Minutes 10-13-1999Page 1 of 9
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, October 13, 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
Nancy Anderson, Assistant Secretary to the Council
Mary Erickson, Clerical Support - 651- 266 -8565
Office of the City Council
Present - 5 - Benanav, Blakey, Bostrom, Lantry, Reiter
Absent - 2 - Coleman, Harris (arrived after roll call)
Web Index
• Consent Agenda
• For Action
• For Discussion
• Ordinances
• Public Hearings
CONSENT AGENDA (Items I - 30)
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.
FOR ACTION
1. Approval of minutes of the September 8, 1999, Board of Health Meeting.
Adopted Yeas - 7 Nays - 0
2. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on October 27, 1999, to consider 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
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allow development of a housing complex for seniors age 55 and over.
3. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on October 27, 1999, to consider the appeal of Pawn America Minnesota to a
decision of the Planning Commission denying a request for a special condition use permit to allow
establishment of a pawn shop at 1546 White Bear Avenue (east side between Hoyt and Montana
Avenues).
4. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
October 27, 1999, concerning adverse action against all licenses held by James Bailey, Inc., dba
Arlington Pub, 721 Payne Avenue. (Uncontested)
5. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
October 27, 1999, concerning the license application of James Choate, dba ASAP Bumper Shop, 815
Farrington Street. (Uncontested)
6. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
October 27, 1999, concerning adverse action against all licenses held by or applied for by Muzit
Kubrom and Lemlem Libsu dba Asmara East African Restaurant, 854 University Avenue West.
(Uncontested)
7. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
October 27, 1999, concerning adverse action against the cigarette license held by KLA, Inc., dba
Awada's On Plato, 199 Plato Boulevard. (Uncontested)
8. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
October 27, 1999, concerning the Restaurant and Malt On -Sale License Application by Hang & Lor,
Inc., dba Great Dragon Buffet, 945 -A Rice Street. (Uncontested)
9. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
October 27, 1999, concerning adverse action against the cigarette license held by Jerry Belgea
Enterprises, Inc., dba Jeraldine's, 605 Front Street. (Uncontested)
10. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
October 27, 1999, concerning adverse action against the Auto Body Repair Garage license held by John
Smith, dba John M. Smith, 453 7th Street West. (Uncontested)
11. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
October 27, 1999, concerning adverse action against the cigarette license held by K -Mart Corporation,
dba K -Mart, 245 Maryland Avenue East. (Uncontested)
12. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
October 27, 1999, concerning adverse action against the cigarette license held by Sufian Wazwaz dba
Tobacco Field, 2419 West 7th Street. (Uncontested)
13. Letter from the Real Estate Division announcing a public hearing before the City Council on
November 3, 1999, to consider the vacation of a portion of West Fourth Street lying westerly of
Wabasha Street.
14. Letters from the Citizen Service Office declaring 1089 Marshall Avenue and 1328 Minnehaha
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Avenue West as "nuisance property" and setting date of Legislative Hearings for October 19, 1999, and
City Council Hearings for October 27, 1999.
15. Letter from the Citizen Service Office declaring 648 Western Avenue North as "nuisance
property." (For notification purposes only; a public hearing will be scheduled at a later date if
necessary.)
16. Resolution - 99 -982 - Honoring George and Mary Huss on the occasion of their 50th Wedding
Anniversary on October 8, 1999.
Adopted Yeas - 7 Nays - 0
17. Resolution - 99 -933 - Approving a Memorandum of Understanding between the City of Saint Paul
and the Police Federation. (Laid over from October 6 for adoption)
Adopted Yeas - 7 Nays - 0
18. Resolution - 99 -983 - Acknowledging the policy regarding the hiring of offenders or the use of
offenders as volunteers by the Division of Parks and Recreation and commending the Division for their
commitment to the safety of youth.
Laid over to October 27 Yeas - 7 Nays - 0
19. Resolution - 99 -984 - Amending the General Government budgets in the Office of the City Attorney
for Tort Liability and Tort Claims.
Adopted Yeas - 7 Nays - 0
20. Resolution - 99 -985 - Authorizing the proper City officials to accept and expend $5,040.00 from the
Minnesota Department of Natural Resources, Conservation Partners Grant Program.
Adopted Yeas - 7 Nays - 0
21. Resolution - 99 -986 - Authorizing the proper City officials to request SCORE State Recycling Grant
Funds from Ramsey County in the amount of $539,549.00 for support of the Citywide curbside and
multi - family recycling collection program in 2000.
Adopted Yeas - 7 Nays - 0
22. Resolution - 99 -987 - Reintroduction of Resolution 98 -566 which ordered the owner to remove or
repair the building at 674 Wells Street within fifteen days from adoption of resolution.
Adopted Yeas - 7 Nays - 0
23. Resolution - 99 -988 - Approving the purchase price of $432,787.00 for the parcel of land at 850
Mississippi Street in connection with the Phalen Corridor Project.
Adopted Yeas - 7 Nays - 0
24. Resolution - 99 -989 - Finalizing City Council action taken September 22, 1999, concerning adverse
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action against licenses held by Mohammad Abedi, dba Import Auto Enterprises and Mostafa Farzaneh
Kia, dba MFK Enterprises, Inc. 830 Robert Street North.
Adopted Yeas - 7 Nays - 0
25. Resolution - 99 -990 - Accepting funds from the University of Minnesota for liquor compliance
checks for 1999 and 2000 to be performed by the Police Department and the Office of License,
Inspections and Environmental Protection.
Adopted Yeas - 7 Nays - 0
26. Resolution - 99 -991 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 45 Lexington Parkway South.
Adopted Yeas - 7 Nays - 0
27. Preliminary Order - 99 -992 - In the matter of improving Bayard, Eleanor, Pleasant, Scheffer and
Tuscarora Avenues and Milton Street with new bituminous roadway, concrete curbs and gutters,
concrete driveway aprons and outwalks, boulevard sodding, tree planting, construction of a lantern style
lighting system, and all other work necessary to complete the Seventh /Eleanor Area Street Paving and
Lighting Project, and setting date of public hearing for November 10, 1999. (File 418908)
Adopted Yeas - 7 Nays - 0
28. Preliminary Order - 99 -993 - In the matter of sidewalk repairs and /or repair of sanitary sewer, storm
sewer and /or water service connections, if requested by the property owner, in conjunction with the
Seventh /Eleanor Area Street Paving and Lighting Project, and setting date of public hearing for
November 10, 1999. (File 418908 -misc)
Adopted Yeas - 7 Nays - 0
29. Preliminary Order - 99 -994 - In the matter of improving Edmund, Charles, Sherburne, Taylor, and
Hewitt Avenues, Oxford, Chatsworth, Milton, and Clayland Streets, Hewitt and Clayland Place with one
or more of the following: new bituminous surfaced streets, concrete curbs and gutters, concrete
driveway aprons and outwalks. Boulevards will be landscaped with sod and trees, and a lantern style
street lighting system will be installed, and setting date of public hearing for November 3, 1999. (File
418912)
Adopted Yeas - 7 Nays - 0
30. Preliminary Order - 99 -995 - In the matter of construction of storm sewer connections, sanitary
sewer connections, water connections, and sidewalk reconstruction, at the request of the property
owners, in conjunction with the Charles /Chatsworth Residential Street Vitality Project, and setting date
of public hearing for November 3, 1999. (File 418912C)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
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31. Resolution - 99 -939 - Approving application for Liquor On Sale (C), Liquor On Sale- Sunday,
Restaurant (C), and Cigarette /Tobacco Licenses by Hoofrey, Inc., dba Bourbon Bar, 691 Dale Street
North. (Amended and laid over from October 6) (Legislative Hearing Office recommends approval
with one condition)
Adopted (per recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
32. Update by John Wirka, Division of Parks and Recreation, on problems associated with the Ecolab
Plaza construction project and cost implications.
An update was provided by John Wirka, Division of Parks and Recreation
33. Report from Terry Haltiner, Labor Relations Office, on a 6, 12, and 18 -month work plan for
addressing the recommendations outlined in the Labor Relations Performance Audit.
Laid over to October 27 Yeas - 7 Nays - 0
ORDINANCES
34. Final Adoption - 99 -694 - An ordinance establishing a "Managed Competition" chapter of the Saint
Paul Administrative Code to provide a framework by which the City of Saint Paul can enter into
contracts with vendors, including existing City employees and outside entities, to provide City services
currently performed by City employees. (Substitute introduced and laid over from October 6 for final
adoption)
Substitute introduced and laid over to October 20 for final adoption
Yeas - 7 Nays - 0
35. Final Adoption - 99 -786 - An ordinance requiring disclosure of campaign contributions relating to
City managed competition contracts and collective bargaining agreements. (Laid over from October 6
for final adoption)
Substitute introduced and laid over to October 20 for final adoption
Yeas - 7 Nays - 0
36. Final Adoption - 99 -888 - 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
Hamline Midway neighborhood to be known as the Hamline Midway Special District Sign Plan.
(Substitute introduced on October 6)
Adopted Yeas - 7 Nays - 0
37. Final Adoption - 99 -889 - 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
Merriam Park neighborhood to be known as the Merriam Park Special District Sign Plan. (Amended on
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October 6)
Adopted Yeas - 7 Nays - 0
38. Second Reading - 99 -967 - An ordinance amending Chapter 324 of the Saint Paul Legislative Code
to prohibit tobacco vending machines in facilities where minors are present and to establish an
administrative penalty to be imposed against the clerk at a licensed premise who sells tobacco or tobacco
products to a minor.
Laid over to October 27 for third reading /public hearing
39. Second Reading - 99 -968 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code
to correct the changes in the taxicab fare structure to correctly reflect the fares agreed to by the industry
and the Office of License, Inspections and Environmental Protection.
Laid over to October 27 for third reading /public hearing
40. Second Reading - 99 -969 - An ordinance finalizing City Council action to rezone property located
directly south of 954 and 976 West Minnehaha Avenue from RM -2 to I -1 to allow Saint Paul Brass and
Aluminum to provide employee parking and truck access to the rear of the existing foundry building.
(Public hearing held September 8, 1999)
Laid over to October 27 for third reading /public hearing
41. First Reading - 99 -996 - An ordinance finalizing City Council action approving a petition of the Port
Authority to rezone property along the north side of Shepard Road northeast of vacated Palace Avenue
and vacated Western Avenue from I -3 to I -2. (Public hearing held September 8, 1999)
Laid over to October 20 for second reading
42. First Reading - 99 -997 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to zoning for the City of Saint Paul and the zoning maps thereof.
Laid over to October 20 for second reading
(Bostrom was excused at this time)
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
43. Resolution - 99 -998 - Ordering the owner to remove or repair the building at 851 Magnolia Avenue
East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 6 Nays - 0
44. Resolution - 99 -999 - Ordering the owner to remove or repair the building at 559 Lawson Avenue
East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
laying over to the January 4, 2000 Legislative Hearing and the January 12, 2000, City Council
meeting)
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Laid over to January 12 for public hearing Yeas - 6 Nays - 0
45. Final Order - 99 -1000 - In the matter of removal of a retaining wall, clearing and grading, and
adding fill where necessary to prepare for alley purposes the northeasterly 20.0 feet of that part of the
alley in Block 2, Keller's Subdivision of Block 11, Lyman Dayton's Addition, which lies between Maple
Street and the extended westerly line of the alley parallel to said Maple Street. (File 418907)
Laid over to October 27 for public hearing Yeas - 6 Nays - 0
46. Final Order - 99 -1001 - In the matter of condemnation and taking for public purposes certain
properties in the Trout Brook area. (File 418914)
Adopted Yeas - 6 Nays - 0
47. Resolution Ratifying Assessment - 99 -1002 - In the matter of assessing the improvements along
Dale Street North from Minnehaha to University Avenues. (File 418803)
Adopted Yeas - 6 Nays - 0
48. Resolution Ratifying Assessment - 99 -1003 - In the matter of assessing the operating costs for the
above standard lighting along Dale Street North from University to Minnehaha Avenues for January 1,
1999 to December 31, 1999. (File 418803 OP)
Adopted Yeas - 6 Nays - 0
49. Resolution Ratifying Assessment - 99 -1004 - In the matter of assessing alley improvements in
Knispel's Subdivision (bounded by Ohio, Page, Charlton, & Sidney) by constructing storm sewers, catch
basins and grading and paving with bituminous material. (File 418836)
Adopted Yeas - 6 Nays - 0
50. Resolution Ratifying Assessment - 99 -1005 - In the matter of the assessment of benefits, cost and
expenses for installation of bent straw street lighting for the Phalen Village Public Improvements (Small
Area Plan). (File 418866)
Adopted Yeas - 6 Nays - 0
51. Resolution Ratifying Assessment - 99 -1006 - In the matter of assessing the operating costs for the
above standard lighting in the Hamline University Area on Hewitt Avenue from Snelling to Pascal, and
Englewood Avenue from Snelling to Pascal for September 1, 1999, to December 31, 1999. (File 418886
OP)
Adopted Yeas - 6 Nays - 0
52. Resolution Ratifying Assessment - 99 -1007 - In the matter of opening and extending the alley in
Block 2, Keller's Subdivision of Block 11 by condemning and taking a permanent easement for alley
purposes over the northeasterly 20.0 feet of that part of the alley in Block 2, Keller's Subdivision of
Block 11, Lyman Dayton's Addition, which lies between Maple Street and the extended westerly line of
the alley parallel to said Maple Street. (File 418890)
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Laid over to October 27 for public hearing Yeas - 6 Nays - 0
53. Resolution Ratifying Assessment - 99 -1008 - In the matter of the Ivy /Earl Residential Street Paving
and Lighting Project. (File 418893)
Adopted Yeas - 6 Nays - 0
54. Resolution Ratifying Assessment - 99 -1009 - In the matter of the assessment for the Wabasha West
Streetscape Project, Phase L (File 418894)
Adopted Yeas - 6 Nays - 0
55. Resolution Ratifying Assessment - 99 -4 4 4 9 1010 - In the matter of summary abatement (property
clean -up) at 430 Case Avenue (J9905A1), and sanitary sewer service repair at 1707 Jefferson Avenue
(SSA9901A). (Laid over from October 22) (Legislative Hearing Officer recommends approval of the
assessment for 430 Case Avenue, and reducing the assessment to $1,500 plus the $40.00 service fee
for a total of $1,540 for 1707 Jefferson Avenue)
Adopted as amended (per recommendation of the Legislative Hearing Officer
Yeas - 6 Nays - 0
56. Resolution Ratifying Assessment - 99 -4 4 4 >- 1011 - In the matter of summary abatements (property
clean -up and /or grass cutting) during the last week of July and /or August 1999 (J9907A); boarding -up
vacant buildings during July, 1999 (J9907B); demolition of vacant buildings during September, 1999
(J9907C); and summary abatements (grass cutting by contractor) during July through mid - August, 1999
(J999GRASS) (Legislative Hearing Officer recommends approval with the following exception:
1183 Arkwright Street (J9907A) - laid over to the October 19, 1999 Legislative Hearing and the
October 27, 1999 City Council meeting)
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 6 Nays - 0
57. Resolution Ratifying Assessment - 99 -�2 1012 - In the matter of towing of abandoned vehicles
from private properties during April and May, 1999; (J9904V) summary abatements (property clean -up
or grass cutting) during July, 1999 (J9906A); boarding -up of vacant properties during June, 1999
(J9906B); and demolition of vacant buildings during July, 1999 (J9906C). (Legislative Hearing Officer
recommends approval with the following exceptions:
1834 Maryland Avenue East (J9906B) - Laid over to the November 2, 1999
Legislative Hearing and the November 10, 1999 City Council Meeting;
875 Palace Avenue (J9904V) - Reduce the assessment to $202.50 plus the
$40.00 service fee for a total of $242.50;
1885 Seventh Street East (J9904V) - Reduce the assessment to $335.00 plus
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the $65.00 service fee for a total of $400.00;
1895 Magnolia Avenue East and 917 Euclid Street (J9906A) - Laid over to the October 19, 1999
Legislative Hearing and the October 27, 1999 City Council Meeting;
559 McKnight Road South (J9904V) - Delete the assessment.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
In addition, the assessment in the amount of $1,072.80 for 559 McKnight Road South was
reinstated
Yeas - 6 Nays - 0
Suspension Items
Resolution - 99 -1013 - Congratulating the Minnesota Thunder professional soccer team for their
achievements and contributions.
Adopted Yeas - 7 Nays - 0
Resolution - 99 -1014 - Waiving the Class B police permit fees and street barricade fees for a dedication
and gratitude ceremony on October 30, 1999, in honor of slain police officer Ron Ryan Junior.
Adopted Yeas - 7 Nays - 0
Resolution - 99 -1015 - Authorizing closure of streets and waiving the 60 percent consent requirement
for a block party /special event permit on Saturday, October 30, 1999 from 10:00 a.m. to 3:00 p.m. for a
dedication and gratitude celebration and naming East 6th Street from Maria Avenue to Arcade Street in
honor of slain Officer Ron Ryan.
Adopted Yeas - 7 Nays - 0
Resolution - 99 -1016 - Supporting efforts to make the Mississippi Riverfront safe, clean and accessible.
Adopted as amended Yeas - 7 Nays - 0
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