Minutes 8-25-1999Page 1 of 9
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, August 25, 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 Order
• For Discussion
• Ordinances
• Public Hearings
• Suspension Items
CONSENT AGENDA (Items I - 25)
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 4, 1999.
Adopted Yeas - 7 Nays - 0
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2. Claims of Ralph Hart and Beverly Smith, Daniel Norquist, Rosella Robbins, Todd Stiebinger, and
Emma Jean Torfin.
Referred to the Employee /Risk Management Division
3. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on September 1, 1999, to consider the application of River Town Homes, LLC
for a subdivision review to allow approval for eight (8) residential lots to a combined plat on the east
side of Westminster, south of East Hoyt, approximately 34.62 feet south of East Montana and west of
Gateway Trail.
4. Letters from the Citizen Service Office /Property Code Enforcement declaring 805 Agate Street and
1087 Ross Avenue as "nuisance properties," and setting date of Legislative Hearings for September 7,
1999, and City Council Hearings for September 22, 1999.
5. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on September 28, 1999, at 9:30 a.m., Room 41, St. Paul City Hall- Courthouse, concerning all licenses
held by Todd Erickson, dba Summit Amusement, 2274 University Avenue West.
6. Letter from the Real Estate Division announcing a public hearing before the City Council on October
27, 1999, to consider the vacation of the east west alley, Block 3, F. W. Hoyts Rearrangement of Lots
25, 26, and 27, Hall and Brown's Addition to Hyde Park between Lexington Avenue, as widened and
153 feet west of Lexington Avenue, because the alley is unimproved and Public Works has no intention
to improve that part of the alley.
7. Administrative Order:
. D001738 Authorizing a staff member (non -City employee) in the Police Department to attend
training entitled "Wisdom, The Inner Resource" in Vancouver, Canada on September 18 -19, 1999.
Noted as on file in the City Clerk's Office
8. Resolution - 99 -796 - Approving the 1999 -2002 Employment Agreement between Independent
School District No. 625 and the United Association of Plumbers Local Union No. 34. (Laid over from
August 18 for adoption)
Adopted Yeas - 7 Nays - 0
9. Resolution - 99 -797 - Approving the 1999 -2002 Employment Agreement between Independent
School District No. 625 and the United Association of Pipefitters Local Union No. 455. (Laid over from
August 18 for adoption)
Adopted Yeas - 7 Nays - 0
10. Resolution - 99 -798 - Approving the May 1, 1999 through April 30, 2001 Maintenance Labor
Agreement between the City of Saint Paul and United Association Pipefitters, Local Union No. 455.
(Laid over from August 18 for adoption)
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Adopted Yeas - 6 Nays - 0 (Benanav not present)
11. Resolution - 99 -799 - Approving the May 1, 1999 through April 30, 2001 Maintenance Labor
Agreement between the City of Saint Paul and the International Brotherhood of Electrical Workers,
Local 110. (Laid over from August 18 for adoption)
Adopted Yeas - 6 Nays - 0 (Benanav not present)
12. Resolution - 99 -800 - Approving the May 1, 1999 through April 30, 2001 Maintenance Labor
Agreement between the City of Saint Paul and Painters Union Local No. 61. (Laid over from August 18
for adoption)
Adopted Yeas - 6 Nays - 0 (Benanav not present)
13. Resolution - 99 -815 - Initiating a special one -year pilot program to reduce costs and speed approvals
for new housing construction.
Adopted Yeas - 7 Nays - 0
14. Resolution - 99 -816 - Finalizing City Council action taken August 11, 1999, approving application
for an off -sale liquor license by Vernon Crowe, dba Selby Avenue Wine and Spirits, 778 Selby Avenue.
Adopted Yeas - 7 Nays - 0
15. Resolution - 99 -817 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 1667 Ames Avenue, 243 Lexington Parkway South, 853
Randolph Avenue, 1505 McAfee Street, 1513 McAfee Street, 1521 McAfee Street, 923 Agate Street,
1115 Greenbrier Street, 2086 Marshall Avenue, 781 Lincoln Avenue, and 500 Como Avenue.
Adopted Yeas - 7 Nays - 0
16. Resolution - 99 -818 - Authorizing the extension of Service Availability Charges (SAC) credits on
the former Riverview Hospital Site for construction of five (5) single family homes.
Adopted Yeas - 7 Nays - 0
17. Resolution - 99 -819 - Amending the Dayton's Bluff Recreation Center building project budget to
include funding from the Saint Paul Public Schools for work performed by the City's contractor on the
Schools' addition to the Dayton's Bluff Elementary School.
Adopted Yeas - 7 Nays - 0
18. Resolution - 99 -820 - Amending the 1999 budget in the Department of Libraries by bringing forward
fund balances from various grants and the Metropolitan Library Services Agency and establishing a
budget for a new grant from the State of Minnesota, Department of Children, Families and Learning.
Adopted Yeas - 7 Nays - 0
19. Resolution - 99 -821 - Approving waiver of the 60% consent requirement for a block party /special
event permit for the 1999 Payne- Arcade Harvest Festival to be held on September 18, 1999, between the
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hours of 9:00 a.m. and 6:00 p.m.
Adopted Yeas - 7 Nays - 0
20. Resolution - 99 -822 - Reducing the posted load limit for Burr Street Bridge No. 90428 from 15 tons
to 5 tons for any vehicle.
Adopted Yeas - 7 Nays - 0
21. Resolution - 99 -823 - Setting date of public hearing for October 6, 1999, for ratification of 1999
Street /Alley Maintenance Service charge to be assessed against benefited property.
Adopted Yeas - 7 Nays - 0
22. Resolution - 99 -824 - Setting date of public hearing for November 10, 1999, for proposal of year
2000 Street /Alley Maintenance Service Charge to be assessed against benefited property.
Adopted Yeas - 7 Nays - 0
23. Resolution - 99 -825 - Authorizing an extension, through September 30, 2004, of Lease Agreement
PW /12 granting to Elizabeth Schmidt the use of 3,700 square feet of vacant land for personal use.
Adopted Yeas - 7 Nays - 0
24. Resolution Approving Assessment - 99 -826 - In the matter of the Hewitt /Aldine Residential Street
Paving and Lighting Project, and setting date of public hearing for September 8, 1999. (File 418886)
Adopted Yeas - 7 Nays - 0
25. Resolution Approving Assessment - 99 -827 - In the matter of towing of abandoned vehicles from
private properties during April and May, 1999; (J9904V) summary abatements (property clean -up or
grass cutting) during July, 1999 (J9906A); boarding -up of vacant properties during June, 1999
(J9906B); and demolition of vacant buildings during July, 1999 (J9906C), and setting date of
Legislative Hearing for October 5, 1999 and City Council Hearing for October 13, 1999.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
26. 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. (Laid over
from August 11)
Adopted Yeas - 6 Nays - 1 (Blakey)
27. Resolution - 99 -828 - Approving the report of the City Clerk dated August 13, 1999, relating to the
petition for an ordinance concerning the removal of billboards in Saint Paul to be sufficient.
Laid over to September 1 Yeas - 7 Nays - 0
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28. Resolution - 99 -806 - Amending Section 28.13.5 of the Civil Service Rules to allow the Department
of Fire and Safety Services to conform to the rules of the State of Minnesota Department of Labor and
Industry Job Apprenticeship Training Program for Fire Fighters. (Laid over from August 18)
Substitute introduced and adopted Yeas - 6 Nays - 0 (Benanav not present)
29. Update regarding issues surrounding the proposed merger of the Saint Paul Workforce Development
Program and the Ramsey County Job Training Program (Monthly updates requested by Council on
April 14)
No update was presented; a monthly written report will be provided.
ORDINANCES
30. Final Adoption - 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 from August 11)
Adopted Yeas - 6 Nays - 0 (Benanav not present)
31. Final Adoption - 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)
Adopted Yeas - 6 Nays - 0 (Benanav not present)
(A monthly report from the Office of License, Inspections and Environmental Protection was
requested on taxicab fares)
32. Final Adoption - 99 -728 - An ordinance amending Section 376.05 of the Saint Paul Legislative Code
bringing the taxicab license cap to 150.
Adopted Yeas - 6 Nays - 0 (Benanav not present)
(A monthly report from the Office of License, Inspections and Environmental Protection was
requested on the number of taxicab licenses issued)
33. Final Adoption - 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.
Adopted Yeas - 6 Nays - 0 (Benanav not present)
34. Final Adoption - 99 -730 - An ordinance to allow certain holders of wine licenses to waive the
dramshop insurance coverage requirements in accordance with state law.
Adopted Yeas - 6 Nays - 0 (Benanav not present)
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35. Second Reading - 99 -811 - An ordinance amending Chapter 51.02 of the Saint Paul Legislative
Code to define the word "family" with regard to the rental registration ordinance.
Laid over to September 1 for third reading /public hearing
36. Second Reading - 99 -812 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code;
including the permit fees for the keeping of more than three cats and the keeping of more than three
dogs; also consolidating day care food (A) and (B), adjusting the catering (B) -full license and creating
the food processor (up to 2,000 sq. ft. license to coincide with the food processor (more than 2,000 sq.
ft.) license.
Laid over to September 1 for third reading /public hearing
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
37. Third Reading - 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. (Laid over from July 28) (Substitute introduced on August 18)
Laid over to September 1 for final adoption
38. Third Reading - 99 -750 - An ordinance amending Chapters 33, 60, 62, 63, and 66 of the Saint Paul
Legislative Code pertaining to Zoning. (Laid over from August 11)
Substitute introduced and laid over to September 1 for final adoption
Yeas - 6 Nays - 0 (Benanav not present)
39. Third 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 from August 11)
Laid over to September 1 for final adoption
40. Third 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 -ln -Sale of Housing evaluators to $100.00 to cover actual
costs of the examination process. (Laid over from August 11)
Substitute introduced and laid over to September 1 for final adoption
Yeas - 5 Nays - 0 (Benanav & Coleman not present)
41. Third Reading - 99 -786 - An ordinance requiring disclosure of campaign contributions relating to
City managed competition contracts and collective bargaining agreements.
Laid over to September 1 for final adoption
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42. Resolution - 99 -731 - Ordering the owner to remove or repair the building at 419 Sherburne Avenue
within fifteen (15) days from adoption of resolution. (Laid over from July 28) (Legislative Hearing
Officer recommends laying over to the October 19 Legislative Hearing and the October 27 City
Council Hearing)
Laid over to October 27 Yeas - 7 Nays - 0
43. 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 July 28) (Legislative
Hearing Officer recommends laying over to the September 21 Legislative Hearing and the
September 29 City Council Hearing)
Laid over to September 29 Yeas - 7 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 11 for continuation of the public hearing )
Bostrom substitute resolution was introduced and amended; Blakey substitute resolution was
introduced. Both resolutions were laid over to September 8 for continuation of public hearing.
Yeas - 7 Nays - 0
45. Resolution - 99 -754 - Vacating public lands, formerly part of Johnson Parkway and Prosperity
Avenue, to convey title to said lands to Jerry's Enterprises, Inc., and directing the Department of Public
Works to reimburse the Division of Parks and Recreation for that part of said lands that were acquired
for the Parkway. (Laid over from August 4)
Adopted Yeas - 6 Nays - 0 (Benanav not present)
46. Resolution Ratifying and Confirming Condemnation and Awards of Damages and Assessment - 99-
829 - In the matter of condemning and taking fee simple property rights in connection with the 811
Payne Avenue Bridge Expansion Project. (File 418879)
Laid over to September 22 Yeas - 6 Nays - 0 (Benanav not present)
47. Resolution Ratifying Assessment - 99 -830 - In the matter of sidewalk reconstruction in Wards 3 & 4
(work already done) on Goodrich Ave., S. Hamline Ave., Lincoln Ave., Macalester St., Osceola Ave. &
S. Saratoga St., St. Clair Ave., Sargent Ave., Jefferson Ave., S. Cretin Ave. & St. Clair Ave., 1916
Munster Ave., Hartford Ave., Juno Ave., Beechwood Ave., Bohland Ave., Rome Ave., Juno Ave., View
St., Goodrich Ave., Marshall Ave., N. Prior Ave., and Hague Ave. (File 498WALKSI)
Adopted Yeas - 6 Nays - 0 (Benanav not present)
48. Resolution Ratifying Assessment - 99 -831 - In the matter of sidewalk reconstruction in Wards 1, 2,
& 7 (work already done) on E. Third St., Hazelwood St., & 1535 East Third St., Dayton Ave, Bellows
St., W. Exchange St., Mulberry St., W. Page St., W. Stevens St., S. Victoria St., E. Robie St., N. Dunlap
St., Selby Ave., Thomas Ave., Bush Ave., N. Ruth St., N. White Bear Ave., E. Fifth St., & E. Fourth St.,
Aurora Ave., N. White Bear Ave., and Daly St. (File 498WALKS2)
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Adopted as amended Yeas - 6 Nays - 0 (Benanav not present)
(File #598067 - Sidewalk reconstruction on both sides of Selby Avenue from North Milton Street
to North Victoria Street - laid over to September 8)
49. Resolution Ratifying Assessment - 99 -832 - In the matter of sidewalk reconstruction in Wards 5 & 6
(work already done) on Hazelwood St., E. Idaho Ave., N. White Bear Ave., & 877 North White Bear
Ave., Fernwood St., Front Ave., N. Hamline Ave., Jenks Ave., E. Magnolia Ave., E. Cook Ave., Forest
St., E. Cook Ave., E. Maryland Ave., E. Jessamine Ave., Marion St., W. Jessamine Ave., W. Rose Ave.,
Farrington St., Woodbridge St., Virginia St., E. Maryland Ave., Front Ave., Bradley St., Jenks Ave., E.
Magnolia Ave., Barclay St., E. Montana Ave., Case Ave., and N. Dale St. (File 498WALKS3)
Adopted Yeas - 6 Nays - 0 (Benanav not present)
50. 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,
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 from August 11)
Motion of Intent - Appeal Denied Yeas - 6 Nays - 0 (Benanav not present)
(Motion to deny the appeal, to approve the Special Condition Use Permit (SCUP) together with
two river corridor modifications (see below). Such SCUP and modifications to be expressly
conditioned upon 3M's compliance with its agreement with MN -DNR and wet flood proof to the
FP -3 or FP -4 flood proofing requirements of the state building code and /or US Army Corps of
Engineers.)
That the 3M/DNR agreement to wet flood proof to the FP -3 or FP -4 classification requires
modification of Legislative Code §§ 65.214(5) and 65.214(6) which will allow 3M to wet flood proof
the subject building which is greater than 500 sq. /ft. without need to elevate the subject building
and that the basis for such modifications is appropriate for the reason set forth in Planning
Commission Resolution 99 -41 so long as 3M is self - insured and that 3M complies with state
building code and/or US Army Corps of Engineers requirements for flood proofing.)
51. Public hearing to consider the appeal of Ronald Hachey to a decision of the Planning Commission to
grant a special condition use permit to allow for seven (7) units in a cluster development at 0 Juliet
Avenue, north of Palace Avenue and approximately 200 feet east of Lexington Parkway.
Motion of Intent - Appeal Denied Yeas - 6 Nays - 1 (Harris)
(Motion to deny the appeal, approve the issuance of the Special Condition Use Permit (SCUP),
adopt the findings and determinations of the Planning Commission as contained in its Resolution
99 -44 dated July 23, 1999.)
Suspension Items
Resolution - 99 -833 - Directing that gun shows are not allowed on City -owned or financed property in
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the City of Saint Paul.
Adopted Yeas - 4 Nays - 3 (Bostrom, Coleman, Reiter)
The Council requested that the Director of Public Works report on the Wabasha Street Bridge at
the September 1 Council meeting.
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