Minutes 9-22-1999Page 1 of 10
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, September 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, Blakey, Bostrom, Harris, Lantry, Reiter
Absent - 1 - Coleman (arrived after the consent agenda)
Nancy Anderson, Assistant Secretary to the City Council read the following communication into the
record:
Letter from the Office of License, Inspections and Environmental Protection
announcing a public hearing before the City Council on October 6, 1999, to
consider the appeal of Doug King to a decision of the Board of Zoning Appeals
to approve variances to construct a car port but deny a variance to allow a
parking space 2 feet from the side property line at 750 Blair Avenue.
Web Index
• Consent Agenda
• For Action
• Administrative Orders
• For Discussion
• Ordinances
• Public Hearings
• Suspension Items
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CONSENT AGENDA (Items I - 27)
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 ONSENT AGENDA AND
CONSIDERED SEPARATELY.
FOR ACTION
1. Claims of Jun Seok Byun, Hama Farzan, Loren Nickelson, and Jonathan Stensland.
Referred to the Employee /Risk Management Office
2. Subpoena in the matter of Northstar Fire Protection, Inc. and Richard Colin Barnett vs. Steven
Zaccard, City of Saint Paul.
Referred to the City Attorney's Office
3. Communication from Sharon Anderson and Bill Dahn.
Referred to the City Attorney's Office
4. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on October 6, 1999, to consider the application of Roger Bonfe to rezone
property from RT -2 (townhouse residential) to P -1 (parking) to allow a parking lot in association with
Bonfe Auto Repair, 366 and 372 Smith Avenue (between Grand and Forbes).
5. Letter from the Citizen Service Office /Property Code Enforcement declaring 559 Lawson Avenue
East and 851 Magnolia Avenue East as "nuisance properties" and scheduling Legislative Hearings for
October 5, 1999, and City Council Hearings for October 13, 1999.
6. Letter from the Citizen Service Office /Property Code Enforcement declaring 927 Charles Avenue and
1216 Reaney Avenue as "nuisance properties." (For notification purposes only; public hearings will be
scheduled at a later date if necessary.)
7. Administrative Orders
. D001755 Authorizing an in -house training session combined with the annual staff recognition
event funded by the Friends of the Library, Perrie Jones Library Fund.
. D001756 Amending the spending and financing plans of the 1998 & 1999 Local Street and Alley
Improvement projects in the Department of Public Works by transferring PIA and Assessment
between projects.
. D001757 Granting Terry Haltiner, Labor Relations Manager, the authority to sign tentative
collective bargaining agreements and memoranda of understanding.
Noted as on file in the City Clerk's Office
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8. Resolution - 99 -891 - Approving the May 1, 1998, through April 30, 2001, Maintenance Labor
Agreement between the City of Saint Paul and Operative Plasterers and Cement Masons International
Association, Local 633. (To be laid over ette two weeks for adoption)
Laid over to October 6 for adoption
9. Resolution - 99 -892 - Approving the January 1, 1999, through December 31, 2000, Labor Agreement
between the City of Saint Paul and The Saint Paul Manual & Maintenance Supervisors Association. (To
be laid over one two weeks for adoption)
Laid over to October 6 for adoption
10. Resolution - 99 -893 - Approving the 1999 Wage and Fringe Re- opener between the City of Saint
Paul and International Union of Elevator Constructors Local 9. (To be laid over mte weeks for
adoption)
Laid over to October 6 for adoption
11. Resolution - 99 -894 - Approving the 1999 Wage and Fringe Re- opener between the City of Saint
Paul and the Bricklayers and Allied Craftworkers Local 1 of Minnesota. (To be laid over one two weeks
for adoption)
Laid over to October 6 for adoption
12. Resolution - 99 -895 - Memorializing the decision of the City Council on August 25, 1999, denying
the appeal of Ronald Hachey to a decision of the Planning Commission to grant a special condition use
permit to allow for seven units in a cluster development at 0 Juliet Avenue.
Adopted Yeas - 6 Nays - 0
13. Resolution - 99 -896 - Authorizing the Sewer Utility to participate in the Water Utility's WaterWorks
pilot program by contributing $5,000.00 to be used to reduce the sewer portion of certain water /sewer
bills.
Adopted Yeas - 6 Nays - 0
14. Resolution - 99 -897 - Concurring with action taken by the Board of Water Commissioners for the
Board to do business and be commonly known as Saint Paul Regional Water Services.
Adopted Yeas - 6 Nays - 0
15. Resolution - 99 -898 - Approving change to spending object codes, from Council Contingency to
City Contribution to Outside Agency (Benchmark Computer Learning, Inc.) for training of low income
residents for computer related jobs.
Adopted Yeas - 6 Nays - 0
16. Resolution - 99 -899 - Authorizing the Police Department to enter into an agreement with the United
States Department of Justice to participate in the Drug Enforcement Administration Task Force.
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Adopted Yeas - 6 Nays - 0
17. Resolution - 99 -900 - Authorizing the Police Department to enter into an agreement with the
Washington County Agricultural Society to provide a large field, building, and roadways for the Mobile
Field Force Tactics Training on November 5, 1999.
Adopted Yeas - 6 Nays - 0
18. Resolution - 99 -901 - Authorizing the City of Saint Paul to accept $409,916.00 of additional funds
from the State of Minnesota to provide services to dislocated workers.
Adopted Yeas - 6 Nays - 0
19. Resolution - 99 -902 - Approving the addition of the following organizations to the 1999 Charitable
Gambling 10% Club: Conway Booster Club, Dayton's Bluff Booster Club, Langford Park Booster Club,
St. Paul Police Explorer Post 4454, and St. Paul Urban Tennis Program.
Adopted Yeas - 5 Nays - 0 Abstention -1 (Lantry)
20. Resolution - 99 -903 - Approving Disbursement of Youth Program Funds to the following
organizations: Asian Pacific Youth Alliance, Edgcumbe Community Center Hockey Booster Club, Girls
Are The Future, History Day Support Club, Lexington /Hamline Community Council, Lower East Side
Football Association, Margaret Booster Club, Midway Area Youth Athletic Club, St. Paul Science Fair
Support Group, St. Paul Urban Tennis Program, Sports For Life, and Youth Express - Girls' Club.
Adopted Yeas - 6 Nays - 0
21. Resolution - 99 -904 - Authorizing agreements between the City and Public Art Saint Paul for the
Ecolab Plaza Sculpture project.
Adopted Yeas - 7 Nays - 0
(Council requested that Tom Eggum, Department of Public Works, and Vic Wittgenstein, Division
of Parks and Recreation, provide an update at the October 13 City Council meeting on problems
associated with the Ecolab Plaza construction project and cost implications)
22. Resolution - 99 -905 - Increasing funding to cover boarding of vacant buildings for 1999 and to
provide funding for two emergency demolitions which do not qualify for Community Development
Block Grant (CDBG) funds.
Adopted Yeas - 6 Nays - 0
23. Resolution - 99 -906 - Creating the 1999 budget for the Rental Registration Program established by
the City Council.
Adopted Yeas - 6 Nays - 0
24. Resolution - 99 -907 - Establishing a budget for the fourth annual Youth Job and Volunteer Fair at
Rivercentre.
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Adopted Yeas - 6 Nays - 0
25. Preliminary Order - 99 -908 - In the matter of condemnation and taking for public purposes certain
properties in the Trout Brook area, and setting date of public hearing for October 13, 1999. (File
418914)
Adopted Yeas - 6 Nays - 0
26. Resolution Approving Assessment - 99 -909 - In the matter of the Ivy /Earl Residential Street Paving
and Lighting Project, and setting date of public hearing for October 13, 1999. (File 418893)
Adopted Yeas - 6 Nays - 0
27. Resolution Approving Assessment - 99 -910 - In the matter of summary abatements (property clean-
up and /or grass cutting) during the last week of July and /or August 1999; boarding -up vacant buildings
during July, 1999; demolition of vacant buildings during September, 1999; and summary abatements
(grass cutting by contractor) during July through mid - August, 1999, and setting date of Legislative
Hearing for October 5, 1999, and City Council Hearing for October 13, 1999. (J9907A, B, C,
J99GRASS)
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
28. Central Library Design Report on their new facility.
Carole Williams, Director of Libraries, and Jack Poling, Meyer, Scherer & Rockcastle, Ltd.
Architects presented the plan for remodeling the Central Library
29. Resolution - 99 -864 - Adopting the Area Plan Summary of the Shepard Davern Gateway Small Area
Plan as an addendum to the Saint Paul Comprehensive Plan and amending Plan language per
recommendation of the Planning Commission. (Laid over from September 8)
Adopted Yeas - 7 Nays - 0
(Amendments were made to the Shepard Davern Gateway Small Area Plan)
30. Resolution - 99 -865- To consider the vacation of part of Iglehart Avenue west of Snelling Avenue
and East of the railroad right -of -way. (Laid over from September 8)
Failed Yeas - 3 Nays - 4 (Benanav, Blakey, Bostrom, Lantry)
(Vacation denied)
31. Report from the Department of Planning and Economic Development regarding the feasibility and
advisability of increasing the City's and HRA's living wage rate. (Report requested by Council on June
16, 1999; C.F. 99 -523)
Patrick Sweeney, Department of Planning and Economic Development, presented a report.
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32. Report on a Heritage Preservation Site and Building Designation Workplan. (Report requested by
Council on June 23, 1999; C.F. 99 -587)
Dan Scott, Heritage Preservation Commission member, presented a report.
33. Presentation by Jane Norbin on the Saint Paul- Ramsey County Community Health Services Plan.
Rob Fulton, Public Health, presented the Community Health Services Plan.
ORDINANCES
34. Final Adoption - 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. (Substitute introduced on September 8; Laid over from
September 15 for final adoption)
Substitute introduced and laid over to October 6 for final adoption
Yeas - 6 Nays - 1 (Blakey)
35. Final Adoption - 99 -786 - An ordinance requiring disclosure of campaign contributions relating to
City managed competition contracts and collective bargaining agreements. (Laid over from September
15 for final adoption)
Laid over to October 6 Yeas - 6 Nays - 0 (Coleman not present)
36. Second Reading - 99 -888 - 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
Hamline Midway neighborhood to be known as the Hamline Midway Special District Sign Plan.
Laid over to October 6 for third reading /public hearing
37. Second Reading - 99 -889 - 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
Merriam Park neighborhood to be known as the Merriam Park Special District Sign Plan.
Laid over to October 6 for third reading /public hearing
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
38. Public hearing to consider the appeal of Tricia Leonard, Greg and Carol Clark, and Laurel Frost to a
decision of the Heritage Preservation Commission to grant approval for a building permit to construct a
structure with one dwelling unit and four garage stalls at 420 Portland Avenue (proposed by Ronald
Severson).
Public hearing and appeal were laid over (new notice of public hearing date to be given) until such
time as the applicant has made all applications and taken all steps necessary for final approval of
the project which will include at least site plan review and approval and necessary variances.
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Yeas - 7 Nays - 0
39. Resolution - 99 -911 - Establishing "No Parking 7:00 a.m. to 4:00 p.m. Monday through Friday,
August 15 through June 15, Except by Permit" (Area 25) on nine block faces adjacent to Cretin - Derham
High School.
Adopted Yeas - 6 Nays -1 (Bostrom)
40. Public hearing to consider the report of the Administrative Law Judge concerning licenses held by
Mohammad Abedi, dba Import Auto Enterprises, 830 Robert Street North.
Accepted the Findings of Fact and Conclusions of the Administrative Law Judge. The City
Council imposed a 30 -day suspension or, in the alternative, a $2,000.00 fine at the option of the
licensee, and imposed an additional 30 -day suspension, which is stayed for 18 months on two
conditions: 1) the condition on the license allowing 40 cars on premises is reduced to 20 cars; and
2) no further violations within the next 18 months.
Adopted Yeas - 4 Nays - 3 (Bostrom, Coleman, Lantry)
41. Resolution - 99 -912 - Concerning adverse action against the Cigarette License held by JMS
Investments, Inc., dba Lex Liquor Barrel, 451 Lexington Parkway North. (Uncontested)
Withdrawn Yeas - 6 Nays - 0 (Coleman not present)
42. Resolution - 99 -913 - Concerning adverse action against the Cigarette License held by Eileen and
Michael Ciuraru, dba Mystical Genie, 1111 Arcade Street. (Uncontested)
Adopted as amended Yeas - 7 Nays - 0
43. Resolution - 99 -914 - Concerning adverse action against the Cigarette License held by Reyes Group,
Inc., dba Hazel Park Amoco, 1200 White Bear Avenue North. (Uncontested)
Adopted Yeas - 6 Nays - 0 (Benanav not present)
44. Resolution - 99 -915 - Ordering the owner to remove or repair the building at 805 Agate Street within
fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying over
to the November 2, 1999, Legislative Hearing and the November 10, 1999, City Council Meeting)
Laid over to November 10 Yeas - 6 Nays - 0 (Benanav not present)
45. Resolution - 99 -916 - Ordering the owner to remove or repair the building at 1087 Ross Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 6 Nays - 0 (Benanav not present)
46. Resolution Ratifying Assessment - 99 -756 - In the matter of boarding up a vacant building at 600
West 7th Street (J9904B1) (Referred to the Legislative Hearing Officer on August
4 ) (Legislative Hearing Officer recommends reducing the assessment to $85.00 plus the $40.00
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administrative fee for a total assessment of $125.00)
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
47. Resolution Ratifying Assessment - 99 -917 - In the matter of summary abatements (property clean -up
and /or grass cutting) during June 1999 (J9905A); demolition of vacant buildings during June 1999
(J9905C); towing abandoned vehicles from private property during March 1999 (J9903V); boarding up
vacant buildings during May 1999 (J9905B); and sanitary sewer service repairs (SSA9901). (Legislative
Hearing Officer recommends approval with the following exceptions:
986 Colne Street (SSA9901) - Reduce the assessment to $3,566.00, plus the
$40.00 administrative fee, for a total assessment of $3,606;
1790 Wordsworth Avenue - Reduce the labor charge by half to $315.00, leave the 6 yard disposal
fee at $108.00, plus the $40.00 administrative fee, for a total assessment of $463.00;
942 Carroll Avenue (J9905A) - Delete the assessment)
Adopted as amended (per recommendation of the Legislative Hearing Officer
1707 Jefferson Avenue (SSA9901) and 430 Case Avenue (J9905A) were referred to a Legislative
Hearing. Yeas - 7 Nays - 0
48. Resolution 99 -918 - Approving vacation of the alley and air rights in Auditors Subdivision No. 52,
271 Summit Avenue.
Adopted Yeas - 7 Nays - 0
49. Resolution 99 -919 - Authorizing the vacation of the alley in Block 6, Auditors Subdivision No. 47 to
allow Hamline University to construct an apartment building for student housing in the block bounded
by Minnehaha Ave., Simpson St., Englewood Ave., and Pascal St.
Laid over to October 6 for public hearing Yeas - 7 Nays - 0
50. Resolution - 99 -920 - Authorizing the vacation of a part of Montana Avenue and certain alleys in
blocks 1 and 4 of Morton's Addition for the purpose of relocating residences purchased by the City in
Phase I of the Hoyt- Montana Flood Remediation Project.
Adopted Yeas - 7 Nays - 0
51. Resolution - 99 -921 - Authorizing vacation of the City's interest and disposition of Cliff Road right -
of -way in Ziegler & Mainzer's Subdivision of Winslow's Addition and Fischer & Lienau's Subdivision.
Adopted Yeas - 7 Nays - 0
52. Final Order - 99 -922 - In the matter of sidewalk construction and paving work, as requested by the
property owner, in connection with the Hampden/University Area Street Improvement Project. (File
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#18724 -SW)
Adopted Yeas - 7 Nays - 0
53. Final Order - 99 -923 - In the matter of improving Brompton Street from, Doswell Avenue to
Chilcombe Avenue, in connection with the Como /Arona Area Street Improvement Project. (File
#18768 -B)
Adopted Yeas - 7 Nays - 0
54. Final Order - 99 -924 - In the matter of the condemnation and taking for public purposes of certain
properties in the Trout Brook area.
Adopted as amended Yeas - 7 Nays - 0
55. Resolution Ratifying Assessment - 99 -925 - In the matter of 1999 replacement of lead water service
connections, as requested by the property owners. (File 499LDSCRPL)
Adopted Yeas - 7 Nays - 0
56. Resolution Ratifying Assessment - 99 -926 - In the matter of installation of new bituminous surfaced
streets with concrete curb and gutter, concrete driveway aprons and outwalks, boulevard landscaped
with sod and trees, a new lantern style lighting system, lead water service replacements, and sanitary
sewer repairs, in the Grotto /Hoyt Area Street Paving and Lighting Project. (File 418884)
Adopted Yeas - 7 Nays - 0
57. Resolution Ratifying Assessment - 99 -927 - In the matter of the Chatsworth /Hoyt Area Paving and
Lighting Project. (File 418885)
Adopted Yeas - 7 Nays - 0
58. Resolution Ratifying Assessment - 99 -928 - In the matter of the Margaret /Arcade Area Paving and
Lighting Project. (File 418855A)
Adopted Yeas - 7 Nays - 0
59. 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 from August 25)
Adopted Yeas - 7 Nays - 0
60. Public hearing to consider the application of Alan and Linda Huey for a subdivision review to allow
approval for the subdivision of 1,959 square feet of property from the St. Paul School Board at Como
Park High to be added to their existing lot at 718 W. Maryland Avenue to build a retaining wall and a
garage.
Motion of Intent - Application Granted Yeas - 7 Nays - 0
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61. Public hearing to consider the application of Alison Maule- Kronmiller to rezone property at 1678
Selby Avenue from RM -2 to 132 -C to allow a professional office.
Motion of Intent - Application Granted Yeas - 7 Nays - 0
Suspension Items
Resolution - 99 -929 - Urging citizens of Saint Paul to "Get Out The Books" and donate new and gently
used children's books through curbside recycling during the weeks of September 20 and October 1,
1999, or by drop -off at The Red Balloon or Hungry Mind Book Stores on Grand Avenue or at any Saint
Paul Library.
Adopted Yeas - 7 Nays - 0
Resolution - 99 -930 - Waiving the 45 -day notice for issuance of a liquor license at Dinner Club 2000,
Inc., 1177 Clarence Street.
Adopted Yeas - 7 Nays - 0
Resolution - 99 -931 - Accepting a gift of travel to Chicago, lodging and related expenses from the
University of Arkansas' Criminal Justice Institute for Council President Bostrom to serve on a focus
group for the NCRLE's Pathfinder Project.
Adopted Yeas - 7 Nays - 0
Resolution - 99 -932 - Honoring ESNDC on their 20th anniversary and declaring October 2, 1999, as
East Side Neighborhood Development Company Day.
Adopted Yeas - 7 Nays - 0
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