Minutes 5-12-1999Page 1 of 6
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, May 12, 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 - 266 -8565
Office of the City Council
Web Index
• Consent Agenda
• For Action
• Administrative Orders
• For Discussion
• Ordinances
• Public Hearings
Present - 4 - Benanav, Blakey,Lantry, Reiter
Absent - 3 - Bostrom, Coleman,Harris (arrived later in the meeting)
CONSENT AGENDA(Items I - 22)
NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDAWILL 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 CONSIDEREDSEPARATELY.
FOR ACTION
1. Claims of Donna Bolles, AmaliaChristopherson, Pat Flannigan, Melva Holmes, and Jennifer Weiler.
Referred to the Employee /RiskManagement Office
2. Notice of Commissioners'Hearing in the matter of the Housing and Redevelopment Authority of
theCity of Saint Paul vs. the City of Saint Paul, et al. regarding condemnationof certain real property
located in the City of Saint Paul.
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Referred to the CityAttorney's Office
3. Summons in Applicationfor Registration in the matter of registration of title to certain propertylocated
in the City of Saint Paul. (Allina Health System)
Referred to the CityAttorney's Office
4. Letter from the Officeof the City Attorney announcing a hearing before an Administrative LawJudge
on June 3, 1999, 9:30 a.m., Room 40 -A, City Hall- Courthouse, concerningthe license application of
Vernon Crowe, dba Selby Wine & Spirits,778 Selby Avenue.
5. Letter from the Officeof License, Inspections and Environmental Protection announcing a
publichearing before the City Council on May 26, 1999, to consider the applicationfor a sound level
variance by Jane and Joe Anfang for a live music concertto be held on June 4, 1999, from 7:00 p.m. to
9:00 p.m. at 2099 Selby Avenue.
6. AdministrativeOrders:
. D001700 Authorizing payment,not to exceed $350.00, to Events by Design for a Police
Department courseentitled "Instructor Development."
. D001701 Accepting Stateof Minnesota Petro Fund reimbursement and amending the budget in the
Divisionof Parks and Recreation Underground Fuel Tank Removal Project and 1999Capital
Maintenance Program.
Noted as on file in the City Clerk's Office
7. Resolution - 99 -400 - Approvingthe appointment of Joseph Errigo, by Mayor Coleman, to the Saint
Paul HeritagePreservation Commission.
Adopted Yeas - 4 Nays- 0
8. Resolution - 99 -401 - Approving the appointments of Carleton Crutchfield, LeClair Grier
Lambert,Amanda Welliver, and Lawrence Grewach, by Mayor Coleman, to the Saint PaulHuman Rights
Commission.
Adopted Yeas - 4 Nays- 0
9. Resolution - 99 -402 - Approving the appointments of Robert Awsumb, Clarice Gombold, Steven
Lehr,and Justin Mishek, and the reappointments of Douglas Gale, Randy Geller,Henry Kristal, William
Mason, III, and Abigail McKenzie andBetsy Van Heeke, by Mayor Coleman, to the Business Review
Council.
Adopted as amended Yeas- 4 Nays - 0
10. Resolution - 99 -403 - Approving the decision of the Legislative Hearing Officer on Property
CodeEnforcement Appeals for property located at 1401 -1403 Midway Parkway,1540Lincoln Avenue,
1295 Rice Street, 359 Maria Avenue, 910 Forest Street,and 414 Lexington Parkway North, Unit 4.
Adopted as amended Yeas -4 Nays - 0
910 Forest Street laidover to May 19
Yeas - 5 Nays - 0(Bostrom & Harris not present for vote)
11. Resolution - 99 -404 - Approving the application for a Liquor Off Sale License, by Anita S. Keo,dba
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Seven Bears Liquor, 1785 Seventh Street East. (Legislative HearingOfficer recommends approval
with conditions)
Adopted as amended Yeas- 5 Nays - 0 (Bostrom & Harris not present for vote)
12. Resolution - 99 -405 - Memorializing the decision of the City Council on March 10, 1999, grantingthe
appeal of St. Anthony Park Community Council to a decision of the PlanningCommission approving a
site plan for an Amoco gas and convenience storeat the northwest corner of Kasota Avenue and
Highway 280.
Adopted Yeas - 4 Nays- 0
13. Resolution - 99 -406 - Accepting the print titled "The Spirit of Saint Paul Now and Forever. "
Adopted Yeas - 4 Nays- 0
14. Resolution - 99 -407 - Declaring June Capital City Pride Month, and June 19, 1999, Capital CityPride
Day.
Adopted Yeas - 4 Nays -1 (Reiter)
15. Resolution - 99 -408 - Finalizing City Council action taken April 28, 1999, approving the
applicationfor a preliminary and final plat for the Cemstone Midway Addition.
Adopted Yeas - 4 Nays- 0
16. Resolution - 99 -409 - Approving additional financing for the Dunning Recreation Building
andStadium renovation.
Adopted Yeas - 4 Nays- 0
17. Resolution - 99 -410- Approving sales tax to include use tax as part of Minnesota Statute 297A.48.
Adopted Yeas - 4 Nays- 0
18. Preliminary Order - 99 -411- In the matter of sidewalk reconstruction on the south side of West
IdahoAvenue from North Oxford Street to West 200 ft., and setting date of publichearing for June 23,
1999. (File 4S99011)
Adopted Yeas - 4 Nays- 0
19. Preliminary Order - 99 -412- In the matter of sidewalk reconstruction on the east side of North
FairviewAvenue from Hewitt Avenue to Pierce Butler Route and the west side of NorthWheeler Street
from Hewitt Avenue to Taylor Avenue, and setting date ofpublic hearing for June 23, 1999. (File
4S99012)
Adopted Yeas - 4 Nays- 0
20. Preliminary Order - 99 -413- In the matter of sidewalk reconstruction in various areas of Ward l,and
setting date of public hearing for June 9, 1999. (File 4S99055- S99064)
Adopted Yeas - 4 Nays- 0
21. Preliminary Order - 99 -414- In the matter of sidewalk reconstruction in various areas of Wards 4and
7, and setting date of public hearing for June 23, 1999. (File 4S99074- S99078)
Adopted Yeas - 4 Nays- 0
22. Preliminary Order - 99 -415- In the matter of sidewalk reconstruction in various areas of Wards land
3, and setting date of public hearing for June 23, 1999. (File 4S99079- S99085)
Adopted Yeas - 4 Nays- 0
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FORDISCUSSION
23. Resolution - 99 -321 - Approvingapplication for Auto Repair Garage and Second Hand Dealer -Motor
VehicleLicenses by Nasseh Ghaffari, dba Heartland Auto Sales, 1236 Arcade Street. (Legislative
Hearing Officer recommends approval with conditions)(Laid over from May 5)
Laid over to May 26 Yeas- 7 Nays - 0
24. Update from Department ofPlanning and Economic Development staff on the 1999 Minneapolis /St.
PaulSingle Family Housing Program. (Update requested by the Council on Aprill4, 1999)
An update was presented atthe Housing and Redevelopment Authority meeting on May 12, 1999.
ORDINANCES
25. FinalAdoption - 99 -231 - An ordinance amending Sections 376.16 and 376.17 ofthe Saint Paul
Legislative Code; establishing taxicab driver training asa prerequisite for licensure. (Substitute
introduced and laid over fromMay 5)
Adopted Yeas - 4 Nays -1 (Coleman) (Bostrom & Harris not present for vote)
26. Final Adoption - 99 -272 -An ordinance requiring the inspection and registration of certain
rentalunits in one and two family dwellings. (Amended and laid over from May5)
Adopted Yeas - 5 Nays- 2 (Benanav, Blakey)
27. Final Adoption - 99 -273 -An ordinance amending Saint Paul Legislative Code Chapter 310 to
increasethe Automated Pawn System Billable Transaction Fee to reflect enforcementcosts. (Laid over
from April 21)
Laid over to May 19 Yeas- 5 Nays - 0 (Bostrom & Harris not present for vote)
28. Final Adoption - 99 -353- An ordinance amending Chapter 34 of the Saint Paul Legislative Code
toaccurately reflect current enforcement practices, to update appeals action,and to address emergency
vacate orders.
Adopted Yeas - 5 Nays- 0 (Bostrom & Harris not present for vote)
29. Second Reading - 99 -395- An ordinance to establish a distance limitation between
establishmentslicensed to sell 3.2 percent malt liquor at off -sale.
Laid over to May 26 forthird reading /public hearing
30. Second Reading - 99 -396- An ordinance finalizing City Council action approving a petition
forFriends School of Minnesota to rezone property at 1365 Englewood Avenuefrom RM -3 to OS -1 to
allow expansion of the existing school. (Public hearingheld October 28, 1998)
Laid over to May 19 forthird reading
31. First Reading - 99 -416- An ordinance finalizing City Council action approving the applicationof
Michael Nadeau to rezone property at 377 West Maryland Avenue from B -3to R -4 to reflect current use
of the property. (Public hearing held January27, 1999)
Laid over to May 19 forsecond reading
32. First Reading - 99 -417- An ordinance finalizing City Council action approving the applicationof
Cayuga Street, LLC to rezone property at 199/201 Cayuga Street fromRT -1 to I -1 to allow development
of surface parking. (Public hearing heldJanuary 27, 1999)
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Laid over to May 19 forsecond reading
PUBLICHEARINGS (public hearings will begin at 5:30 p.m.)
33. Resolution- 99 -418 - Approving application for a sound level variance by the St.Paul Saints Baseball
Club for two live music concerts to be held at MidwayStadium, 1771 Energy Park Drive, on July 17,
1999, from 1:00 p.m. to 10:00p.m. and July 18, 1999, from 1:00 p.m. to 9:00 p.m. (Public hearing
continuedfrom May 5)
Adopted Yeas - 7 Nays- 0
34. Resolution - 99 -419 - Concerning adverse action against the application of Gerald Grossman foran
Auto Repair Garage and Second Hand Motor Vehicle Dealer's License at519 University Avenue.
(Uncontested)
Laid over to May 26 Yeas- 7 Nays - 0
35. Resolution - 99 -420 - Concerning adverse action against the Master Plumber and Gas Fitter
CompetencyCard held by Richard Fischer, North Star Plumbing, 419 Beacon Avenue. (Uncontested)
Adopted as amended Yeas- 5 Nays - 2 (Bostrom, Reiter)
36. Resolution - 99 -421 - Concerning adverse action against the application for an Auto Body
RepairShop License by Richard Diaz, dba Rick Diaz Auto Services, 933 AtlanticStreet. (Uncontested)
Laid over to May 26 Yeas- 7 Nays - 0
37. Resolution - 99 -422 - Concerning adverse action against the Renewal Application for a
TaxicabDriver's License by Henry C. Hormann, 738 3rd Street East. (Uncontested)
Adopted Yeas - 7 Nays- 0
38. Resolution - 99 -423 - Removing the "No Parking 8AM -8PM, Monday- Friday, Except by Permit"
zoneon the west side of Exeter Place between Mississippi River Boulevard andOtis Avenue and on the
west side of Exeter Place from Riverwood Place to 140 feet south.
Adopted Yeas - 7 Nays- 0
39. Resolution - 99 -424 - Requesting the owner to remove or repair the building at 372 Clifton
Streetwithin fifteen (15) days from adoption of resolution. (Legislative HearingOfficer recommends
approval)
Adopted Yeas - 7 Nays- 0
40. Resolution - 99 -425 - Making certain determinations and findings necessary for acquisition ofa parcel
at the northeast corner of Pelham Boulevard and Myrtle Avenue.
Laid over to May 26 forcontinuation of public hearing Yeas - 7 Nays - 0
41. FinalOrder - 99 -314 - In the matter of condemning and taking a permanent roadwayeasement to
improve the intersection of White Bear Avenue and MinnehahaAvenue.
(File 418895E) (Laid over fromApril 14)
Laid over to June 9 forcontinuation of public hearing
Yeas - 6 Nays - 0 (Colemannot present for vote)
42. Final Order - 99 -426 - Inthe matter of condemning and taking fee simple title for a property
nearMississippi Street and Cayuga Street for Phalen Boulevard and for partof the East Metro Bus
Facility. (File 418900)
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Adopted Yeas - 7 Nays- 0
43. Public hearing to considerthe appeal of JLT Group to a decision of the Planning Commission
approvinga site plan for a trucking facility at approximately 630 Prior Avenue Northwith conditions
regulating access to the site, noise, hours of operationand other issues.
Motion to grant the appealsof the Hamline Midway Coalition and the Sierra Club
Failed Yeas - 2 Nays- 5 (Blakey, Bostrom, Coleman, Harris, Reiter)
Motion to deny the appealof JLT Group, and approve the site plan and the findings, conclusions
andrecommendations of the Planning Commission with amendments.
Adopted Yeas - 5 Nays -2 (Harris, Reiter)
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