Minutes 4-12-2000Page 1 of 8
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, April 12, 2000 - 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
Web Index
• Consent Agenda
• For Action
• Administrative Orders
• For Discussion
• Ordinances
• Public Hearings
• Suspension Items
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
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 March 22, 2000.
Adopted Yeas - 7 Nays - 0
2. Claims of David Beaudet, David Eberhardt, J. Francis Fee, Melissa Gabriel, and Vivian Takach.
Referred to the Employee /Risk Management Office
3. Summons and Complaint in the matter of Maureen Foley, Glenda Playle, Catherine Carbone, Joanne
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Sewell Farmer, Gina L. Hall, Richelle Nicasia, Kathleen O'Connor, Linda J. Schwartzbauer, Julie A.
Tossey, Verona Weadock, Jennifer Leong, and Tamara Abbott vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
4. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
April 26, 2000, to consider adverse action against the Auto Repair Garage License held by Frank
Gaston, dba Frank's Auto Service, 150 Concord Street. (Uncontested)
5. Letter from the Real Estate Division announcing a public hearing before the City Council on May 3,
2000, to consider the petition for vacation of right -of -way and utility easements in part of Hawley Street
south of Arlington Avenue and the alley in Block 5, Hager's Subdivision.
6. Administrative Orders:
D001877 Amending the 1999 budget in the Division of Parks and Recreation for Fund 388 Town
Square Park.
D001878 Extending the contract completion date from November 30, 1998, to June 29, 1999, for the
Phalen Wetlands Project.
Noted as on file in the City Clerk's Office
7. Resolution - 00 -291 - Approving the January 1, 2000, to December 31, 2001, Collective Bargaining
Agreement between the City of Saint Paul and the International Association of Fire Fighters, AFL -CIO
Local 21. (Laid over from April 5 for adoption)
Adopted Yeas - 7 Nays - 0
8. Resolution - 00 -292 - Approving the July 1, 1999, through June 30, 2001, Labor Agreement between
the City of Saint Paul and District Lodge No. 77, International Association of Machinists and Aerospace
Workers AFL -CIO. (Laid over from April 5 for adoption.)
Adopted Yeas - 7 Nays - 0
9. Resolution - 00 -330 - Authorizing participation in the Minnesota Library Information Network as a
Gateway Server Site.
Adopted Yeas - 7 Nays - 0
10. Resolution - 00 -331 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at: 240 Sycamore Street West, 622 & 632 Snelling Avenue
South, 1425 Grand Avenue, 249 Fourth Street East (aka 253 Fourth Street East), and 1770 Old Hudson
Road.
Adopted as amended Yeas - 7 Nays - 0
(249 Fourth Street laid over to May 10)
11. Resolution - 00 -332 - Approving application for Malt Off Sale, Grocery (C), and Cigarette /Tobacco
Licenses by Mai Moua, dba Minnehaha Super Market, 1187 Minnehaha Avenue East. (Legislative
Hearing Officer recommends approval with conditions)
Adopted Yeas - 7 Nays - 0
12. Resolution 00 -333 - Increasing the 2000 budget in the Police Department for the Cops More 1996
Grant.
Adopted Yeas - 7 Nays - 0
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13. Resolution 00 -334 - Accepting a Cops More 98 Grant in the Police Department and establishing a
2000 spending and financing plan for the grant.
Adopted Yeas - 7 Nays - 0
14. Resolution 00 -335 - Authorizing the Police Department to accept a Juvenile Auto Theft Grant in the
amount of $22,924.80 from the Minnesota Auto Theft Prevention Board and to enter into an agreement.
Adopted Yeas - 7 Nays - 0
15. Resolution 00 -336 - Authorizing the Police Department to accept an Auto Theft Prevention Program
Grant in the amount of $26,264.32 from the Minnesota Auto Theft Prevention Board and to enter into an
agreement.
Adopted Yeas - 7 Nays - 0
16. Resolution 00 -337 - Authorizing the Police Department to accept a Harley- Davidson Auto Theft
Grant in the amount of $18,500.00 from the Minnesota Auto Theft Prevention Program.
Adopted Yeas - 7 Nays - 0
17. Resolution 00 -338 - Finalizing City Council action taken February 23, 2000, denying the application
of Dr. Irving Herman Trust to rezone property at 2336 Territorial Road from RM -3 to I -1.
Adopted Yeas - 7 Nays - 0
18. Resolution 00 -339 - Amending the Salary Plan and Rates of Compensation Vacation section by
increasing the deadline for using additional vacation time carried over into the year 2000 for designated
employees of the City Attorney's Office.
Adopted Yeas - 7 Nays - 0
19. Resolution - 00 -340 - Correcting the legal description of easements taken for the Annapolis /Concord
Sewer Project. (C.F. 87 -784)
Adopted Yeas - 7 Nays - 0
20. Resolution - 00 -341 - Refunding Sewer Availability Charges in the amount of $3,150.00 to BCB
Construction, Inc.
Adopted Yeas - 7 Nays - 0
21. Resolution - 00 -342 - Releasing easements in Lots 2 & 3, Block 2, Empire Builder Industrial Park.
Adopted Yeas - 7 Nays - 0
22. Preliminary Order - 00 -343 - In the matter of condemning and taking of property rights at 1662 East
Hoyt Avenue as required for construction of a dry pond in connection with the Hoyt- Montana Dry Pond
Project, and setting date of public hearing for May 3, 2000. (File 418883)
Adopted Yeas - 7 Nays - 0
23. Preliminary Order - 00 -344 - In the matter of installation of a sanitary sewer and service connections
in Ogden Avenue from Point Douglas Road to Winthrop Street, Winthrop Street from Ogden Avenue to
Snowshoe Lane, and Snowshoe Lane from Winthrop Street to 160 feet west of the west line of
McKnight Road, and setting date of public hearing for May 10, 2000. (File 418928)
Adopted Yeas - 7 Nays - 0
24. Resolution Approving Assessment - 00 -345 - In the matter of sidewalk reconstruction in Ward 2,
and setting date of public hearing for June 7, 2000. (File 4598006 - 598025)
Adopted Yeas - 7 Nays - 0
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25. Resolution Approving Assessment - 00 -346 - In the matter of reconstruction of a sidewalk in Ward
5, and setting date of public hearing for June 7, 2000. (File 4S99007)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
26. Update from the Department of Planning and Economic Development on April 12, 2000, regarding
re- employment services to employees of Quebecor Printing. (Update requested by Council April 5, C.F.
00 -328)
A report was presented by Wayne Young, Department of Planning and Economic Development,
Pam Kling, Employment Action Center, Ying Vang, Director of Lao Family, and Bill Lindenau
and Mary Rand, Quebecor Printing.
27. Resolution - 00 -223 - Approving the appointment of Susan Foote, Wayne Mikos, Shari Wilsey, Lee
Meyer, and Richard Wolfgramm, by Mayor Coleman, to the Saint Paul Heritage Preservation
Commission. (Laid over from March 22)
Adopted as amended Yeas - 7 Nays - 0
(See additional appointments under suspension items, Council File Nos. 00 -352 - 00 -355)
28. Report from Cretin - Derham Hall High School describing what they have done to address
neighborhood concerns with regard to parking. (Report requested by Council on December 8, 1999; C.F.
99 -1148)
A report was presented by Andy Bischoff, Dean of Students and Mary Jo Groeller, Administrator
of Public Relations
29. Resolution - 00 -347 - Selecting the two -lane extended option (Alternative 4) as the preferred
alternative for Ayd Mill Road and requesting the Department of Public Works to develop a financial
plan, construction plan, and construction schedule by July 1, 2000.
Adopted as amended Yeas - 5 Nays - 2 (Benanav, Lantry)
30. Resolution - 00 -316 - Ordering the owner to remove or repair the building at 923 Agate Street within
fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting the
owner six months to complete rehabilitation provided a $2,000.00 bond is posted by noon on April
5, 2000)
(Laid over from April 5)
Adopted (remove or repair building within 15 days)
Yeas - 7 Nays - 0
ORDINANCES
31. Second Reading - 00 -314 - An ordinance amending Saint Paul Legislative Code Section 403.05;
altering the waiver of distance requirements for bingo halls and requiring the City Council to consider
significant negative impacts of commercial uses when waiving distance requirements.
Laid over to April 26 for third reading /public hearing
32. Second Reading - 00 -315 - Rezoning portions of the Wilder Foundation's Rarig Campus to resolve
split zoning of newly platted property. (Public hearing held February 2, 2000)
Laid over to April 26 for third reading /public hearing
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PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
33. Third Reading - 00 -268 - An ordinance amending Chapters 116 and 135 of the Saint Paul
Legislative Code to provide for regulation of the public right -of -way.
Substitute introduced and laid over to April 19 for final adoption
Yeas - 7 Nays - 0
34. Third Reading - 00 -269 - An ordinance to repeal existing Chapter 431 of the Saint Paul Legislative
Code which provided for the granting of franchises to telecommunications companies.
Laid over to April 19 for final adoption
Yeas - 7 Nays - 0
35. Resolution - 00 -348 - Authorizing the City to submit Saint Paul's 2000 Consolidated Plan to the U.S.
Department of Housing and Urban Development (HUD). This plan includes Community Development
Block Grant (CDBG) - $10,997,000, HOME Investment Partnership Program - $2,318,000, and
Emergency Shelter Grant Program (ESG) - $354,000.
Adopted as amended Yeas - 7 Nays - 0
(Amendments were also made to the 2000 Consolidated Plan)
36. Resolution 00 -349 - Expanding the 7th Place Redevelopment Project to include the Lowry
Professional Building at 350 St. Peter Street, establishing the Lowry
Professional Building Tax Increment District, and approving the Lowry Professional Building Tax
Increment Financing Plan to allow development of 112 units of housing.
Adopted Yeas - 7 Nays - 0
37. Resolution - 00 -215 - Revoking the provisional operator status as a taxicab driver for Keith Hooks
for failure to enroll in the taxicab driver training course. (Laid over from March 1)
Laid over to May 24 Yeas - 7 Nays - 0
38. Resolution - 00 -174 - Ordering the owner to remove or repair the building at 1216 Reaney Avenue
within fifteen (15) days from adoption of resolution. (Laid over from February 23 (Legislative Hearing
Officer recommends approval)
Adopted as amended Yeas - 7 Nays - 0
(Repair within six months)
39. Resolution - 00 -350 - Ordering the owner to remove or repair the building at 358 Aurora Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
granting the owner six months to complete rehabilitation provided a $2,000 bond is posted by
noon on April 12, 2000)
Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0
40. Appeal of Robert M. Lewis to a summary abatement order for property located at 240 West
Sycamore Street. (Legislative Hearing Officer recommends laying over to the May 2, 2000,
Legislative Hearing and the May 10, 2000, City Council Meeting)
Laid over to May 10 Yeas - 6 Nays - 0 (Coleman not present)
41. Final Order - 00 -351 - In the matter of sidewalk reconstruction in Ward 4. (File 4S00015- S00035)
Adopted Yeas - 6 Nays - 0 (Coleman not present)
42. Resolution - 00 -74 - Vacating an alley located within an area currently used as a parking lot on the
southwest corner of Grand Avenue and Victoria Street allowing consolidation of the separate lots into
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one parcel as petitioned by James A. Stolpestad, for Victoria Crossing LLC. (Laid over from February
23) (Note: Public testimony will not be taken; this item will be laid over to May 10, 2000, for a public
hearing)
Laid over to May 10 Yeas - 7 Nays - 0
43. Public hearing to consider the following cases concerning a new carriage house proposed to be built
at 420 Portland Avenue: appeal of Greg and Carol Clark, Patricia Leonard, and Laurel Frost to a
decision of the Heritage Preservation Commission to approve the design; appeal of Ron Severson to a
decision of the Board of Zoning Appeals to deny a variance to reduce the required front yard setback;
and application of Ron Severson to review the site plan. (Laid over from February 9)
Laid over to May 24 Yeas - 7 Nays - 0
44. Public hearing to consider the appeal of Mr. Pong Yun Kim to a decision of the Planning
Commission denying him a special condition use permit for a billiard hall at 681 North Snelling
Avenue.
Motion of Intent - Appeal granted thereby approving the Special Condition Use Permit (SCUP)
with a modification of the special condition for a 100 -foot separation between a billiard hall and
adjacent residential property based on meeting the requirements for modification of a special
condition in Section 64.300 (f) (1) of the Zoning Code, subject to the following conditions:
1) Lighting be added to the rear parking lot using cut -off fixtures that don't shine into adjacent
residential property;
2) Rear parking lot be restricted to staff use only;
3) SCUP would expire if the lease for the 10 spaces at Jiffy Lube is not renewed and if not
renewed, replaced with 10 spaces of off - street parking within 300 feet of the billiard hall;
4) SCUP expires with the termination of this business, under this ownership.
The Council finds that there was an error in one or more of the findings of the Planning
Commission in that:
1) The SCUP will satisfy the requirement for ingress and egress in that the parking agreement is
satisfactory; and
2) The use does conform to zoning district regulations in that the Council does thereby grant a
variance from the 100 foot distance requirement based on the agreement with the neighboring
owner.
Yeas - 7 Nays - 0
Suspension Items
Resolution - 00 -352 - Approving the appointment of Wayne Mikos, by Mayor Coleman, to the Saint
Paul Heritage Preservation Commission. (Laid over from March 22)
Adopted Yeas - 7 Nays - 0
Resolution - 00 -353 - Approving the appointment of Shari Wilsey, by Mayor Coleman, to the Saint Paul
Heritage Preservation Commission. (Laid over from March 22)
Adopted Yeas - 4 Nays - 3 (Benanav, Blakey, Lantry)
Resolution - 00 -354 - Approving the appointment of Lee Meyer, by Mayor Coleman, to the Saint Paul
Heritage Preservation Commission. (Laid over from March 22)
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Adopted Yeas - 4 Nays - 3 (Benanav, Blakey, Lantry)
Resolution - 00 -355 - Approving the appointment of Richard Wolfgramm, by Mayor Coleman, to the
Saint Paul Heritage Preservation Commission. (Laid over from March 22)
Adopted Yeas - 4 Nays - 3 (Benanav, Blakey, Lantry)
Resolution - 00 -356 - Approving the appointment of Gar Hargens, by Mayor Coleman, to the Heritage
Preservation Commission.
Adopted Yeas - 7 Nays - 0
First Reading - 00 -357 - An ordinance amending Sections 73.03 and 73.04 of the Saint Paul Legislative
Code relating to the membership of the Heritage Preservation Commission.
Laid over to April 19 for second reading Yeas - 7 Nays - 0
Resolution - 00 -358 - Directing that the City of Saint Paul to undertake efforts to continue to operate the
Skyway Library in Town Square Park or other possible downtown locations after the Norwest Center
location has closed.
Adopted Yeas - 7 Nays - 0
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