Minutes 10-27-1999Page 1 of 8
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, October 27, 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 - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
Web Index
• Consent Agenda
• For Action
• For Discussion
• Ordinances
• Public Hearings
• Suspension Items
CONSENT AGENDA (Items I -18)
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. Claims of Lloyd Duraine, Lori Ahl- Johnson, Theng Song, Ty & Gina Sunderman, and Tshu Yah.
Referred to the Employee /Risk Management Division
2. Summons and Complaint, etc. in the matter of Wasche Commercial Finishes, Inc. vs. the City of Saint
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Paul.
Referred to the City Attorney's Office
3. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on November 3, 1999, to consider the appeal of Christopher Prior to a
decision of the Board of Zoning Appeals denying a variance in order to convert a single family home
into a duplex at 848 Third Street East.
4. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on November 3, 1999, to consider the application of Saint Paul Brass Foundry
Company for a combined plat for the creation of two (2) industrial lots and one (1) residential lot at 954
West Minnehaha Avenue.
5. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
November 24, 1999, to consider adverse action against licenses held by K -D International, Inc., dba
Charta International Trading, 555 Topping Street. (Uncontested)
6. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
November 24, 1999, to consider the report of the Administrative Law Judge concerning all licenses held
by Todd Erickson, dba Summit Amusement, 2274 University Avenue West.
7. Resolution - 99 -1017 - Approving the May 1, 1999 through April 30, 2002 Maintenance Labor
Agreement between the City of Saint Paul and United Association Plumbers Local 34 and Sprinkler
Fitters Local Union No. 417. (Laid over from October 20 for adoption)
Adopted Yeas - 7 Nays - 0
8. Resolution - 99 -1038 - Approving the appointment of William Dunnigan, by Mayor Coleman, to the
Saint Paul Parks and Recreation Commission.
Adopted Yeas - 7 Nays - 0
9. Resolution - 99 -1039 - Approving the appointment of David Zeller, by Mayor Coleman, to the Youth
Fund Board.
Adopted Yeas - 7 Nays - 0
10. Resolution - 99 -1040 - Accepting a gift from the Saint Paul Chamber Foundation in the amount of
$7,950.00 to defray costs of the sister cities trip for three Saint Paul City officials, including Mayor
Coleman, to the new sister city of Neuss, as well as Brussels, Berlin, and Hamburg, Germany, and Saint
Paul's other sister city Modena, Italy from November 6 through November 16, 1999.
Adopted Yeas - 7 Nays - 0
11. Resolution - 99 -1041 - Authorizing the Police Department to solicit funds to offset the cost of
publication of the millennium yearbook and time capsule for the department.
Adopted Yeas - 7 Nays - 0
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12. Resolution - 99 -1042 - Authorizing the six taxicab vehicle licenses held by Gedion Adeda, dba
American Taxi, to operate under the DBA Americab and operate under a single color scheme of copper.
Adopted Yeas - 7 Nays - 0
13. Resolution - 99 -1043 - Authorizing the Department of Planning and Economic Development to
submit a grant application to the Department of Trade and Economic Development under the
Contamination Cleanup Grant Program.
Adopted Yeas - 7 Nays - 0
14. Resolution - 99 -1044 - Authorizing the Department of Planning and Economic Development to
submit a grant application in the amount of $430,000.00 to the Metropolitan Council (Livable /Taxbase
Revitalization Account) for asbestos abatement at 720 Payne Avenue (Hamms Building).
Adopted Yeas - 7 Nays - 0
15. Resolution - 99 -1045 - Approving application for a Gambling Hall License by Galles Corporation,
dba Galles Liquors, 1325 Randolph Avenue. (Legislative Hearing Officer recommends approval)
Adopted Yeas - 7 Nays - 0
16. Resolution - 99 -1046 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 107 -115 Fairview Avenue North, 2290 Wycliff Street, 360
Lexington Parkway South, and 559 McKnight Road South.
Adopted Yeas - 7 Nays - 0
17. Resolution - 99 -1047 - Authorizing payment of $36,500.00 to complete the Pig's Eye Acquisition
proj ect.
Adopted Yeas - 7 Nays - 0
18. Resolution - 99 -1048 - Releasing $150,000.00 from City Council Contingency in the 1999 budget
for the Certificate of Occupancy program Y2K remediation and planning in the Department of Fire and
Safety Services.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
19. 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 from October 13)
Laid over to November 24 Yeas - 7 Nays - 0
20. Update from the Administration on the Prevention of Violence in the Workplace. (Update was
requested by Council on April 28, 1999)
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An update was presented by Alberto Quintela, Mayor's Office, and Larry Zangs, Department of
Planning and Economic Development.
21. Presentation by the Department of Planning and Economic Development on a zoning study on
trucking uses in industrial zones. (Requested by Council on July 14, 1999, C.F. 99 -649)
A report was given by Ken Ford, Department of Planning and Economic Development.
22. Report from the Administration regarding appointments to the Saint Paul Fair Housing Council.
(Requested by Council on September 15, 1999; C.F. 99 -880)
A report was given by Alberto Quintela, Mayor's Office.
23. 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 from
October 13)
A report was given by Terry Haltiner. Council requested an update on December 8, 1999.
ORDINANCES
24. Final Adoption - 99 -786 - An ordinance requiring disclosure of campaign contributions relating to
City managed competition contracts and collective bargaining agreements. (Substitute introduced on
October 13; laid over from October 20 for final adoption)
Reconsidered, substitute introduced and laid over to November 3 for final adoption Yeas - 7 Nays
-0
25. Third 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 November 3 for final adoption
26. Third 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 November 3 for final adoption
27. Second Reading - 99 -1034 - An ordinance amending Chapter 105 of the Saint Paul Legislative Code
by removing obsolete references to the "department of public health" to reflect the present "citizen
service office" department, division of "property code enforcement."
Laid over to November 3 for third reading /public hearing
28. Second Reading - 99 -1036 - An ordinance amending Chapter 85 of the St. Paul Administrative Code
allowing waivers for certain contracts.
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Laid over to November 3 for third reading /public hearing
29. First Reading - 99 -1049 - An ordinance memorializing City Council action taken October 6, 1999,
granting the application of Roger Bonfe to rezone property from RT -2 (townhouse residential) to P -1
(parking) to allow a parking lot in association with Bonfe Auto Repair, 366 and 372 Smith Avenue.
Laid over to November 3 for second reading
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
30. Third 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 November 3 for final adoption
31. Third 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 November 3 for final adoption
(Blakey and Reiter were excused at this time)
32. Third 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 allowing the conversion of a
single family residence at 1678 Selby Avenue into a professional office by rezoning the property from
RM -2 to 132 -C.
Laid over to November 3 for final adoption
33. Resolution - 99 -1050 - Concerning adverse action against All Licenses held by James Bailey, Inc.,
dba Arlington Pub, 721 Payne Avenue. (Uncontested
Adopted Yeas - 5 Nays - 0
34. Resolution - 99 -1051 - Concerning adverse action against the Auto Body Repair License Application
by James Choate, dba ASAP Bumper Shop, 815 Farrington Street. (Uncontested)
Adopted Yeas - 5 Nays - 0
35. Resolution - 99 -1052 - 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)
Adopted Yeas - 5 Nays - 0
36. Resolution - 99 -1053 - Concerning adverse action against the Cigarette License held by KLA, Inc.,
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dba Awada's On Plato, 199 Plato Boulevard. (Uncontested)
Adopted as amended Yeas - 5 Nays - 0
37. Resolution - 99 -1054 - Concerning the Restaurant and Malt On -Sale License Application by Hang &
Lor, Inc., dba Great Dragon Buffet, 945 -A Rice Street. (Uncontested)
Adopted Yeas - 5 Nays - 0
38. Resolution - 99 -1055 - Concerning adverse action against the Cigarette License held by Jerry Belgea
Enterprises, Inc., dba Jeraldine's, 605 Front Street. (Uncontested)
Adopted Yeas - 5 Nays - 0
39. Resolution - 99 -1056 - Concerning adverse action against the Auto Body Repair Garage license held
by John Smith, dba John M. Smith, 453 7th Street West. (Uncontested)
Adopted Yeas - 5 Nays - 0
40. Resolution - 99 -1057 - Concerning adverse action against the Cigarette License held by K -Mart
Corporation, dba K -Mart, 245 Maryland Avenue East. (Uncontested)
Adopted Yeas - 5 Nays - 0
41. Resolution - 99 -1058 - Concerning adverse action against the Cigarette License held by Sufian
Wazwaz dba Tobacco Field, 2419 West 7th Street. (Uncontested)
Adopted as amended Yeas - 5 Nays - 0
42. Resolution - 99 -1059 - Vacation of the east west alley, Block 3, F. W. Hoyts Rearrangement of Lots
25, 26, and 27, Hall and Brown's Addition to Hyde Park between Lexington Avenue, as widened and
153 feet west of Lexington Avenue, because the alley is unimproved and Public Works has no intention
to improve that part of the alley.
Adopted Yeas - 5 Nays - 0
43. Resolution - 99 -731 - Ordering the owner to remove or repair the building at 419 Sherburne Avenue
within fifteen (15) days from adoption of resolution. (Laid over from August 25) (Legislative Hearing
Officer recommends approval)
Adopted Yeas - 5 Nays - 0
44. Resolution - 99 -1060 - Ordering the owner to remove or repair the building at 1089 Marshall
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends laying over to the November 16, 1999, Legislative Hearing and the November 24,
1999, City Council meeting)
Laid over to November 24 Yeas - 5 Nays - 0
45. Resolution - 99 -1061 - Ordering the owner to remove or repair the building at 1328 Minnehaha
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Avenue West within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Adopted Yeas - 5 Nays - 0
46. Resolution Ratifying Assessment - 99 -1062 - In the matter of summary abatements (property clean-
up or grass cutting) during July, 1999 for property located at 1895 Magnolia Avenue East, 1183
Arkwright Street, and 917 Euclid Street (J9906 -7A). (Laid over from October 13) (Legislative Hearing
Officer recommends approving the assessment for 1895 Magnolia Avenue, deleting the assessment
for 1183 Arkwright Street, and reducing the assessment for 917 Euclid Street to 148.00 plus the
$40.00 service fee for a total of $188.00)
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 5 Nays - 0
47. 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
from October 13)
Adopted Yeas - 5 Nays - 0
48. 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) (Laid over from October 13)
Adopted Yeas - 5 Nays - 0
49. Public hearing concerning whether the requested transfer of control of the cable system from
MediaOne to AT &T may adversely affect subscribers.
Public testimony was received and the public hearing was continued to November 10, 1999. Yeas -
5 Nays - 0
50. Public hearing 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 allow development of a
housing complex for seniors age 55 and over.
Motion of Intent - Application Granted (including the findings and conclusions of the Planning
Commission as contained in its Resolution 99 -63 dated September 24, 1999) Yeas - 4 Nays - 0
(Harris not present)
51. Public hearing 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).
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Motion of Intent - Appeal Denied (including denial of the Special Condition Use Permit and
adopted the findings and determinations of the Planning Commission as contained in its
Resolution 99 -60 dated September 20, 1999) Yeas - 5 Nays - 0
Suspension Items
First Reading - 99 -1063 - An interim 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.
Laid over to November 3 for second reading Yeas - 6 Nays - 0 (Harris not present)
Resolution - 99 -1064 - Regulating trucking facilities pending passage of an interim ordinance.
Laid over to November 3 Yeas - 7 Nays - 0
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