Minutes 10-6-1999Page 1 of 10
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, October 6, 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
• Administrative Orders
• For Discussion
• Ordinances
• Public Hearings
CONSENT AGENDA (Items I - 46)
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 August 25 and September 1, 1999.
Adopted Yeas - 7 Nays - 0
2. Claims of Gary & Susan Buchner, Shirley Cardwell, Judith Carmichael, Melissa Carmichael, Robert
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Dittel, Jessica Harrington, Marc Harshman, Brenna Lee, Delores & Arthur Minkel, North Lakes
Investment, LLP, Katherine Olson, William Price, John Rossini, Sherry Sether, Gregory Sterling,
Thomas Villcheck, Rachel Watson, Pang Yang, and PaNhia Yang.
Referred to the Employee /Risk Management Office
3. Summons in the matter of Wasche Commercial Finishes, Inc. v. the City of Saint Paul.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of Eller Media, et al. v. members of the Saint Paul City
Council, et al.
Referred to the City Attorney's Office
5. Notice of Motion and Motion, Memorandum in Support of Motion to Disburse Eminent Domain
Funds, Affidavit of Thomas J. Reiter, and Proposed Order in the matter of 754 Sims Street, Saint Paul,
Minnesota.
Referred to the City Attorney's Office
6. Petition in Condemnation And Motion for Transfer of Title and Possession Under Minn. State. §
117.042, etc. in the matter of the Housing and Redevelopment Authority of the City of Saint Paul,
Minnesota v. the City of Saint Paul, et al.
Referred to the City Attorney's Office
7. Letter from the Citizen Service Office/ Property Code Enforcement declaring 762 Lafond Avenue as
"nuisance property." (For notification purposes only; a public hearing will be scheduled at a later date if
necessary.)
8. Administrative Orders:
. D001758 Amending the 1999 budget of the City Sales Tax Capital Projects Fund for the use of
Cultural STAR funds in the amount of $1,700,000 for the Lawson project loan.
. D001759 Amending the 1999 budget of the Neighborhood STAR Capital projects fund by
reallocating funds to the Undesignated Adopted Budget.
. D001760 Approving conference expenses, not to exceed $850.00, for the chair of the Police -
Civilian Internal Affairs Review Commission to attend the annual conference of the National
Association for Civilian Oversight of Law Enforcement on October 5 -8, 1999, in Kansas City,
MO.
. D001761 Establishing a schedule for 2000 qualifying pay periods for employee insurance
benefits.
Noted as on file in the City Clerk's Office
9. Resolution - 99 -891 - Approving the May 1, 1998, through April 30, 2001, Maintenance Labor
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Agreement between the City of Saint Paul and Operative Plasterers and Cement Masons International
Association, Local 633. (Laid over from September 22 for adoption)
Adopted Yeas - 7 Nays - 0
10. Resolution - 99 -892 - Approving the January 1, 1999, through December 31, 2000, Labor
Agreement between the City of Saint Paul and The Saint Paul Manual & Maintenance Supervisors
Association. (Laid over from September 22 for adoption)
Adopted Yeas - 7 Nays - 0
11. Resolution - 99 -893 - Approving the 1999 Wage and Fringe Re- opener between the City of Saint
Paul and International Union of Elevator Constructors Local 9. (Laid over from September 22 for
adoption)
Adopted Yeas - 7 Nays - 0
12. Resolution - 99 -894 - Approving the 1999 Wage and Fringe Re- opener between the City of Saint
Paul and the Bricklayers and Allied Craftworkers Local 1 of Minnesota. (Laid over from September 22
for adoption)
Adopted Yeas - 7 Nays - 0
13. Resolution - 99 -933 - Approving a Memorandum of Understanding between the City of Saint Paul
and the Police Federation. (To be laid over one week for adoption)
Laid over to October 13 for adoption
14. Resolution - 99 -934 - Honoring the late David J. Dickhut for his years of service to the City of Saint
Paul.
Adopted Yeas - 7 Nays - 0
15. Resolution - 99 -935 - Authorizing payment of $10,000.00 to Shawna Bradlich in full settlement of
her claim against the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
16. Resolution - 99 -936 - Approving the release of certain utility easements and easements for slopes,
cuts and fills in the property now occupied by Arlington High School.
Adopted Yeas - 7 Nays - 0
17. Resolution - 99 -937 - Authorizing the purchase of property at 1697 Hoyt Avenue East as part of
Phase I of the Hoyt- Montana Flood Remediation Project.
Adopted Yeas - 7 Nays - 0
18. Resolution - 99 -938 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 147 Maria Avenue, 1716 Grand Avenue, 234 Montrose
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Place, 1847 Laurel Avenue, 909 Clark Street, 1440 Edgerton Street, 960 Western Street North, 370
Fuller Avenue, 2167 Old Hudson Road, and 1115 Greenbrier Street.
Adopted Yeas - 7 Nays - 0
19. 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. (Legislative Hearing Office recommends approval with one condition)
Amended and laid over to October 13 Yeas - 7 Nays - 0
20. Resolution - 99 -940 - Directing the Planning Commission to consider the Snelling- Hamline Special
Sign District Plan and forward a recommendation to the City Council by December 8, 1999.
Adopted Yeas - 7 Nays - 0
21. Resolution - 99 -941 - Directing the Planning Commission to consider the WSCO Special Sign
District Plan and forward a recommendation to the City Council by December 8, 1999.
Adopted Yeas - 7 Nays - 0
22. Resolution - 99 -942 - Memorializing the decision of the City Council on August 11, 1999, denying
the appeals of Mary Ann Reilly and the Hamline Midway Coalition to a decision of the Planning
Commission to modify Hamline University's special condition use permit to allow construction of an
apartment style dormitory on Englewood Avenue between Pascal and Simpson Streets.
Adopted Yeas - 7 Nays - 0
23. Resolution - 99 -943 - Amending the 1999 Federal Grant Budget in the Office of the City Attorney.
Adopted Yeas - 7 Nays - 0
24. Resolution - 99 -944 - Authorizing submittal of the 2000 to 2003 Saint Paul- Ramsey County
Community Health Assessment and Program Plan (CHS Plan) to the Minnesota Department of Health.
Adopted Yeas - 7 Nays - 0
25. Resolution - 99 -945 - Increasing the central 1999 budget for department and office Y2K remediation
and planning.
Adopted Yeas - 7 Nays - 0
26. Resolution - 99 -946 - Authorizing the City to sell Steam Locomotive 2156 to the Minnesota
Transportation Museum for $1.00.
Adopted Yeas - 7 Nays - 0
27. Resolution - 99 -947 - Agreeing to indemnify and hold harmless Highland Groveland Recreation
Association from any claims resulting from the City's use of Highland Groveland Recreation
Association's soccer goals for the fall soccer program.
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Adopted Yeas - 7 Nays - 0
28. Resolution - 99 -948 - Establishing a new project in the 1999 Capital Improvement Budget entitled
Battle Creek Recreation Center Site Development.
Adopted Yeas - 7 Nays - 0
29. Resolution - 99 -949 - Establishing a new project in the 1999 Capital Improvement Budget entitled
Trout Brook Corridor Acquisition.
Adopted Yeas - 7 Nays - 0
30. Resolution - 99 -950 - Authorizing application for the Livable Communities Demonstration Program.
Adopted Yeas - 7 Nays - 0
31. Resolution - 99 -951 - Approving execution of Subordination Agreement in connection with issuance
of additional bonds and use of City's Entitlement Allocation for District Energy Project Conduit Bonds.
(Companion to HRA Resolution 9- 22 -99)
Adopted Yeas - 7 Nays - 0
32. Resolution - 99 -952 - Setting a public hearing date of November 10, 1999, for the 2000 Sanitary
Sewer and Storm Sewer rates.
Adopted Yeas - 7 Nays - 0
33. Resolution - 99 -953 - Amending and /or closing the spending and financing plans of various capital
project accounts in the Department of Public Works.
Adopted Yeas - 7 Nays - 0
34. Resolution - 99 -954 - Amending the spending and financing plans of the Major Sewer Repairs -98
and the Sewer System Rehabilitation -98 budgets in the Department of Public Works by increasing
Sewer Service Fund financing.
Adopted Yeas - 7 Nays - 0
35. Resolution - 99 -955 - Amending the spending and financing plans of the Prosperity- Johnson to Rose
project by transferring funding from the Phalen Wetland Phase II project.
Adopted Yeas - 7 Nays - 0
36. Resolution - 99 -956 - Authorizing the Mayor and the City Engineer to enter into an agreement with
the Minnesota Department of Transportation which prescribes terms and conditions of Federal Aid
participation on City of Saint Paul Roadway, Bridge and Transit Projects.
Adopted Yeas - 7 Nays - 0
37. Resolution - 99 -957 - Establishing a financing and spending plan in the Police Department for
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funding received from the State of Minnesota for the Victim Intervention Program.
Adopted Yeas - 7 Nays - 0
38. Resolution - 99 -958 - Increasing the 1999 financing and spending plan in the Police Department for
the remaining Cops Demonstration Federal Grant Funds.
Adopted Yeas - 7 Nays - 0
39. Resolution - 99 -959 - Establishing the Rate of Pay for the position of Geographic Information
Systems Developer.
Adopted Yeas - 7 Nays - 0
40. Resolution - 99 -960 - Approving the Rate of Pay for the proposed new title of Print Production Lead
Worker.
Adopted Yeas - 7 Nays - 0
41. Preliminary Order - 99 -961 - In the matter of improving streets with bituminous roadway, concrete
curb and gutter, concrete driveway aprons and outwalks, boulevard sodding, tree planting, construction
of a lantern style lighting system, and all other work necessary to complete improvements for the
Western /Lawson Street Paving and Lighting Project, and setting date of public hearing for November 3,
1999. (File 418904)
Adopted Yeas - 7 Nays - 0
42. Preliminary Order - 99 -962 - In the matter of construction of water, sanitary sewer, storm sewer
service connections and sidewalk reconstruction, if requested by the property owner, in conjunction with
the Western- Lawson Area Street Paving and Lighting Project, and setting date of public hearing for
November 3, 1999. (File 418904C)
Adopted Yeas - 7 Nays - 0
43. Resolution Approving Assessment - 99 -963 - In the matter of assessing the improvements along
Dale Street North from Minnehaha to University Avenues, and setting date of public hearing for October
13, 1999. (File 41803)
Adopted Yeas - 7 Nays - 0
44. Resolution Approving Assessment - 99 -964 - 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, and setting date of public hearing for October 13, 1999. (File 418803 OP)
Adopted Yeas - 7 Nays - 0
45. Resolution Approving Assessment - 99 -965 - 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, and setting date of public hearing for October
13, 1999. (File 418836)
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Adopted Yeas - 7 Nays - 0
46. Resolution Approving Assessment - 99 -966 - 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, and setting
date of public hearing for October 13, 1999. (File 418886 OP)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
47. Update by Vince Gillespie, Division of Parks and Recreation, on a Completed Work Plan addressing
the recommendations in the Performance Audit. (Update requested by the Council on April 7, 1999)
Vince Gillespie presented a six -month update; a twelve -month update will be provided on April 5,
2000.
ORDINANCES
48. Final Adoption - 99 -786 - An ordinance requiring disclosure of campaign contributions relating to
City managed competition contracts and collective bargaining agreements. (Laid over from September
22 for final adoption)
Laid over to October 13 for final adoption Yeas - 7 Nays - 0
49. 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 September 22 for
final adoption)
Laid over to October 13 for final adoption Yeas - 7 Nays - 0
50. First 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 13 for second reading
51. First 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 13 for second reading
52. First Reading - 99 -969 - An ordinance finalizing City Council action taken September 8, 1999, 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
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existing foundry building.
Laid over to October 13 for second reading
PUBLIC HEARINGS
53. Final Order - 99 -970 - In the matter of constructing the RiverCentre Connection between
RiverCentre and the existing skyway system at Landmark Tower, which includes a new skyway across
4th Street and tunnel along the south side of 4th Street from mid -block between St. Peter and Market
Streets to the Rice Park entrance of RiverCentre.
Adopted as amended Yeas - 5 Nays - 2 (Blakey, Harris)
54. Public hearing on the recommendation of the Planning Commission on the Hamline Midway Special
Sign District Plan.
No action required
(Harris was excused at this time)
55. Third Reading - 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 and laid over to October 13 for final adoption
Yeas - 6 Nays - 0
56. Public hearing on the recommendation of the Planning Commission on the Merriam Park Special
Sign District Plan.
No action required
57. Third Reading - 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 and laid over to October 13 for final adoption
Yeas - 6 Nays - 0
58. Resolution - 99 -732 - Ordering the owner to remove or repair the building at 1329 Van Buren
Avenue within fifteen (15) days from adoption of resolution. (Laid over from August 25) (Legislative
Hearing Officer recommends approval)
Adopted Yeas - 5 Nays - 0 (Benanav not present)
59. Resolution 99 -919 - Authorizing the vacation of the alley in Block 6, Auditors Subdivision No. 47 to
allow Hamline University to construct an apartment building for student housing in the block bounded
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by Minnehaha Ave., Simpson St., Englewood Ave., and Pascal St. (Laid over from September 22)
Adopted Yeas - 6 Nays - 0
60. Resolution - 99 -971 - Authorizing the vacation of right -of -way interest in part of Daly and Toronto
Streets between Grace Street and Osceola Connection.
Adopted Yeas - 6 Nays - 0
61. Resolution - 99 -972 - Ratifying 1999 Street and Alley Maintenance Service Charge.
Adopted Yeas - 6 Nays - 0
62. Resolution - 99 -973 - Approving a Revenue Bond Required Housing Program which will allow up
to $20,500,000 in bonds or other obligations to be issued by the Housing and Redevelopment Authority.
Adopted Yeas - 5 Nays - 0 (Coleman not present)
63. Resolution Ratifying Assessment - 99 -974 - In the matter of sidewalk and paving improvements in
connection with the Hampden/University Area Street Paving and Lighting Project (affected properties
are 791 Raymond Avenue, 2388 University Avenue, and 656 Pelham Boulevard). (File 418724 -SW)
Adopted Yeas - 5 Nays - 0 (Coleman not present)
64. Resolution Ratifying Assessment - 99 -975 - In the matter of street improvements on Pillsbury Street
from Raymond Avenue to St. Anthony Avenue in connection with the Eustis /Desnoyer Area Street
Paving and Lighting Project. (File 418760 -A)
Adopted Yeas - 6 Nays - 0
65. Resolution Ratifying Assessment - 99 -976 - In the matter of street improvements on Brompton
Street from Doswell Avenue to Chilcombe Avenue in connection with the Como /Arona Area Street
Paving and Lighting Project. (File 418768 -B)
Adopted Yeas - 6 Nays - 0
66. Resolution Ratifying Assessment - 99 -977 - In the matter of sidewalk reconstruction on the
Raymond Avenue side of property located at 2388 University Avenue in connection with the
Hampden/University Area CSSP Project. (File 4187705)
Adopted Yeas - 6 Nays - 0
67. Resolution Ratifying Assessment - 99 -978 - In the matter of grading and paving of Mystic Street
from Burlington Road to approximately 420 feet south of Burlington Road, and construction of sanitary
sewer connections. (File 418846)
Adopted Yeas - 6 Nays - 0
68. Resolution Ratifying Assessment - 99 -979 - In the matter of water service connections on Mystic
Street in connection with the Mystic Street Improvement Project from Burlington Road to 420 feet south
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of Burlington Road. (File 418846WC)
Adopted Yeas - 6 Nays - 0
69. Resolution Ratifying Assessment - 99 -980 - In the matter of operation of the Above Standard Street
Lighting System for January through December, 1999, for Lowertown Area, Selby- Western Area, Ford -
Cleveland Area, Grand -East I Area, Grand -West Area, Grand -East II Area, North Wabasha Area, Smith
Avenue Area, Wabasha -5th -6th Area, Selby Revitalization Area 41, Concord Phase I Area, Selby
Revitalization Area 42, St. Peter Street Area, River Park Plaza Area, University - Western- Mackubin
Area, Snelling - Randolph Area, East 7th - Arcade Area, City Hall- Courthouse Area, United Children's
Hospital Area, Como - Snelling Area, and Landmark Center Area.
Adopted Yeas - 6 Nays - 0
70. Final Order - 99 -981 - In the matter of operation of the Above Standard Street Lighting System for
January through December, 2000, for Lowertown Area, Selby- Western Area, Ford - Cleveland Area,
Grand -East I Area, Grand -West Area, Grand -East II Area, North Wabasha Area, Smith Avenue Area,
Wabasha -5th -6th Area, Selby Revitalization Area 41, Concord Phase I Area, Selby Revitalization Area
42, St. Peter Street Area, River Park Plaza Area, University - Western- Mackubin Area, East 7th - Arcade
Area, Snelling - Randolph Area, City Hall- Courthouse Area, Children's Hospital Area, Landmark Center
Area, and Como - Snelling Area.
Adopted Yeas - 6 Nays - 0
71. Public hearing to consider 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 (between Grand and Forbes).
Motion of Intent - Application Granted (including the findings and conclusions of the Planning
Commission as contained in its Resolution 99 -58 dated September 18, 1999) Yeas - 6 Nays - 0
72. Public hearing to consider the appeal of Doug King to a decision of the Board of Zoning Appeals to
approve variances to construct a car port but deny a variance to allow a parking space 2 feet from the
side property line at 750 Blair Avenue.
Motion of Intent - Appeal and Variance Granted Yeas - 6 Nays - 0
(The City Council finds that there was an error in findings of fact or procedure by the Board of
Zoning Appeals in that the garage has been cleaned out and can be used for one car)
73. Public hearing concerning MediaOne's violations of material terms of the cable television franchise
related to customer service.
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