Agenda 2-7-2001Page 1 of 8
AGENDA OF THE
SAINT PAUL CITY COUNCIL
Wednesday, February 7, 2001
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
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Public Hearings
CONSENT AGENDA (Items I - 34)
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.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Richard Braun, Jr., Chad Carpenter, Grannis & Grannis, P.A. (for Anita Rodriguez), Amber
Johnston, Stephen Kapaun, Theresa Karlen, Theresa Kline, Christopher Lehmann (for Anita Rodriquez),
Liberty Mutual Fire Insurance Company (for Phyllis Dale), Joseph Malkush, Milton Investment Co.,
Pang Chang Moua, Roger Nelson, Helen Rauer, Nicholas Shreve, Cheryl Swan, Isaac Swanson, Swor &
Gatto, P.A. (for Peter Olivier), Delores Triement, Kelly Ware, and Rishia Weiss.
2. Communication from Lindquist & Vennum, P.L.L.P., regarding NRG Energy Center's request to meet
with City officials to discuss renewal of the high pressure steam line authorization and to examine
possible modifications to the existing ordinance granted to Norenco Corporation.
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3. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on February 12, 2001, at 9:30 a.m., Room 41 St. Paul City Hall, to consider the application for a
Currency Exchange License by Unbank Company, LLP, 1641 White Bear Avenue.
4. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on February 13, 2001, at 9:30 a.m., Room 42 St. Paul City Hall, to consider the application for a
Currency Exchange License by Cash -A- Check, LLC, dba Money X Change, 1676 Lexington Avenue.
5. Letter from the Office of the City Attorney announcing that the Administrative Law Judge Hearing in
the matter of the Sign Contractor's License held by Delite Outdoor Advertising, Inc. previously
scheduled for January 30, 2001, has been continued to March 8, 2001, at 9:30 a.m., Room 220A, City
Hall.
6. Administrative Orders:
D001968 Approving funding, not to exceed $900.00, for Division of Parks and Recreation Expanded
Staff Meetings held monthly in 2001 at Division facilities.
D001969 Approving funding, not to exceed $240.00, for Division of Parks and Recreation Workplace
Conduct Training Sessions held in 2001 at Division facilities for all full -time staff.
D001970 Authorizing the Department of Fire and Safety Services to pay stipend costs for teachers
attending a training workshop on Risk Watch injury - prevention curriculum.
D001971 Authorizing the Police Department to remit an amount not to exceed $200.00 to Events by
Design for food service for outside agencies and police personnel participating in the "Fitness and
Health for Law Enforcement" course on February 23, 2001.
D001972 Approving payment, not to exceed $15,000.00, for services provided to the Division of Parks
and Recreation in conjunction with the Saint Paul Winter Carnival Junior and Senior Royalty
Coronation.
D001973 Amending the spending and financing plans of the 2000 CIB Contingency and Hoyt /Montana
Flood Remediation projects by transferring old CIB monies.
FOR ACTION
7. Approval of minutes of December 6, and 13, 2000.
8. Resolution - 01 -85 - Approving the Stipulation Agreement between the City of Saint Paul and
AFSCME Council 14 to include the title of Life Guard, Senior Pool Attendant, Swimming Pool
Supervisor, and Water Safety Instructor within the Technical Employees Bargaining Unit. (To be laid
over one week for adoption)
9. Resolution - 01 -86 - Approving payment in the amount of $10,000 to Grady Williams and his
attorney, Bradley H. Ratgen, in full settlement of their claim against the City of Saint Paul.
10. Resolution - 01 -87 - Approving payment in the amount of $76,250.00 to L.S. Black Constructors,
Inc. in full settlement of their claim against the City of Saint
Paul.
11. Resolution - 01 -88 - Approving a change to spending object codes, from Council Contingency to
City contribution to outside agency - Capital City Partnership.
12. Resolution - 01 -89 - Authorizing City officials and staff to enter into a lease agreement with Mildred
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Pierce, Inc. for locating a floating restaurant on the public dock in Harriet Island Regional Park.
13. Resolution - 01 -90 - Amending prior and current year budgets for the Citywide Capital Maintenance
Program.
14. Resolution - 01 -91 - Memorializing City Council action taken January 24, 2001, denying the
application for a Recycling Processing Center License by Glen E. Berhow, dba G.B. Core, Inc., 500
Bush Avenue.
15. Resolution - 01 -92 - Memorializing City Council action taken December 6, 2001, denying the appeal
of Buffalo Sober Group, LLC to a decision of the Planning Commission denying an application for a
Nonconforming Use Permit to establish a rooming house at 97 North Oxford Street.
16. Resolution - 01 -93 - Authorizing the Police Department to enter into an agreement, which includes
an indemnification clause, with the Mayo Civic Center, Rochester, MN, for the rental and use of a
meeting room for training purposes.
17. Resolution - 01 -94 - Amending the City's Comprehensive Plan by adding a section on Visual Beauty
that supports reducing the number of billboards in the City.
18. Resolution - 01 -95 - Amending the financing and spending plans of the Wabasha West projects
in 1999 and 2000 by transferring MSA funding from Wabasha West project in 2001.
19. Resolution - 01 -96 - Amending the financing and spending plans of the Maryland/ Arcade left turn
lane project by transferring MSA funding from the 1998 MSA Contingency project.
20. Resolution - 01 -97 - Amending and closing the financing and spending plans of the Lexington
Parkway paving project.
21. Resolution - 01 -98 - Amending the financing and spending plans of the Shepard Road - Randolph to
Market project by removing $250,000 of unidentified financing.
22. Resolution - 01 -99 - Establishing a new project in the 2001 Capital Improvement Budget entitled
Belvidere Recreation Center Soccer Field.
23. Resolution - 01 -100 - Holding Ramsey County and the City of Maplewood harmless for its use of
Round Lake for the family fishing event on February 3, 2001.
24. Resolution - 01 -101 - Recommending adverse action against the Cigarette/ Tobacco License held by
Cecilia M. Albright, dba Centennial Store, 658 Cedar Street.
25. Resolution - 01 -102 - Recommending adverse action against the Cigarette/ Tobacco License held by
Sophy Lim, dba, Jubilee - St. Marie's, 101 5th Street East.
26. Resolution - 01 -103 - Recommending adverse action against the Cigarette/
Tobacco License held by F & D Enterprises, Inc., dba Mounds Park Quick Stop, 243 Point Douglas
Road North.
27. Resolution - 01 -104 - Waiving the prohibition contained in Saint Paul Legislative Code Section
409.06(n) and authorizing the issuance of the on -sale liquor license, subject to any other legal
requirements of the code, for Tycoon, Inc., dba Downtowner Cafe, 249 West 7th Street.
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28. Resolution - 01 -105 - Approving the application for Malt On Sale (strong), and Wine On Sale
Licenses by Clairview Holdings, LLC, dba Groveland Tap, 1834 St. Clair Avenue. (Legislative
Hearing Officer recommends approval with conditions)
29. Resolution - 01 -106 - Approving the application for Gas Station, Grocery (C), Restaurant, and
Cigarette /Tobacco License by Jade, Inc., dba Snelling I -94 Citgo, 326 Snelling Avenue. (Legislative
Hearing officer recommends approval)
30. Preliminary Order - 01 -107 - In the matter of operating costs for three parcels of property that were
inadvertently left off the rolls for above standard street lighting projects, and setting date of public
hearing for April 4, 2001. (File 418430 & 18590)
31. Resolution Approving Assessment - 01 -108 - In the matter of sidewalk reconstruction in Wards 4, 6
& 7 (work is completed), and setting date of public hearing for March 7, 2001. (File 499WALKS2)
32. Resolution Approving Assessment - 01 -109 - In the matter of sidewalk reconstruction in Wards 2, 3,
5 & 6 (work is completed), and setting date of public hearing for March 7, 2001. (File 499WALKS2)
33. Resolution Approving Assessment - 01 -110 - In the matter of sidewalk reconstruction in Wards 1, 3,
4, 5, 6 & 7 (work is completed), and setting date of public hearing for March 7, 2001. (File
#99WALKS2)
34. Resolution Approving Assessment - 01 -111 - In the matter of demolition of vacant buildings in
November and December 2000 (JO 101C); boarding up vacant buildings in June through October, 2000
(JO IBDUP); grass cutting (by private contractor) in August, September and part of October, 2000
(JO 101G); towing abandoned vehicles from private property at 611 Whitall Street and from private
property in June through September, 2000 (JO101 V); and summary abatements (property cleanup) in
August, September, October, November and /or December, 2000, and setting date of Legislative
Hearings for March 20, 2001, and City Council Hearings for April 4, 2001.
FOR DISCUSSION
35. Resolution - 00 -1123 - Establishing the rate of pay for the unclassified position titled Administrative
Assistant -LISP. (Laid over from December 6, 2000)
36. Resolution - 00 -918 - Granting a waiver in order for the Office of Human Resources and the
Division of Contract and Analysis Services to establish master contracts for certain temporary staff
positions. (Laid over from January 17)
37. Resolution - 01 -112 - Approving a contract for Redevelopment between Target Corporation and the
City of Saint Paul to assist in the interior and exterior redesign and renovation of the downtown Dayton's
(Marshall Field's). (Note: this resolution will be laid over until after the public hearing on Item 477)
38. Six -month update from the Office of License, Inspections and Environmental Protection on a work
plan addressing the recommendations in the Performance Audit. (Update requested by Council on
August 2, 2000)
39. Report from the Citizen Service Office on their response to the Council Research Performance
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Audit. (Report requested by Council on January 24, 2001; C.F. 01 -67)
40. Update by Bill Gunther, Environmental Health Director (LISP), and Dan Smith, Department of
Planning and Economic Development, on issues related to noise and odor at the Minnesota Brewing
Company /Gopher State Ethanol Plant. (Monthly updates were requested by the Council on August 9)
41. Final Report from Clayton Robinson, City Attorney, on the matter of the operations of the Gopher
State Ethanol Plant and the effect of those operations as to whether there exists sufficient grounds to
merit preparation of legal action. (Per C.F. 00 -1069 adopted on November 8)
42. Joint report by Clayton Robinson, Saint Paul City Attorney, and Susan Gaertner, Ramsey County
Attorney, regarding the Joint Domestic Abuse Prosecution Program.
43. Report on the status of the East Building of the Science Museum Building, District 17. (Requested
by the Council on December 6, 2000; laid over from January 3)
44. Considering the application of Al and Linda Huey for subdivision by lot split (22 foot wide parcel
running from the south side of 718 Maryland Avenue West to Grotto Street) of property of Independent
School District 625 to be tied to 718 Maryland Avenue West. (Public Hearing held January 3; laid over
from January 10)
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LAW ENACTED BY THE CITY COUNCIL. IT IS READ AT
FOUR SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY
THE COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
45. Final Adoption - 00 -1066 - 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
Thomas /Dale District 7 Neighborhood to be known as the Thomas/Dale District 7 Special District Sign
Plan. (Amended and laid over from January 24)
46. Final Adoption - 01 -11 - An ordinance amending Chapter 33.04(G)(8) of the Saint Paul Legislative
Code by changing the inspection permit fee rates for fire sprinkler systems by eliminating the $48.00 fee
for the first ten sprinkler heads and increasing the rate from $10.00 to $15.50 for each ten sprinkler
heads or fraction thereof.
47. Final Adoption - 01 -19 - An ordinance providing for the collection of refuse and the assessment and
collection of service charges for such services. (Amended and laid over from January 24)
48. Final Adoption - 01 -34 - An ordinance amending Sections of Chapter 66 of the Saint Paul Zoning
Code pertaining to the repair of advertising signs as recommended by the Saint Paul Planning
Commission pursuant to Council File No. 97 -1658 and Minnesota Statutes Section 462.355, Subdivision
4.
49. Second Reading - 01 -68 - Finalizing City Council action approving a petition of Cayuga Street, LLC
to rezone property at 178, 182, and 186 Cayuga Street from RT -1 to P -1 to allow development of an off -
street parking lot. (Public hearing was held December 20, 2000)
50. First Reading - 01 -113 - Amending Chapter 86 of the Saint Paul Administrative Code to allow City
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officials, officers,and employees to incur charges for City purposes; alternative electronic methods of
payments; and the Director of Financial Services to sign vendor and payroll checks.
51. First Reading - 01 -114 - An ordinance amending Chapter 96 of the Saint Paul Administrative Code
to expand the methods of payment to include accepting checks, credit, charge, or debit cards, or other
methods of electronic or wire funds transfer for payment of government service transactions; authorizing
the Office of Financial Services to negotiate contracts with the appropriate entities to process non -cash
payment for all City departments; and allowing a convenience fee to be added to each transaction based
on actual costs charged by a processing contractor.
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
52. Resolution - 01 -115 - Revoking the provisional taxicab driver's license of Vernon Powers.
53. Resolution - 01 -116 - Revoking the provisional taxicab driver's license of Dahir Shire.
54. Resolution - 01 -117 - Revoking the provisional taxicab driver's license of Taye Sillga.
55. Resolution - 01 -118 - Revoking the provisional taxicab driver's license of Christopher Valley.
56. Resolution - 01 -119 - Revoking the provisional taxicab driver's license of Bashir Yousuf.
57. Resolution - 01 -13 - Ordering the owner to remove or repair the building at 508 Sherburne Avenue
within fifteen (15) days from adoption of resolution. (Laid over from January 24) (Legislative Hearing
Officer recommends approval)
58. Resolution - 01 -120 - Ordering the owner to remove or repair the building at 452 Edmund Avenue
within fifteen (15) days from adoption of resolution.
Note: No testimony will be taken on February 7; this resolution will be laid over to February 28
due to a change in the Legislative Hearing to February 13, 2001.
59. Resolution - 01 -121 - Ordering the owner to remove or repair the building at 676 Edmund Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
60. Resolution - 01 -122 - Ordering the owner to remove or repair the building at 964 Woodbridge Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying
over to the February 20 Legislative Hearing and the February 28 City Council meeting)
61. Appeal of James Brown to a Notice of Condemnation as Unfit for Human Habitation and Order to
Vacate the building at 749 University Avenue West, Unit 41. (Legislative Hearing Officer
recommends denying the appeal)
62. Appeal of James Brown to a summary abatement appeal for property located at 749 University
Avenue West, Unit 41. (Legislative Hearing Officer recommends denying the appeal)
63. Resolution Ratifying and Confirming Condemnation and Awards of Damages and Assessments - 00-
1193 - In the matter of condemning and taking an easement to widen Maryland Avenue at Arcade Street.
(File 418927E) (Laid over from January 24, 2000)
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64. Resolution - 01 -123 - Approving the application for a sound level variance by Lance Hughes,
President, On Campus Booking, to allow live and amplified music for their teen events, at Imperial
Parking Lot 488, intersection of Eagle and Exchange Streets, during the State high school sports
tournaments on March 1,2,3,8,9,10,22,23 & 24, 2001, from 7:00 p.m. to 10:30 p.m.
65. Resolution - 01 -124 - Approving the application for a sound level variance by Scanlon Pub, Inc. (the
Dubliner Pub), 2162 University Avenue, for live music in an outdoor tent on March 16, 2001, from 6:00
p.m. to midnight, and on March 17, 2001, from 12:00 noon to midnight
66. Final Order - 01 -125 - In the matter of construction of a bituminous driveway on private property at
1039 California Avenue West. (File 418885 -D)
67. Final Order - 01 -126 - In the matter of improving Cathlin Street from Como Avenue South to the
cul -de -sac. (File 418930A)
68. Final Order - 01 -127 - In the matter of construction of a sanitary sewer in Ogden Court from three
hundred (300) feet west of McKnight Road to Winthrop Street and in an easement area parallel and
approximately one hundred sixty (160) feet north of the Ogden Court sewer. (File 418937)
69. Final Order - 01 -128 - In the matter of construction of a sanitary sewer in Winthrop Street from
Snowshoe Lane to Boxwood Avenue and in Boxwood Avenue from Winthrop Street to approximately
eighty (80) feet west of Birch Street. (File 418938)
70. Public hearing to consider the application of O'Hara Enterprises, Inc. to rezone property at 225 North
Wilder Street (between Marshall and Dayton Avenues) from B -2 Community Business District to RT -1
Two - Family Residential District to allow conversion to a duplex.
71. Resolution - 01 -81 - Denying the petition of David Ojeda and David Sutterfield to vacate a portion
of Hadley Street in order to landscape the area. (Laid over from January 24)
72. Public hearing to consider the application of Metzger Building Materials to rezone property at 763
and 765 Bradley Street from RT -1 to I -1 to use for outside storage of metal framing for drywell.
73. Public hearing to consider the application of John Schumacher to rezone property at 330 Prior
Avenue North from RT -1 to OS -1 to allow a purification center.
74. Resolution - 01 -50 - Amending language regarding customer parking on the north side of Lincoln
Avenue between Avon and Chatsworth Streets during construction of the Vic I Project. (Adopted
January 17; reconsidered and laid over from January 24)
75. Public hearing to consider a preliminary plat proposed by OPUS Northwest L.L.C. for subdivision of
property bounded by Robert Street, Fairfield, Livingston, and the Mississippi River to create three
mixed use lots and one outlot to provide for redevelopment as part of the West Side Flats.
76. Public hearing on the Upper Landing Urban Design Master Plan.
77. Public hearing to waive the living wage requirements for Dayton's (Marshall Field's contract).
(Related to Item 437; C.F. 01 -112)
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