Minutes 4-5-2000Page 1 of 8
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, April 5, 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 - 5 - Blakey, Bostrom, Harris, Lantry, Reiter
Absent - 2 - Benanav (excused), Coleman (arrived after roll call)
CONSENT AGENDA (Items I - 36)
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 8 and 15, 2000.
Adopted Yeas - 6 Nays - 0
2. Claims of Jennifer Banks, Adam Gould, Andre Halston, Tarek Kablawi, William Marquardt, Michelle
Mickelson, Alicia Morales, John Ode, Bernard Robichaud, Sr., Asha Ross, Ronald Rosenbaum, Jeff
Strohm, Steve Tschida, and Angela Wells.
Referred to the Employee /Risk Management Office
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3. Summons and Complaint in the matter of Renee Boos v. the City of Saint Paul.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of American Family Mutual Insurance Company v. the City of
Saint Paul, et al.
Referred to the City Attorney's Office
5. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on April 12, 2000, 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.
6. Letter from the Office of the City Attorney announcing a hearing before an Administration Law Judge
on April 25, 2000, at 9:30 a.m., Room 42 St. Paul City Hall, to consider adverse action against the
Second Hand Dealer, Motor Vehicle and Auto Repair Garage Licenses held by Heartland Auto Sales,
Inc., 1236 Arcade Street.
7. Letter from the Citizen Service Office /Property Code Enforcement declaring 358 Aurora Avenue as
nuisance property and setting date of Legislative Hearing for April 4, 2000, and City Council Hearing
for April 12, 2000.
8. Letter from the Citizen Service Office /Property Code Enforcement declaring 1246 Seventh Street East
and 1497 York Avenue as nuisance properties. (For notification purposes only; public hearings will be
scheduled at a later date if necessary.)
9. Letters from the Citizen Service Office /Property Code Enforcement declaring 987 Minnehaha Avenue
East and 1356 Reaney Avenue as nuisance properties and setting date of Legislative Hearings for April
18, 2000, and City Council Hearings for April 26, 2000.
10. Letters from the Office of the City Attorney announcing public hearings before the City Council on
April 26, 2000, to consider revocation of the provisional operator status as a taxicab driver for Malik
Abdelrazig, Emmanuel Asabere, Awalchew Cherto, Harold Dickens, Frank Durkin, Alfred Flores,
Ghani Habib, Scott Kern, Lisa Kraemer, Willis McKinley, Carroll Nelson, Ousham Omar, Tyrone
Pringle, Mark Remley, Michael Robertson, and Eric Wenzel.
11. Letters from the Office of the City Attorney announcing public hearings before the City Council on
May 3, 2000, to consider revocation of the provisional operator status as a taxicab driver for Brian Cady,
Kidane Habtes, Dwight Smith, Timothy Spann, and Richard Tomlinson.
12. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on April 26, 2000, to consider the application for a sound level variance
from the St. Paul Saints Baseball Club for an amplified music concert to be held on June 11, 2000, from
3:00 p.m. to 10:00 p.m.
13. Administrative Orders:
D001866 Amending the 2000 budget in the Police Department by transferring $22,000.00 from salaries
to object code 0299 for a service contract for telephone switching equipment and "time /material"
contract for voice mail.
D001867 Amending the 1999 budget in the Housing Information Office to cover 1999 year -end
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variances.
D001868 Amending the 1999 budget in the Department of Fire and Safety Services to cover 1999 year-
end variances.
D001869 Amending the 1999 budget in the Office of Financial Services to cover 1999 year -end
variances.
D001870 Amending the 1999 budget in the Office of Citizen Services to cover 1999 year -end variances.
D001871 Amending the 1999 budget in the Department of Planning and Economic Development to
provide for unemployment compensation charges.
D001872 Amending the 1999 budget in the Division of Parks and Recreation by transferring budget
money to provide sufficient funding at the budgetary control level.
D001873 Amending the 1999 budget in the Division of Libraries to cover negative balances in major
object codes within the Library's Aids and Grants Fund budget.
D001874 Amending the 1999 budget in the Office of Financial Services for the 1999 PC Replacement
Program.
D001875 Authorizing reallocation of the Coordinated Housing Program (CHIP) budget in the
Department of Planning and Economic Development.
Noted as on file in the City Clerk's Office
14. 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. (To be laid over one week for adoption)
Laid over to April 12 for adoption
15. 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. (To be laid over one week for adoption.)
Laid over to April 12 for adoption
16. Resolution - 00 -293 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 790 Laurel Avenue (withdrawn), 1264 Davern Street;
1445, 1457, 1461, 1471, 1477, 1485, 1491, 1501, 1507, 1511, 1517, 1527, 1533, 1539, & 1545 St. Paul
Avenue; 11 Kellogg Boulevard East; and 1186 & 1188 Seventh Street East.
Adopted Yeas - 6 Nays - 0
17. Resolution - 00 -294 - Approving application for Auto Repair Garage, Tow Truck/Wrecker
(Vehicle), and Tow Truck/Wrecker (Operator) Licenses by Sean A. McMurray, dba A -1 /Able Towing,
14 Acker Street East. (Legislative Hearing Officer recommends approval with conditions)
Adopted Yeas - 6 Nays - 0
18. Resolution - 00 -295 - Adding a spending and financing plan in the Department of Public Works for
the Maryland /Arcade Channelization Project by transferring $370,000 MSA from the Exchange Street
and Chestnut, Maryland /Arcade /Payne/ Arkwright, and 1997 MSA Contingency projects.
Adopted Yeas - 6 Nays - 0
19. Resolution - 00 -296 - Establishing spending and financing plans in the Department of Public Works
for the West Seventh /Jefferson Channelization project being funded by the Liveable Community Grant.
Adopted Yeas - 6 Nays - 0
20. Resolution - 00 -297 - Establishing a new project in the 2000 Capital Improvement Budget in the
Division of Parks and Recreation entitled Harriet Island Park Improvement.
Adopted Yeas - 6 Nays - 0
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21. Resolution - 00 -298 - Authorizing the Division of Parks and Recreation to enter into an agreement
with Black Bear Crossings for the management and operation of the Como Lakeside Pavilion.
Adopted Yeas - 6 Nays - 0
22. Resolution - 00 -299 - Allowing the Saint Paul Saints Baseball Club to use the City's 3.2 Malt Liquor
License at Midway Stadium in 2000.
Adopted Yeas - 6 Nays - 0
23. Resolution - 00 -300 - Authorizing payment of $14,000.00 to Jerome W. Anderson in full settlement
of his claim against the City of Saint Paul.
Adopted Yeas - 6 Nays - 0
24. Resolution - 00 -301 - Changing the rate of pay for the classification of Zoning Manager.
Adopted Yeas - 6 Nays - 0
25. Resolution - 00 -302 - Approving a change in the Area Development Rate provided by NSP,
commonly referred to as Project Gemini, from Empire Builder Industrial Park to the Great Northern
Business Center - Phase I (Maxson Steel).
Adopted Yeas - 6 Nays - 0
26. Resolution - 00 -303 - Authorizing the proper City officials to execute an agreement with the Board
of Water Commissioners to provide central services.
Adopted Yeas - 6 Nays - 0
27. Resolution - 00 -304 - Adopting the area plan summary of The Great Northern Corridor: A
Community Vision as an addendum to The Saint Paul Comprehensive Plan.
Adopted Yeas - 6 Nays - 0
28. Resolution - 00 -305 - Authorizing the reconveyance of a portion of tax forfeited property for the
Fifth Street Commons Housing development project.
Adopted Yeas - 6 Nays - 0
29. Resolution - 00 -306 - Allowing waiver of petition for Grand Old Day Block Party permit.
Adopted Yeas - 6 Nays - 0
30. Resolution - 00 -307 - Naming Harriet Island Park Roads.
Adopted Yeas - 6 Nays - 0
31. Resolution - 00 -308 - Releasing easement interests in two parcels of the skyway easement lying
within Norwest Center.
Adopted Yeas - 6 Nays - 0
32. Preliminary Order - 00 -309 - In the matter of sidewalk reconstruction on portions of South
Chatsworth Street, Fairmount Avenue, South Grotto Street, James Avenue, Linwood Avenue, South
Milton Street, Osceola Avenue, St. Clair Avenue, and Sturgis Street, and setting date of public hearing
for April 26, 2000. (File 4500036 - 500045)
Adopted Yeas - 6 Nays - 0
33. Resolution Approving Assessment - 00 -310 - In the matter of construction of portions of Topping
Street with bituminous roadway, concrete curb and gutter, storm drainage facilities, sidewalks and
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boulevard sodding, tree planting, construction of a lantern style lighting system, sanitary sewer and
service connections, water main and water connections, and all other work necessary to complete said
improvement for the Great Northern business Center Phase I, and setting date of public hearing for May
10, 2000. (File 418924)
Adopted Yeas - 6 Nays - 0
34. Resolution Approving Assessment - 00 -311 - In the matter of sidewalk reconstruction on both sides
of West George Street from Ohio Street to Orleans Street and the west side of Ohio Street from West
George Street to approximately 45 feet south of West George Street, and setting date of public hearing
for May 24, 2000. (File 4S9475)
Adopted Yeas - 6 Nays - 0
35. Resolution Approving Assessment - 00 -312 - In the matter of sidewalk reconstruction at 856
Jackson Street, 991 Arcade Street, 844 Payne Avenue, 838 Iroquois Avenue, 2130 Stillwater Avenue,
2189 Ross Avenue, portions of Pearl Street, Cromwell Avenue, & North Hamline Avenue, 420
Cherokee Avenue, 863 Ottawa Avenue, 235 West Stevens Street, 2005 Thure Avenue, 1585 Conway
Street, 416 & 422 Cherokee Avenue, 332 Minnesota Street, 1445 Arcade Street, and a portion of Earl
Street, and setting date of public hearing for May 24, 2000. (File 4S97032, S97088, S97089, S97102-
S97105)
Adopted Yeas - 6 Nays - 0
36. Resolution Approving Assessment - 00 -313 - In the matter of sidewalk reconstruction at 332
Minnesota Street and 350 St. Peter Street, and setting date of public hearing for May 24, 2000. (File
S99009 & S99010)
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
37. Final Order - 00 -287 - In the matter of improving the alley in Block 8, Finch's Addition, bounded by
Tuscarora, Bay, Watson, and Osceola, by grading and paving with a bituminous material. (File 418921)
(Laid over from March 22)
Adopted Yeas - 6 Nays - 0
38. Final Order- 00 -288 - 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 or
remainder thereof, occasioned by excavations thereof or construction of slopes in the grading and paving
of the alley in Block 8, Finch's Addition, bounded by Tuscarora, Bay, Watson, and Osceola. (File
418921 S) (Laid over from March 22)
Adopted Yeas - 6 Nays - 0
39. Final Order - 00 -289 - In the matter of the operating costs for the above standard street lighting
system for 2000 (Golden Rule Building and Minnesota Mutual Life Tower). (File 418925) (Laid over
from March 22)
Adopted Yeas - 6 Nays - 0
40. Twelve months update by Vince Gillespie, Division of Parks and Recreation, on a Completed Work
Plan addressing the recommendations in the Performance Audit. (Requested by the Council on October
6, 1999)
Laid over to April 19 Yeas - 6 Nays - 0
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ORDINANCES
41. Final Adoption - 00 -219 - An ordinance amending C.F. 99 -1063, which had been enacted pursuant
to Minnesota Statutes § 462.355, Subd. 4 and which pertained to possible amendments to city zoning
regulations relating to trucking facilities, by adding new language which extends its expiration date to
coincide with the effective date of new regulations adopted in Council File 00 -130.
Adopted Yeas - 6 Nays - 0
42. Final Adoption - 00 -237 - An ordinance amending Section 310.19 of the Saint Paul Legislative
Code; modifying the investigation services required from a security agency to be selected and contracted
with the City of Saint Paul to provide alcohol awareness training to liquor - licensed establishments in
order to receive a 7% discount on the liquor license fee. (Amended on March 22)
Adopted Yeas - 6 Nays - 0
43. Second 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.
Laid over to April 12 for third reading /public hearing
44. Second 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 12 for third reading /public hearing
45. First 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 12 for second reading
46. First 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 12 for second reading
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
47. Resolution - 00 -167 - Revoking the provisional operator status as a taxicab driver for Shane E.
Coners for failure to enroll in the required taxicab driver training course. (Laid over from February 23)
Laid over to May 24 Yeas - 6 Nays - 0
48. Resolution - 00 -172 - Revoking the provisional operator status as a taxicab driver for Margaret
Outwater for failure to enroll in the required taxicab driver training course. (Laid over from February
23)
Withdrawn Yeas - 6 Nays - 0
49. Resolution - 00 -270 - Ordering the owner to remove or repair the building at 294 Charles Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval) (Laid over from March 22)
Adopted Yeas - 6 Nays - 0
50. 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
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5, 2000)
Laid over to April 12 Yeas - 6 Nays - 0
51. Resolution - 00 -317 - Ordering the owner to remove or repair the building at 668 5th Street East
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Laid over to May 3 Yeas - 6 Nays - 0
52. Resolution Ratifying Assessment - 00 -318 - In the matter of demolition of vacant buildings during
September, October or December 1999 (JOODEMO); summary abatements (property cleanup) for
September through December, 1999 (JSUMOO); boarding -up vacant buildings during August,
September, October, and November, 1999 (JBDUPOO); towing abandoned vehicles from private
property during September and /or December, 1997 and June and /or August, 1999 (J9912V); and
summary abatements (grass cutting by contractor) from mid - August through mid - October, 1999
(JGRASSOO). (Legislative Hearing Officer recommends approval with the following exceptions:
449 Banfil Street (J9912V) - Appeal denied;
759 Pierce Butler Route (JSUM00) - Delete the assessment;
1163 Ross Avenue (JSUM00) - Reduce the assessment to $100.00 plus the $45.00 service fee for a
total assessment of $145.00;
774 Sherburne Avenue (JSUM00) - Reduce the labor charge by half to $210.00, leave the 3 -1/2
yards of refuse at $63.00, two appliances at 50.00, five tires at $25.00, plus the $45.00 service fee,
for a total assessment of $393.00;
276 Sidney Street West (JSUM00) - Assessment approved with payment being spread over a ten -
year span.)
Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 6 Nays - 0
53. Appeal of Philip Reinhardt to a summary abatement order for property located at 795 Butternut
Avenue.
Order withdrawn; no action required
54. Resolution - 00 -319 - Adopting the creation of the Great Northern Business Center - Phase I Tax
Increment District and the Hazardous Substance Subdistrict and adoption of the Tax Increment
Financing Plan.
Adopted Yeas - 6 Nays - 0
55. Resolution - 00 -320 - Approving the petition of Kevin Lam to vacate the easterly portion of the alley
in Block 2, Mackubin & Marshall's Addition, bounded by University, Aurora, Mackubin and Arundel in
order to increase the privacy and security at his business.
Failed Yeas - 0 Nays - 6
56. Resolution - 00 -321 - Approving the petition of Dennis Guptil to vacate a portion of East Fifth
Street, Etna Street, and the alley in Hamer's Subdivision in order to allow construction of new housing
units.
Adopted Yeas - 6 Nays - 0
57. Final Order - 00 -322 - In the matter of taking property rights from Hazelwood Street and Etna Street
and from Magnolia Avenue to Ames Avenue as required for the Phalen Wetland III Project. (File
418901)
Adopted Yeas - 6 Nays - 0
58. Final Order - 00 -323 - In the matter of widening Maryland Avenue from Weide to Mendota Streets
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(Maryland /Arcade intersection) by installing turn lanes and modifying existing traffic signals and doing
all other work necessary to complete said improvements. (File 418927)
Adopted Yeas - 6 Nays - 0
59. Final Order - 00 -324 - In the matter of acquiring property and easements in connection with the
widening of Maryland Avenue between Weide and Mendota Streets (Maryland /Arcade intersection).
(File 418927E)
Adopted Yeas - 6 Nays - 0
60. Resolution Ratifying Assessment - 00 -325 - In the matter of benefits, costs and expenses for the
reconstruction of sidewalk on the west side of Waterloo Street from East Curtice Street to East Belvidere
Street. ( 4596014)
Adopted Yeas - 6 Nays - 0
61. Public hearing to consider the appeal of David Wildmo to a decision of the Heritage Preservation
Commission (HPC) denying approval of a sign permit to install two internally illuminated signs for the
Glockenspiel Bar and Restaurant, 605 West Seventh Street.
Motion of Intent - Appeal and building permit granted upon the basis that the HPC erred in one
or more of its findings: 1) the sign does not fundamentally alter the exterior character of the
building, and 2) the alteration will not materially impair the architectural or historic value of the
building.
Yeas - 5 Nays - 1 (Lantry)
Suspension Items
A report was presented by Eric Mische, Mayor's Office, on U.S. Census 2000.
Resolution - 00 -326 - Extending an offer to the Minnesota State Historical Society and other interested
parties to temporarily place a bust of Supreme Court Justice Harry Blackmun in the Saint Paul City
Hall/Ramsey County Courthouse building until such time it can be received at the Minnesota State
Capitol.
Adopted Yeas - 6 Nays - 0
Resolution - 00 -327 - Accepting proposal on sale of $8,035,000 Water Revenue Bonds, Series 2000C
and providing for their issuance.
Adopted Yeas - 5 Nays - 0 Abstention -1 (Reiter)
Resolution - 00 -328 - Requesting an update from the Department of Planning and Economic
Development on April 12, 2000, regarding re- employment services to employees of Quebecor Printing.
Adopted Yeas - 6 Nays - 0
Preliminary Order - 00 -329 - In the matter of sidewalk reconstruction in Ward 3, and setting date of
public hearing for May 10, 2000. (File 4500002 - 5000014)
Adopted Yeas - 6 Nays - 0
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