Minutes 12-22-1999Page 1 of 9
ACTION 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
Nancy Anderson, Assistant Secretary to the Council
Mary Erickson, Clerical Support - 651- 266 -8565
Office of the City Council
Present - 6 - Benanav, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 1 - Blakey (excused)
Web Index
• Consent Agenda
• For Action
• Administrative Orders
• For Discussion
• Ordinances
• Public Hearings
• Miscellaneous
• Suspension Items
• Additional Item
CONSENT AGENDA (Items I - 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.
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.
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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
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
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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. 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.
Adopted Yeas - 6 Nays - 0
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
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
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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. Resolution - 99 -1218 - Changing some of the roadways designated as Municipal State Aid (MSA)
and County State Aid Highways (CSAH).
Laid over to January 12 Yeas - 6 Nays - 0
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
FOR DISCUSSION
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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)
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)
A report was presented by Bob Kessler, Office of License, Inspections and Environmental
Protection. Their annual report will be presented 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)
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.
(Laid over from December 8)
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).
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-
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Hamline Special District Sign Plan.
Laid over to January 5 for second reading
(Coleman was excused at this time)
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
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.
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.
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)
Adopted the Findings of Fact and Conclusion of Law in the Administrative Law Judge (ALJ)
report and suspended 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)
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.
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.
Adopted Yeas - 5 Nays - 0
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)
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
418916S) (To be laid over to January 12 for public hearing)
Laid over to January 12 for public hearing Yeas - 5 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.
Suspension Items
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
Resolution - 99 -1235 - Recognizing outgoing Legislative Aide Dan Smith and proclaiming December
29, 1999 as Dan Smith Day in Saint Paul.
Adopted Yeas - 6 Nays - 0
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
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
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
Resolution - 99 -1239 - Approving a contract with Craig Ayers and Leonard, Street and Deinard, P.A. for
Labor Relations consulting services.
Adopted As amended Yeas - 6 Nays - 0
Resolution - 99 -1240 - Reducing the assessment, which was calculated incorrectly, for 1002 Orange
Avenue East (Ivy /Earl Street Paving and Lighting Project).
Adopted Yeas - 6 Nays - 0
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
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
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
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Additional Item
An open letter to Mayor Coleman and the St. Paul City Council from the "No Connect" Coalition was
presented by Councilmember Benanay.
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