Minutes 8-11-1999Page 1 of 8
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, August 11, 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
• Administrative Orders
• For Discussion
• Ordinances
• Public Hearings
• Addendum Items
• Suspension Items
CONSENT AGENDA (Items 1 - 29)
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 July -2+ 14 and 28, 1999.
Adopted Yeas - 7 Nays - 0
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2. Claims of Frederic Clapp, Jr., Kenneth Hill, Mark Hobbs, Amanullah Khan, Mary Owens, Elena
Pellegrini, Catherine Piccolo, Peter Stack, Beverly Stepp, and Uniforms Unlimited, Inc.
Referred to the Employee /Risk Management Division
3. Letter from the Office of License, Inspections, and Environmental Protection announcing a public
hearing before the City Council on September 1, 1999, to consider the application for a sound level
variance by Maureen A. Mariano, Owner, Schwietz Saloon, 956 Payne Avenue, to allow live music
during the Payne- Arcade Harvest Festival 1999 from 8:30 p.m. to 12:30 a.m. on September 16, 17, &
18, 1999.
4. Accepting Sharon Scarella Anderson's request dated July 28, 1999, for public information and
directing the City Council Secretary to provide the information.
5. Administrative Orders:
. D001729 Amending the 1999 budget of the City Sales Tax Capital Projects Fund to allocate funds
from the Neighborhood Investment Program to the Saint Paul on the Mississippi Design Center
for the West 7th Gateway Urban Design Charrette.
. D001730 Amending the 1999 General Fund Budget in the Police Department for microfilming
records and rent money for the Employee Assistance Program.
. D001731 Authorizing payment, not to exceed $15,000.00, to Saint Paul Public Schools for
Parkway Elementary School Playground Project.
. D001732 Extending the contract completion time for 97 inflow and infiltration corrections to July
1, 1999.
. D001733 Authorizing payment, not to exceed $5,310.00, to Field Training and Associates for a
Police Department Professional Development Institute entitled "Field Training Officer" on
December 6 -10, 1999.
Noted as on file in the City Clerk's Office
6. Resolution - 99 -762 - Approving the appointment of William D. Fritts and the reappointments of Jill
S. Danner and Altin R. Paulson, by Mayor Coleman, to the Saint Paul Parks and Recreation
Commission.
Adopted Yeas - 7 Nays - 0
7. Resolution - 99 -763 - Approving the appointment of Terry Garvey, by Mayor Coleman, to the PHA -
City (HRA) Pension Plan Administrative Committee.
Adopted Yeas - 7 Nays - 0
8. Resolution - 99 -764 - Directing the Planning Commission to analyze Light Rail Transit, and other
transit alternatives in the Central Corridor, and evaluate specific issues related to construction impacts,
design with respect to traffic and parking, redevelopment impacts and design aesthetics, and report back
to the City Council by November 10, 1999.
Adopted Yeas - 7 Nays - 0
9. Resolution - 99 -765 - Waiving the 60 percent consent requirement for a block party /special event
permit for the 1999 Selby Dayz Festival.
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Adopted Yeas - 7 Nays - 0
10. Resolution - 99 -766 - Dismissing the adverse action against the licenses held by Blues Saloon, 601
Western Avenue North, as approved by the City Council on July 14, 1999.
Adopted Yeas - 7 Nays - 0
11. Resolution - 99 -767 - Dismissing the adverse action against the licenses held by James Bailey, dba
Arlington Pub, 721 Payne Avenue, as approved by the City Council on July 28, 1999.
Adopted Yeas - 7 Nays - 0
12. Resolution - 99 -768 - Approving the Financing and Spending Plans for the FY2000 phase -out of the
Community Resources Program and approval of the City of Saint Paul entering into a contract with the
State of Minnesota for funding of the phase -out.
Adopted Yeas - 7 Nays - 0
13. Resolution - 99 -769 - Approving changes to spending object codes in the Office of Financial
Services (from Council Contingency to City Contribution to Outside Agency - Capital City Partnership)
Laid over to August 18 Yeas - 7 Nays - 0
14. Resolution - 99 -770 - Authorizing the proper City officials to amend the City lease agreement with
Hallie Q. Brown Community Center to meet State requirements, and to place a deed restriction on the
Martin Luther King Community Center property.
Adopted Yeas - 7 Nays - 0
15. Resolution - 99 -771 - Changing the rate of compensation for the existing classification of
Nutritionist I.
Adopted Yeas - 7 Nays - 0
16. Resolution - 99 -772 - Establishing the rate of pay for a new classification entitled WIC Program
Manager.
Adopted Yeas - 7 Nays - 0
17. Resolution - 99 -773 - Authorizing the purchase of property located at 1667 Montana Avenue East as
part of Phase I of the Hoyt- Montana Flood Remediation Project.
Adopted Yeas - 7 Nays - 0
18. Resolution - 99 -774 - Authorizing the Police Department to enter into an agreement with the League
of Minnesota Cities and the Upper Midwest Community Policing Institute.
Adopted Yeas - 7 Nays - 0
19. Resolution - 99 -775 - Designating August 11, 1999, as Saturn of Saint Paul Day in the City of Saint
Paul in recognition of the company and its employees' donation of labor and playground equipment for
the Central Village Playground.
Adopted Yeas - 7 Nays - 0
20. Resolution Approving Assessment - 99 -776 - 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), and setting date of
public hearing for October 6, 1999. (File 418724 -SW)
Adopted Yeas - 7 Nays - 0
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21. Resolution Approving Assessment - 99 -777 - 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, and setting date of public hearing for October 6, 1999. (File #18760 -
A)
Adopted Yeas - 7 Nays - 0
22. Resolution Approving Assessment - 99 -778 - 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, and setting date of public hearing for October 6, 1999. (File 418768 -B)
Adopted Yeas - 7 Nays - 0
23. Resolution Approving Assessment - 99 -779 - 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, and setting date of public hearing for October 6, 1999. (File
4187705)
Adopted Yeas - 7 Nays - 0
24. Resolution Approving Assessment - 99 -780 - In the matter of operating costs for the above standard
lighting along Dale Street North from University to Minnehaha Avenues, and setting date of public
hearing for September 1, 1999. (File 418803OP)
Adopted Yeas - 7 Nays - 0
25. Resolution Approving Assessment - 99 -781 - In the matter of grading and paving of Mystic Street
from Burlington Road to approximately 420 feet south of Burlington Road, the construction of sanitary
sewer connections, and setting date of public hearing for October 6, 1999. (File 418846)
Adopted Yeas - 7 Nays - 0
26. Resolution Approving Assessment - 99 -782 - 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
of Burlington Road, and setting date of public hearing for October 6, 1999. (File 418846WC)
Adopted Yeas - 7 Nays - 0
27. Resolution Approving Assessment - 99 -783 - In the matter of operation of the Above Standard Street
Lighting System for the months of 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, and setting date of
public hearing for October 6, 1999.
Adopted Yeas - 7 Nays - 0
28. Resolution Approving Assessment - 99 -784 - In the matter of the assessment for the Wabasha West
Streetscape Project, Phase I, and setting date of public hearing for October 13, 1999. (File 418894)
Adopted Yeas - 7 Nays - 0
29. Preliminary Order - 99 -785 - In the matter of operation of the Above Standard Street Lighting
System for the months of 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
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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, and setting date of public hearing for October 6,
1999.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
30. 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 July 14)
Clayton Robinson, City Attorney, gave a presentation
This item was referred to a City Council Closed Session Yeas - 7 Nays - 0
31. Resolution - 99 -701 - Approving application for a Second Hand Dealer -Motor Vehicle License by
Clinton Marshall, dba Marshall Motors, Inc., 1265 Arcade Street. (Legislative Hearing Officer
recommends approval with conditions) (Laid over from July 28)
Adopted Yeas - 7 Nays - 0
ORDINANCES
32. Third Reading - 99 -726 - An ordinance finalizing City Council action granting the application to
rezone property at 1770 Old Hudson Road from B -2 Community Business District to B -3 General
Business District for the purpose of establishing a car wash. (Public hearing held July 14, 1999)
Laid over to August 25 for final adoption
33. Second Reading - 99 -750 - An ordinance amending Chapters 33, 60, 62, 63, and 66 of the Saint Paul
Legislative Code pertaining to Zoning.
Laid over to August 25 for third reading /public hearing
34. Second Reading - 99 -751- An ordinance amending Chapters 33, 34, 43 and 45 of the Saint Paul
Legislative Code by removing obsolete references to the "department of public health" and "property
code enforcement board" to reflect the present division of "property code enforcement" and "Legislative
Hearing Officer."
Laid over to August 25 for third reading /public hearing
35. Second Reading - 99 -752 - An ordinance amending Chapter 189 of the Saint Paul Legislative Code
by changing references to "public health manager" to the current property code enforcement manager,
and to increase the fee for examination of Truth -In -Sale of Housing evaluators to $100.00 to cover
actual costs of the examination process.
Laid over to August 25 for third reading /public hearing
36. First Reading - 99 -786 - An ordinance requiring disclosure of campaign contributions relating to
City managed competition contracts and collective bargaining agreements.
Laid over to August 18 for second reading
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
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37. Third Reading - 99 -727 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code by
establishing a one -year change in the fare structure to allow taxicab companies to set their own fares
within a maximum ceiling, and to impose a one -time surcharge on vehicle license fees to partially pay
for the cost of a comprehensive survey on taxicab service in Saint Paul. (Substitute introduced on
August 4)
Laid over to August 25 for final adoption
38. Third Reading - 99 -728 - An ordinance amending Section 376.05 of the Saint Paul Legislative Code
bringing the taxicab license cap to 150.
Laid over to August 25 for final adoption
39. Third Reading - 99 -729 - An ordinance to allow certain holders of 3.2 percent malt liquor licenses to
waive the dramshop insurance coverage requirements in accordance with state law.
Laid over to August 25 for final adoption
40. Third Reading - 99 -730 - An ordinance to allow certain holders of wine licenses to waive the
dramshop insurance coverage requirements in accordance with state law.
Laid over to August 25 for final adoption
(Council President Bostrom was not present for the votes on Items 41 through 50)
41. 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 July 14)
Withdrawn Yeas - 6 Nays - 0
42. Public hearing to consider the report of the Administrative Law Judge (ALJ) concerning the license
application of Vernon W. Crow, dba Selby Wine and Spirits, 778 Selby Avenue.
Adopted the Findings of Fact, Conclusions, and Recommendation of the Administrative Law
Judge Yeas - 6 Nays - 0
43. Resolution - 99 -685 - Approving the Fifth Amendment to the New Housing and Blighted Lands
Development Project and Tax Increment Financing Plan. (Adopted on July 21; Reconsidered and laid
over from July 28)
Adopted as amended Yeas - 6 Nays - 0
44. Resolution - 99 -742 - Allowing adherence to the criteria for awarding subsidies to businesses subject
to the regulations and reporting requirements of the Minnesota Business Assistance Act. (Laid over from
August 4)
Laid over to August 25 for continuation of the public hearing Yeas - 6 Nays - 0
45. Resolution - 99 -787 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property at 1615 St. Anthony Avenue. (Laid over from July 14)
Adopted as amended Yeas - 6 Nays - 0
46. Final Order - 99 -755 - In the matter of sidewalk reconstruction on both sides of Charles Avenue
from North Syndicate Street to North Griggs Street. (File 4599097) (Laid over from August 4)
Adopted Yeas - 6 Nays - 0
47. Final Order - 99 -788 - In the matter of improving Hewitt Avenue between Snelling and Pascal with
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an above standard, twin lantern lighting system, improving Hewitt Avenue from Pascal to Holton with a
standard single lantern lighting system, improving Englewood Avenue from Snelling to Pascal by
increasing the wattage of the final ordered standard single lantern lighting system, and improving Aldine
Street from Englewood to Hubbard with a single lantern lighting system. (File 418886A)
Adopted Yeas - 6 Nays - 0
48. Final Order - 99 -789 - In the matter of operating costs for September 1, 1999, to December 31, 1999,
for the above standard lighting in the Hamline University Area (Hewitt Avenue from Snelling to Pascal
and Englewood Avenue from Snelling to Pascal). (File 418886OP)
Adopted Yeas - 6 Nays - 0
49. Final Order - 99 -790 - In the matter of improving the alley in Block 3, Ryan Place (bounded by
Randolph, Mount Curve, Hartford, and Mississippi River Blvd.) by constructing storm sewer and
grading and paving with a bituminous material. (File 418891.) (Replaces C.F. 99 -139 which was laid
over indefinitely on February 10)
Adopted Yeas - 6 Nays - 0
50. Final Order - 99 -791 - 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 in the grading and paving of
the alley in Block 3, Ryan Place (bounded by Hartford Ave., Mississippi River Blvd., Randolph Ave.,
and Mount Curve Blvd. (File 418891 -5)
(Replaces C.F. 99 -140 which was laid over indefinitely on February 10)
Adopted Yeas - 6 Nays - 0
51. Final Order - 99 -735 - In the matter of improving the alley in Block 3, Phalen Heights Park, by
grading and paving with bituminous material, (bounded by Earl, Hyacinth, Frank, and Orange) (File
18902) (Laid over from July 28)
Adopted Yeas - 7 Nays - 0
52. Final Order - 99 -736 - 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). (File 418902 -5) (Laid over from July 28)
Adopted Yeas - 7 Nays - 0
53. Resolution Ratifying Assessment - 99 -792 - In the matter of collecting sewer connection charge
(advance payment) for property at 550 Arlington Avenue East.
(File 4ADVPAY9901)
Adopted Yeas - 6 Nays - 0 (Harris not present)
54. Public hearing to consider 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.
Appeals denied, approved the modification of the Special Condition Use Permit, and adopted the
findings and recommendations of the Planning Commission as contained in its Resolution 99 -37
dated June 25, 1999, including six additional conditions. Yeas - 7 Nays - 0
55. Public hearing to consider the appeal of the Minnesota Department of Natural Resources to a
decision of the Planning Commission approving a special condition use permit to allow construction of a
new building on the site of an existing building between two airplane hangers for offices, crew support,
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and parts storage, and modification of river corridor standards to allow the new building to be built at
the same elevation as the existing building instead of having to be at or above the regulatory flood
protection elevation at 690 Bayfield Street (southeast corner of Bayfield and Wisconsin Streets on
Holman Field).
Laid over to August 25 for public hearing Yeas - 6 Nays - 0 (Bostrom not present)
Addendum Items
1. Resolution - 99 -666 - Concerning adverse action against the license application of David A. Heu, dba
ABC Motorsports, 933 Atlantic Street. (Uncontested) (Laid over from July 14)
Adopted Yeas - 6 Nays - 0 (Bostrom not present)
2. Resolution - 99 -793 - Authorization to issue eight (8) new taxicab licenses to qualified applicants and
establish the eighteen (18) previously approved temporary winter licenses as permitted. (To be laid over
to August 25)
Laid over to August 25 for public hearing Yeas - 6 Nays - 0 (Bostrom not present)
Suspension Items
Resolution - 99 -794 - Committing the Saint Paul City Council to work in partnership with the
community to address the problem of "Too Much Gun Violence, Too Many Guns."
Adopted as amended Yeas - 7 Nays - 0
Resolution - 99 -795 - Accepting a gift of travel funds from the Yes! Saint Paul Campaign Committee
and thanking the Committee for its donation of the resources.
Adopted as amended Yeas - 6 Nays -1 (Benanav)
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