Minutes 7-14-1999Page 1 of 7
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, July 14, 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
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 - 21)
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 June 2, 1999.
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Adopted Yeas - 7 Nays - 0
2. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on Thursday, August 19, 1999, at 9:30 a.m., Room 41, City Hall- Courthouse, concerning the
contractor's license held by Midwest Outdoor Advertising.
3. Letter from the Citizen Service Office /Property Code Enforcement declaring 1089 Marshall Avenue
as "nuisance property." (For notification purposes only; a public hearing will be scheduled at a later date
if necessary.)
4. Resolution - 99 -647 - Approving the Memorandum of Agreement between the City of Saint Paul and
the Lakes and Plains Regional Council of Carpenters and Joiners for the 1999 wage and fringe re-
opener. (To be laid over one week for adoption)
Laid over to June 21
5. Resolution - 99 -648 - Approving the terms and conditions of an agreement with the Board of Water
Commissioners covering direct and indirect central services to be performed by the City for Water
Utility. Adopted Yeas - 7 Nays - 0
6. Resolution - 99 -649 - Bireeting Requesting the Department of Planning and Economic Development
to prepare a zoning study on trucking uses in industrial zones and make a presentation to the City
Council at their October 27, 1999, meeting.
Adopted as amended Yeas - 7 Nays - 0
7. Resolution - 99 -650 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 227 Montrose Place; 2026 and 2030 Brewster Street; 1166
Barclay Street; 643 and 647 Cleveland Avenue South; 1521 McAfee Street; Lot 7, Lewiston Heights -
Fourth Addition (South Highwood); 1607 Hewitt Avenue; 416 Charles Avenue; 591 Payne Avenue; 616
Ivy Street East; 421 Holly Avenue; 1615 St. Anthony Avenue; 1252 Seventh Street East; and 559
McKnight Road South.
Adopted as amended Yeas - 7 Nays - 0
(1615 St. Anthony Avenue laid over to August 11)
8. Resolution - 99 -651 - Amending the 1999 Residential Street Paving project budget by transferring
funding from the City -Wide Sidewalk Program, the Local, Street, Sewer and Alley Project, the Sewer
Rehabilitation Program and adding financing from the Water Utility.
Adopted Yeas - 7 Nays - 0
9. Resolution - 99 -652 - Regarding extension of the deadline for MediaOne to provide AM equipment
test documentation to the City.
Adopted Yeas - 7 Nays - 0
10. Resolution - 99 -653 - Releasing a sewer easement on, over, under, and across Lot 18, Block 58,
Desnoyer Park.
Adopted Yeas - 7 Nays - 0
11. Resolution - 99 -654 - Amending the spending and financing plans of the Major Sewer Repairs -99
budget in the Department of Public Works by increasing Sewer Service Fund financing.
Adopted Yeas - 7 Nays - 0
12. Resolution - 99 -655 - Establishing a financing and spending plan in the Police Department for the
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Innovative Local Law Enforcement and Community
through September 30, 1999.
Adopted Yeas - 7 Nays - 0
Policing Program grant for the period June 1, 1999
13. Resolution - 99 -656 - Establishing a 1999 financing and spending plan for the remaining balance in
the 1998 Narcotics Control grant.
Adopted Yeas - 7 Nays - 0
14. Resolution - 99 -657 - Authorizing the Police Department to enter into an agreement with
Independent School District 4625 to participate in the St. Paul School Police Program.
Adopted Yeas - 7 Nays - 0
15. Preliminary Order - 99 -658 - In the matter of improving the alley in Block 3, Phalen Heights Park,
by grading paving with bituminous material (bounded by Earl, Hyacinth, Frank, and Orange, and setting
date of public hearing for July 28, 1999. (File 18902)
Adopted Yeas - 7 Nays - 0
16. Preliminary Order - 99 -659 - In the matter of condemning and taking an easement in the land
necessary for the slope, cuts and fills in connection with grading and paving the alley in Block 3, Phalen
Heights Park (bounded by Earl, Hyacinth, Frank, and Orange), and setting date of public hearing for
July 28, 1999. (File 418902 -S)
Adopted Yeas - 7 Nays - 0
17. Preliminary Order - 99 -660 - In the matter of the Seventh Place Mall Operation and Maintenance
Costs for 1999, and setting date of public hearing for September 1, 1999. (File 418328 -99)
Adopted Yeas - 7 Nays - 0
18. Resolution Approving Assessment - 99 -661 - In the matter of the assessment of benefits, cost and
expenses for the Seventh Place Mall Operation and Maintenance costs for 1998, and setting date of
public hearing for September 1, 1999. (File 418428 -1998)
Adopted Yeas - 7 Nays - 0
19. Preliminary Order - 99 -662 - In the matter of the Operation and Maintenance Costs for the
Arcade /Case and the Grand /Snelling Parking Lots for 2000, and setting date of public hearing for
September 1, 1999. (File 418744 & 18746)
Adopted Yeas - 7 Nays - 0
20. Resolution Approving Assessment - 99 -663 - In the matter of the assessment of benefits, cost and
expenses for the Arcade /Case and the Grand /Snelling Parking Lots Operation and Maintenance Costs
for 2000, and setting date of public hearing for September 1, 1999. (File 418744 & 19746)
Adopted Yeas - 7 Nays - 0
21. Resolution Approving Assessment - 99 -664 - 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), and setting date of public hearing for October 13, 1999. (File 418866)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
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22. Resolution - 99 -256 - Requesting that the Office of the City Attorney (CAO) prepare a Request for
Proposal (RFP) that would seek proposals from private law firms to commence suit against gun
manufacturers and dealers and after the proposals have been evaluated, the report and recommendations
of the CAO shall be submitted to the Mayor and Council, if possible no later than June 1, 1999. (Laid
over from April 14) (Communication from City Attorney's Office requested to present their report
on August 11)
Laid over to August 11 Yeas - 7 Nays - 0
23. Consideration of the report of the Administrative Law Judge concerning the License Application of
Abdulhadi K. Abrahim, dba Mona's for a 3.2 Malt Off -Sale License at 920 Selby Avenue. (Public
hearing held on June 23 and laid over)
Laid over to July 28 Yeas - 7 Nays - 0
24. Resolution - 99 -622 - Approving State Legislation which authorized the City of Saint Paul to issue
an on -sale intoxicating liquorlicense to the Fitzgerald Theatre. (Laid over from July 7)
Adopted Yeas - 6 Nays -1 (Reiter)
25. Resolution - 99 -623 - Approving State Legislation which authorized the City of Saint Paul to issue
an on -sale intoxicating liquor license to Macalester College and the Twin Cities Marathon. (Laid over
from July 7)
Adopted Yeas - 6 Nays -1 (Reiter)
26. Resolution - 99 -665 - Requesting revenue estimates, budget options and mayoral policy
recommendations relating to excess pension fund assets for Saint Paul's Police and Fire PERA
Consolidated Pension accounts.
Substitute introduced and adopted Yeas - 7 Nays - 0
ORDINANCES
27. Final Adoption - 99 -526 - An ordinance amending Chapter 409.05 and 409.11 of the Saint Paul
Legislative Code; citing Chapter 310 for fees of licenses; waiving fees for government agencies.
Adopted Yeas - 7 Nays - 0
28. Final Adoption - 99 -567 - An ordinance amending Section 357.08 of the Saint Paul Legislative Code
relating to residential composting.
Adopted Yeas - 7 Nays - 0
29. Second Reading - 99 -612 - An ordinance amending Ordinance 97 -1568 (establishing a moratorium
prohibiting new advertising signs and modification of existing advertising signs pending city zoning
study) by approving the continuation of the interim regulations established therein and approved in
Resolution 98 -733 (creating special district sign plans) as authorized under Minn. Stat. Section 462.355,
Subd. 4 for a maximum additional time of eighteen (18) months.
Laid over to July 28 for third reading /public hearing
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
30. Third Reading - 99 -609 - An ordinance to require express Council approval of all City managed
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competition contracts. (Substitute introduced on July 7)
Laid over to July 28 for final adoption
31. Resolution - 99 -419 - Concerning adverse action against the application of Gerald Grossman for an
Auto Repair Garage and Second Hand Motor Vehicle Dealer's License at 545 University Avenue.
(Uncontested) (Laid over from May 26)
Laid over to August 11 Yeas - 7 Nays - 0
32. Resolution - 99 -588 - Denying the license application submitted by Fred Cortes, dba Fred's Auto
Repair, 943 Maryland Avenue East, for violations of license conditions agreed to on March 23, 1999.
(Uncontested) (Laid over from June 23)
Withdrawn Yeas - 6 Nays - 0 (Reiter not present)
33. Resolution - 99 -666 - Concerning adverse action against the license application of David A. Heu,
dba ABC Motorsports, 933 Atlantic Street. (Uncontested)
Laid over to August 11 Yeas - 6 Nays - 0 (Reiter not present)
34. Resolution - 99 -667 - Recommending stay of the recent suspension of licenses held by Arthur
Heutmaker, dba Conoco & Automotive, 1208 Arcade Street.
Adopted Yeas - 6 Nays - 0 (Reiter not present)
35. Resolution - 99 -668 - Concerning adverse action against the Off Sale Malt license held by Robert
Mehta, dba Lou's Market, 1199 White Bear Avenue. (Uncontested)
Adopted Yeas - 6 Nays - 0 (Reiter not present)
36. Resolution - 99 -669 - Concerning adverse action against liquor licenses held by Twin Star VFW
Post 8854, 820 Concordia Avenue. (Uncontested)
Adopted Yeas - 7 Nays - 0
37. Public hearing to consider the report of the Administrative Law Judge concerning all licenses held
by James Bailey, Inc., dba Arlington Pub a/k/a Bailey's Bar, 721 Payne Avenue.
Laid over to July 28 Yeas - 7 Nays - 0
38. Public hearing to consider the report of the Administrative Law Judge concerning all licenses held
by Blues Saloon, Inc., 601 Western Avenue North.
Adopted Findings of Fact, Conclusions and Recommendation of the Administrative Law Judge
Yeas - 7 Nays - 0
39. Resolution - 99 -670 - To consider the application for a sound level variance by Guadalupe Gonzales,
Radio Rey WMIN 740 AM, to allow live music during their 20th Anniversary Event on July 31, 1999,
from 12:00 noon to 12:00 midnight.
Adopted Yeas - 7 Nays - 0
40. Appeal of Donald Drouin Jr. to a Summary Abatement Order for property at 1183 Arkwright Street.
(Laid over from June 9) (Legislative Hearing Officer recommends denying the appeal and
amending the compliance date on the vehicles to September 1, 1999.)
Appeal denied and amended the compliance date on the vehicles to September 1, 1999. Yeas - 7
Nays - 0
41. Resolution - 99 -671 - Ordering the owner to remove or repair the building at 290 Bates Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends that
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the mortgagee be given six months to complete the rehabilitation provided the vacant building fee
is paid, a code compliance inspection is completed, and a $2,000 bond is posted by noon on July
14, 1999).
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
42. Resolution - 99 -672 - Ordering the owner to remove or repair the build at 270 -272 West Seventh
Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 6 Nays - 1 (Blakey)
(Coleman was excused from the meeting at this time)
43. Resolution Ratifying Assessment - 99 -673 - In the matter of summary abatements (property cleanup)
during the month of April 1999, and boarding up vacant buildings during March 1999. (File 4J9903A,
J990313) (Legislative Hearing Officer recommends approval of the assessments with the following
exceptions: 941 Edmund Avenue (File #J9903B) and 915 Charles Avenue (File #J9903A) laid over
to the July 20 Legislative Hearing and the July 28 City Council Hearing
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 6 Nays - 0
44. Resolution Ratifying Assessment - 99 -674 - In the matter of installation of a Fire Protection System
at 656 Selby Avenue. (File 4FP9801)
Adopted Yeas - 6 Nays - 0
45. Final Order - 99 -675 - In the matter of sidewalk reconstruction on both sides of W. Central Avenue
from N. Chatsworth Street to N. Victoria Street; both sides of Charles Avenue from Arundel Street to
Mackubin Street; both sides of Edmund Avenue from N. Oxford Street to N. Chatsworth Street; both
sides of Fuller Avenue from N. Chatsworth Street to N. Victoria Street; both sides of Fuller Avenue
from N. Victoria Street to N. Grotto Street; and the west side of N. Victoria Street from W. Central
Avenue to Aurora Avenue. (File 4S99087- S99092)
Adopted Yeas - 6 Nays - 0
46. Final Order - 99 -676 - In the matter of sidewalk reconstruction on both sides of S. Milton Street
from Randolph Avenue to James Avenue; both sides of E. Idaho Avenue from Wheelock Ridge Road to
Edgerton Street; and both sides of Walsh Street from E. Hawthorne Avenue to E. Orange Avenue. (File
4S99093- S99095)
Adopted as amended Yeas - 6 Nays - 0
(S99094 - Both sides of E. Idaho Ave. from Wheelock Ridge Rd. to Edgerton St. - Laid over to July
28)
Adopted Yeas - 6 Nays - 0
47. Final Order - 99 -677 - In the matter of improving the alley in Block 1, Phalen Heights Addition
(bounded by Frank, Ivy, Orange, and Hyacinth) by grading and paving with a bituminous material. (File
#18899)
Adopted Yeas - 6 Nays - 0
48. Final Order - 99 -678 - 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 in grading
and paving the alley in Block 1, Phalen Heights Addition (bounded by Frank, Ivy, Orange, and
Hyacinth). (File 418899 -S)
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Adopted Yeas - 5 Nays - 0 (Coleman & Harris not present)
49. Public hearing to consider rezoning property at 1770 Old Hudson Road, on the southwest corner of
Old Hudson Road and White Bear Avenue, from B -2 Community Business District to B -3 General
Business District for the purpose of establishing a car wash.
Motion of Intent - Application Granted Yeas - 5 Nays - 0 (Coleman & Harris not present)
Suspension Items
Resolution - 99 -679 - Approving the application for 3.2 Malt Off -Sale, 3.2 Malt On -Sale and
Restaurant -B Licenses by Chuck Mitch and Tom funk, dba Mitch's Nook, 492 Hamline Avenue South.
Adopted Yeas - 7 Nays - 0
Resolution - 99 -680 - Authorizing transfer of the 1999 Fire Emergency Communications Center budget
to the Police Emergency Communications Center budget as of July 31, 1999.
Adopted Yeas - 7 Nays - 0
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