighting).
Adopted Yeas - 6 Nays - 0
16. Resolution - 99 -1210 - Amending the Grants /Aid budget in the Division of Parks and Recreation and
accepting a grant from the Legislative Commission on Minnesota Resources (LCMR) in the amount of
$200,000.00.
Adopted Yeas - 6 Nays - 0
17. Resolution - 99 -1211 - Providing sufficient funding at the budget control level of the Division of
Parks and Recreation's 1999 Grants /Aid Special Revenue Fund (860).
Adopted Yeas - 6 Nays - 0
18. Discussed after the consent agenda
19. Resolution - 99 -1213 - Authorizing the Department of Fire & Safety Services to donate a 1950 Mack
Fire Truck Vehicle 4203 to the 98 Vulcan Krewe, Inc. for the Saint Paul Winter Carnival.
Adopted Yeas - 6 Nays - 0
20. Resolution - 99 -1214 - Denying the license application submitted by Sean A. McMurry, dba A-
1 /Able Towing, 14 Acker Street East.
Adopted Yeas - 6 Nays - 0
21. Resolution - 99 -1215 - Authorizing the Office of License, Inspections and Environmental Protection
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to approve the transfer of a controlling interest in corporate stock to a buyer qualified to operate a
taxicab company. This sale will effectively transfer seven (7) licenses.
Adopted Yeas - 6 Nays - 0
22. Resolution - 99 -1216 - Approving the 3.2 Malt On -Sale License application of Angeto's Pizza, 277
McKnight Road South.
Adopted Yeas - 6 Nays - 0
23. Resolution - 99 -1217 - Authorizing the Police Department to enter into an agreement with the
Minnesota Department of Human Services to provide training on how to interact and provide services to
the hearing impaired community.
Adopted Yeas - 6 Nays - 0
24. Discussed after the consent agenda
25. Resolution - 99 -1219- Approving use of advance financing from the State of Minnesota not to
exceed $3 million dollars for the 2000 MSA Program.
Adopted Yeas - 6 Nays - 0
26. Resolution - 99 -1220 - Approval to "carry forward the City's unused 1999 entitlement allocation
(bonding authority) for the purpose of year 2000 issuance of qualified mortgage bonds and mortgage
credit certificates.
Adopted Yeas - 6 Nays - 0
27. Resolution - 99 -1221 - Approving a budget adjustment for the Brewery Neighborhood Project and
allowing the immediate use of CDBG funds originally budgeted for June 2000.
Adopted Yeas - 6 Nays - 0
28. Resolution - 99 -1222 - Rescinding Council File 99 -977, adopted October 6, 1999, pertaining to an
assessment for property at 2388 University Avenue which was ratified twice.
Adopted Yeas - 6 Nays - 0
29. Resolution - 99 -1223 - Authorizing the execution of a four -year, eleven -month agreement with the
Saint Paul growers Association for the operation of the Farmer's Market and Municipal Parking lot.
Adopted Yeas - 6 Nays - 0
30. Resolution - 99 -1224 - Approving the use of assessment financing in accordance with City policy for
installation of a fire protection (sprinkler) system at 340 Cedar Street (Saint Paul Athletic Club - 14th
floor).
Adopted Yeas - 6 Nays - 0
31. Resolution - 99 -1225 - Authorizing payment of $9,274.85 to American Family Insurance as
subrogee for Karla Hamm in full settlement of their claim against the City of Saint Paul.
Adopted Yeas - 6 Nays - 0
32. Resolution - 99 -1226 - Authorizing Councilmembers to solicit funds for an inaugural ball on
Monday, January 3, 2000.
Adopted Yeas - 6 Nays - 0
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MISCELLANEOUS
51. Recognition of outgoing Councilmember Mike Harris and Legislative Aide Dan Smith.
Recognition awards were presented to outgoing Councilmember Harris and his Legislative Aide Dan
Smith. Councilmember Harris and Dan Smith responded with thanks and appreciation for the time they
spent serving the citizens of Ward 3.
Councilmember Coleman moved for suspension of the rules and approval of the following resolution:
Resolution - 99 -1234 - Recognizing outgoing Councilmember Michael Harris for his hard work and
dedication to the people of Ward 3 and declaring December 22, 1999, as Mike Harris Day in the City of
Saint Paul.
Adopted Yeas - 6 Nays - 0
Councilmember Harris moved for suspension of the rules and approval of the following resolution
Resolution - 99 -1235 - Recognizing outgoing Legislative Aide Dan Smith and proclaiming December
29, 1999 as Dan Smith Day in the City of Saint Paul.
Adopted Yeas - 6 Nays - 0
Additional Items
An open letter to Mayor Coleman and the St. Paul City Council from the "No Connect" Coalition was
presented by Councilmember Benanay. This was a statement from Merriam Park, Lexington- Hamline,
Hamline- Midway, Snelling- Hamline, and Neighborhoods United community groups pertaining to the
proposed Ayd Mill Road connection.
18. Resolution - 99 -1212 - Amending the 1999 budget in the Division of Parks and Recreation by
transferring $450,000.00 from General Fund to the Rice and Arlington Dome.
Councilmember Benanav asked if there is an end in sight for funding of the Rice and Arlington Dome.
(Harris left and returned)
Joe Reid, Financial Services Office, appeared. When this issue was discussed in 1998, it was estimated
that with some management of costs and greater marketing of the facility, some improvement would be
seen in 1999. That has been the case but not to the degree anticipated. This is a concern to the Mayor's
Office, to the Division of Parks and Recreation, as well as the Finance Department. While the situation
must be dealt with in 1999, Mr. Reid said it will be made a high priority in 2000 to look at all the
options that are available. They do not want it to continue to be an annual event to clean up the budget
for this facility at the end of each year. They realize that Parks has a significant amount of debt service
that has to be met each year as well as the operating costs and all options are being looked at.
There may not have been enough general marketing of the facility and Parks is now trying to focus their
marketing on organizations that would have a use for it. However, he said it may be difficult to ever be
totally self- supporting. Their prices are competitive but he said he did not feel the facility is being used
as much as it could be during day -time hours so they are trying to find other uses for it during the times
it is under - utilized.
Vince Gillespie, Division of Parks and Recreation, appeared. He said when the dome is up it is at
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capacity. He reiterated that the problem has to do with day -time use and the six months of the year when
the dome is down. The day -time use is where the capacity is but the problem is that there is a only a
small market of people to draw from. A team of staff is presently attempting to sort out what types of
program could be marketed.
Councilmember Harris asked if the time could be extended for having the dome up. Mr. Gillespie said
that early on a lot of discussion took place on that issue. Also, there is a variance involved. From the
Parks perspective, they feel the program would be improved if it was up year -round and they will be
looking at all options.
Councilmember Benanav asked Mr. Gillespie if Parks ever envisions a time when the dome would have
to be shut down because they are losing too much money. Mr. Gillespie acknowledged that the debt
service is difficult to carry. In 1999, $350,000 will be generated which is about $90,000 more than in
1998. They are projecting that $470,000 will be generated in 2000 and that will cover operating costs.
"It's a daunting task." he said.
Councilmember Lantry said when the numbers first came out on the dome, the projections were that the
revenues would cover debt service. She asked what was wrong with the original figures. Mr. Gillespie
said the figures were optimistic. Experience tells them they will improve over time but it will be difficult
to reach the level that was projected.
Councilmember Benanav moved approval.
Adopted Yeas - 6 Nays - 0
24. Resolution - 99 -1218 - Changing some of the roadways designated as Municipal State Aid (MSA)
and County State Aid Highways (CSAH).
Councilmember Benanav, asked what the purpose of the roadway changes is and what the impact is.
Councilmember Harris responded that part of it is MSA eligibility; if a project is taking place, a road can
be eligible for funding. It's budget neutral to the City and they both adhere to the same standards as far
as width and the ability to do traffic calming, etc., especially during a construction period. It's more of a
maintenance issue and designation for the City to be able to maximize its MSA dollars.
Benanav questioned if there is any impact on how the road can be used. Council President Bostrom said
this has been done previously and it's proven that it's just where the money comes from to maintain the
roads. Harris said if there was a change from a City road to an MSA road there could be a potential
impact, but if it's just being moved between the County and MSA it's more of a funding mechanism.
Joe Reid, Office of Financial Services, concurred with the explanation provided by Councilmember
Harris and said what is important is the funding source. With the agreement the City has with the
County in terms of how roads are maintained and who maintains them, the key issue is the width of the
road. If it's a City street, it's a more narrow road.
Ed Warn, Department of Public Works, appeared and explained that this resolution allows for the
orderly implementation of the road re jurisdiction agreement that the City Council and the County
Board ratified in 1993. It involves the transfer of jurisdiction of some of the primary roadways in the
City such as Lexington, Grand, Randolph, and Plato. These will become County State -Aid Highways.
The rules that the County operates under as far as width and traffic standards are the same whether it be
a County State Aid Highway or a Municipal State Aid Street. The ultimate benefit to the City is that
there will be about 30 additional miles of County State Aid Highways in the City when the jurisdiction
agreement is fully implemented. It is 30 additional miles that the County will participate in upgrading.
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Mr. Warn said there will be no impact on speed limits, the City's ability to do traffic calming, etc. He
said the rules followed by the City are also followed by the State. There is a factor that the County has
an interest but historically they have allowed the City to take the lead and he does not anticipate any
problems.
Councilmember Coleman said traffic calming measures will definitely want to be taken on Lexington
Parkway and he was not comfortable adopting the resolution until more information is received.
Councilmember Coleman moved to lay over to January 12.
Laid over to January 12 Yeas - 6 Nays - 0
FOR DISCUSSION
33. Resolution - 99 -1132 - Recommending denial of the Auto Body Repair Garage and Auto Repair
Garage License Applications by Ray's Auto Body, Inc., 353 Larch Street. (Laid over from December 8)
Bob Kessler, Office of License Inspections and Environmental Protection, requested this resolution be
laid over to coincide with final adoption of Item 40, an ordinance pertaining to auto body repair shops.
Councilmember Reiter moved to lay over to January 26.
Laid over to January 26 Yeas - 6 Nays - 0
34. Report from the Office of License, Inspections and Environmental Protection on the number of
taxicab licenses issued and change in fares. (Monthly reports requested by Council on August 25, 1999)
Bob Kessler, Office of License, Inspections and Environmental Protection (LISP), appeared. He
reminded the Council that 26 taxicab licenses were recently added and LISP feels the additional licenses
have been successful and have addressed the service issues. The Council also adopted a maximum fare
structure with the hope that it would increase competition. However, almost all the license holders
decided to charge the maximum which is not providing the competition that was hoped for. City -Wide
Cab is the only company still maintaining the $1.30 per mile rate. Everyone else is charging $1.60 per
mile and the minimum fare has been raised to $5.00. Mr. Kessler said LISP is concerned and their next
course of action will be to survey other cities in the Midwest that do not regulate taxicab fares. They also
plan to do a random survey of Saint Paul residents to ask them what they feel the level of taxicab service
is in Saint Paul.
LIEP will present their annual report in May, 2000.
ORDINANCES
35. Final Adoption - 99 -1063 - An ordinance enacted pursuant to Minnesota Statutes §462.355, Subd. 4
preserving the status quo with respect to the use of property within the City of Saint Paul pending the
completion of studies of possible amendments to city zoning regulations relating to trucking facilities.
(Amended and laid over from December 8, 1999)
Councilmember Benanav moved approval.
Adopted Yeas - 5 Nays -1 (Reiter)
36. Final Adoption - 99 -1142 - An ordinance memorializing City Council action granting the application
of Sherman Rutzick to rezone property northwest of Grace and Toronto Streets and southeast of Osceola
Street from RT -2 to RM -2 to allow development of a housing complex for seniors age 55 and over.
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(Laid over from December 8)
Councilmember Coleman moved approval.
Adopted Yeas - 6 Nays - 0
37. Final Adoption - 99 -1165 - An ordinance adding a new subdivision to Saint Paul Legislative Code
Chapter 60, Division 5, entitled "Special Districts," establishing commercial and residential
redevelopment overlay districts in the Shepard- Davern area. (Amended on December 15).
Councilmember Harris moved approval
Adopted Yeas - 6 Nays - 0
38. Second Reading - 99 -1202 - An ordinance amending Section 157.04 of the Saint Paul Legislative
Code to delete an obsolete reference to the Department of Community Services and to allow the Director
of Parks and Recreation, rather than the Director of Community Services or a designee, the ability to
post signs indicating that tree trimming work is in progress and banning parking within one hundred feet
of such work.
Laid over to January 5 for third reading /public hearing
39. Second Reading - 99 -1203 - An ordinance amending Council File 97 -1568 pertaining to advertising
signs to allow limited processing of advertising sign permits for DeLite Outdoor Advertising, Inc.
Laid over to January 5 for third reading /public hearing
40. First Reading - 99 -1227 - An ordinance amending Saint Paul Legislative Code Chapter 423 to
establish a separate license for auto body repair shops and auto body painting shops.
Laid over to January 5 for second reading
41. First Reading - 99 -1228 - An ordinance to limit the number of one -day entertainment licenses
available at any one location.
Laid over to January 5 for second reading
42. First Reading - 99 -1229 - An ordinance amending Chapter 66.216 of the Saint Paul Legislative Code
pertaining to special sign district sign plans creating a new special sign district sign plans creating a new
special sign district ordinance for the Snelling- Hamline neighborhood to be known as the Snelling -
Hamline Special District Sign Plan.
Laid over to January 5 for second reading
Suspension Items
Councilmember Harris moved for suspension of the rules and approval of the following resolution:
Resolution - 99 -1236 - Allowing fireworks to be shot off from Harriet Island for Capital New Year and
holding the contractor harmless.
Adopted Yeas - 6 Nays - 0
Councilmember Harris moved for suspension of the rules and approval of the following resolution:
Resolution - 99 -1237 - Authorizing the Department of Fire and Safety Services to accept a donation of
$20,000.00 from Local 21 for education, the honor guard and the Fire Explorers Scout program.
Adopted Yeas - 6 Nays - 0
Councilmember Harris moved for suspension of the rules and approval of the following resolution:
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Resolution - 99 -1238 - Accepting additional funds from SuperAmerica for Y2K public awareness
campaign and approving the financing and spending plan.
Adopted Yeas - 6 Nays - 0
Councilmember Harris moved for suspension of the rules to introduce the following resolution:
Yeas - 6 Nays - 0
Resolution - 99 -1239 - Approving a contract with Craig Ayers and Leonard, Street and Deinard, P.A. for
Labor Relations consulting services.
Terry Haltiner, Office of Labor Relations, appeared and reported that Labor Relations was in contract
negotiations with the Police Federation and they would like to use a consultant to provide assistance
with the negotiations.
Councilmember Harris questioned the $35,000 fee. Mr. Haltiner said he thought the cost would actually
be under $10,000. A contract was previously approved and they would be within the financial limits of
that contract. This resolution gives them authorization to hire the consultant.
Councilmember Benanav noted that the resolution does not included a dollar amount. Phil Byrne
advised the Council that a final resolve could be added to the resolution designating an amount not to be
exceeded.
Councilmember Benanav moved to amend the resolution to indicate that the cost should not exceed
$20,000. If additional funds are required, Labor Relations can come back to the Council with another
request.
Adopted as amended Yeas - 6 Nays - 0
Councilmember Harris moved for suspension of the rules and approval of the following resolution:
Resolution - 99 -1240 - Reducing the assessment, which was calculated incorrectly, for 1002 Orange
Avenue East (Ivy /Earl Street Paving and Lighting Project).
Council President Bostrom noted that the owners of this property were double - billed for the assessment.
Adopted Yeas - 6 Nays - 0
Councilmember Coleman moved for suspension of the rules and first reading of the following
ordinance.
First Reading - 99 -1241- An ordinance amending Chapter 66.216 of the Saint Paul Legislative Code
pertaining to special sign district sign plans by creating a new special sign district plan for the West Side
Neighborhood to be known as the West Side Special District Sign Plan.
Laid over to January 5 for second reading Yeas - 6 Nays - 0
Councilmember Coleman moved for suspension of the rules and approval of the following resolution:
Resolution - 99 -1242- Approving the application for an on -sale liquor license for Osceola Partner, Inc.,
dba The Glockenspiel Restaurant, 381 Michigan Street.
Adopted Yeas - 6 Nays - 0
Councilmember Coleman moved for suspension of the rules and approval of the following resolution:
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Resolution - 99 -1243- Waiving the 45 -day notification requirement for issuance of a liquor license for
Osceola Partners, Inc., dba The Glockenspiel Restaurant, 381 Michigan Street.
Adopted Yeas - 6 Nays - 0
The meeting was recessed from 4:40 p.m. to 5:35 p.m.
Roll Call: Present - 5 Absent - 2 (Blakey, Coleman - excused)
PUBLIC HEARINGS
43. Third Reading - 99 -1157 - An ordinance amending Chapters 87, 89, 90, 92, and 94 of the Saint Paul
Legislative Code pertaining to the rules and regulations of the Saint Paul Regional Water Services as
recommended by the Board of Water Commissions of the City of Saint Paul.
No one appeared in opposition; Councilmember Harris moved to close the public hearing.
Yeas - 5 Nays - 0
Laid over to January 5 for final adoption
44. Third Reading - 99 -1179 - An ordinance enacted pursuant to Section 17.07.1 of the Charter of the
City of Saint Paul and Section 409.20 of the Saint Paul Legislative Code creating a Commercial
Development District on property with the address of 2082 Ford
Parkway.
Ray Samons, 1205 Westminster Street, appeared. When there is a shortage of licenses in a given ward,
and another ward has many more licenses than the average, he said he felt a way should be found to
move a license and balance them out.
Councilmember Harris moved to close the public hearing. Yeas - 5 Nays - 0
Laid over to January 5 for final adoption
45. Public hearing to consider the report of the Administrative Law Judge concerning all licenses held
by Todd Erickson, dba Summit Amusement, 2274 University Avenue West. (Laid over from December
8)
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection (LISP) provided a staff report. Adverse action was begun against the licenses
held by Summit Amusement based upon non - payment of their 1997 -98 and 1998 -99 license fees. A
notice of violation was mailed on July 30, 1999, setting forth the basis for the violation. The response
from the license holder, Todd Erickson, requested an Administrative Law Judge (ALJ) hearing. The
notice of the ALJ hearing informed Mr. Erickson that the issues would be confined to whether the fees
had been paid and he was advised that if he had proof of payment to provide that information at the
hearing. Mr. Erickson did not provide anything prior to the hearing and he failed to appear at the ALJ
hearing.
The report shows he was default and recommends appropriate action against the licenses. The last time
this matter was before the Council, Mr. Erickson claimed that he could show proof that he had paid the
license fees so the matter was laid over, Ms. Palmer said. However, he was not able to provide any proof
of payment of the fees. The Office of LISP recommended that the license held by Mr. Erickson be
suspended until full payment is made. On this date, Mr. Erickson made a payment of $2,000 at the
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Office of LIEP but the total amount is approximately $2,600. Ms. Palmer said they are also
recommending that Mr. Erickson pay the cost of the ALJ hearing which amounted to $273.00 based
upon his failure to appear at the hearing.
Todd Erickson appeared and provided an explanation to the Council of his situation. He contended that
100 percent of the fees were paid on this date.
Councilmember Reiter asked if the amount Mr. Erickson owes includes penalties. Ms. Palmer responded
that the original amount he was charged was $4,389.00 for the two years which did include late penalties
in the amount of $293.00. They originally were $731.50 for each year. However, Mr. Erickson talked
with Licensing, showed them some certified receipts that actually were sent to the City of Minneapolis,
and the late fees were reduced.
Councilmember Reiter moved to waive the penalties but requested that prior to the licenses coming due,
Mr. Erickson personally deliver a check to the Office of LISP.
Councilmember Benanav moved to close the public hearing, adopt the Findings of Fact and Conclusion
of Law in the Administrative Law Judge (ALJ) report and suspend licenses until all fees are paid. The
suspension was stayed for 30 days from December 22, 1999, on the condition that all fees, plus the cost
of the ALJ hearing, are paid by January 15, 2000.
Yeas - 5 Nays -0
46. Appeal of Richard Brown to a Summary Abatement Order for property at 1763 Thomas Avenue.
(Legislative Hearing Officer recommends laying over to the January 4, 2000, Legislative Hearing and
the January 12, 2000 City Council meeting)
Councilmember Harris moved to lay over to January 12.
Laid over to January 12 Yeas - 5 Nays - 0
47. Resolution - 99 -1230 - To consider vacating the right -of -way abutting the intersection of Bidwell
and Delos Streets.
No one appeared in opposition; Councilmember Harris moved to close the public hearing and approval.
Adopted Yeas - 5 Nays - 0
48. Resolution - 99 -1231 - Increasing the Sewer Service Availability Charge (SAC) from $1,050.00 to
$1,100.00 beginning January 1, 2000.
Peter White, Real Estate Office, appeared. He stated that every year it seems the Metropolitan Council
raises the sewer availability charge by approximately $50.00. It's the charge they make to the City for
any building permit for a property that did not have a sewer available to it. That charge is passed through
to the property owner who is coming in for the building permit and then passed on to the Met Council.
Councilmember Lantry asked if each municipality pays the same amount. Mr. White said there are two
levels and Saint Paul pays the lower level. The other level is for municipalities that do not have trunks
available.
Councilmember Lantry asked if the Metropolitan Council could be asked to provide an explanation as to
why the cost increases routinely. Mr. White said he does have correspondence from the Met Council
with an explanation and he will distribute the letter to the Council.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 5 Nays - 0
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49. Final Order - 99 -1232 - In the matter of improving the alley in Block 2, Sylvan Park bounded by
Stanford, Saratoga, St. Clair and Warwick by grading and paving with a bituminous material. (File
418916) (To be laid over to January 12 for public hearing)
Councilmember Harris moved to lay over to January 12.
Laid over to January 12 for public hearing Yeas - 5 Nays - 0
50. Final Order - 99 -1233 - In the matter of condemning and taking an easement in the land necessary
for the slopes, cuts, and fills, including the right of removal of lateral support from subject land or
reminder thereof, occasional by excavations thereof or construction of slopes in the grading and paving
of the alley in Block 2, Sylvan Park bounded by Stanford, Saratoga, St. Clair and Warwick. (File
4189165) (To be laid over to January 12 for public hearing)
Councilmember Harris moved to lay over to January 12
Laid over to January 12 for public hearing Yeas - 5 Nays - 0
Councilmember Harris moved to adjourn the meeting.
ADJOURNED AT 6:03 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson February 23, 2000
Assistant Council Secretary
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