Approved Minutes 8-1-2001Page 1 of 16
SUMMARY MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, August 1st, 2001 - 3:30 - 5:00 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Web Index
• Consent Agenda
• Communications and Administrative Orders
• For Action
• For Discussion
• Ordinances
• Suspension Items
• Public Hearings
The meeting was called to order at 3:33 p.m. by Council President Bostrom.
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items 1 - 30)
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 BY
A COUNCILMEMBER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND
CONSIDERED SEPARATELY.
Councilmember Lantry requested Item 13 be removed for discussion.
Councilmember Harris requested Items 14 and 15 be removed for discussion.
Councilmember Coleman requested Item 29 be removed for discussion.
Councilmember Lantry moved approval of the consent agenda as amended.
Adopted as amended Yeas 7 Nays - 0
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Ruben Benegas, Troy Brown, Dr. Craig Daub, Patty Lauer, Michael E. Marks (for Melinda
fileJ /C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_162504\Approved ... 12/15/2010
Page 2 of 16
Dee Barber) David Roberts, Richard Rohland, and Patrick A. Sauer.
Referred to the Employee /Risk Management Division
2. Summons and Complaint in the matter of Lawrence James Clardy v. the City of St. Paul, et al.
Referred to the City Attorney's Office
3. Petition for Summons in the matter of the application of Twin Cities Habitat For Humanity, Inc. to
register title to real estate in Ramsey County.
Referred to the City Attorney's Office
4. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on August 30, 2001, at 9:30 a.m. in Room 42 St. Paul City Hall, concerning sale of cigarettes to a minor
by Pahoua Her at H V Fruit Market, 1350 7th Street East.
5. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on August 28, 2001, at 9:30 a.m. in Room 220B St. Paul City Hall, concerning the Auto Repair Garage
License held by Felipe Samaniego, dba High Tech Auto Service, 943 Maryland Avenue East.
6. Letter from the Real Estate Division announcing a public hearing before the City Council on August
22, 2001, to consider the petition of Katya Ricketts, East Side Neighborhood Development Company, to
vacate city alley right of way to construct a parking lot on the southwest corner of Jenks and Payne
Avenues for construction of a parking lot for apartments and a new restaurant.
7. Letter from the Real Estate Division announcing a public hearing before the City Council on August
22, 2001, to consider the petition of the Housing and Redevelopment Authority to vacate city alley right
of way within the boundaries of Cedar, Charles, Como, and Capitol Heights in order to sell the block for
development of 25 housing units.
8. Letter from the Citizen Service Office /Division of Property Code Enforcement declaring 633
Randolph Avenue and 393 Sidney Street East as nuisance properties and setting date of Legislative
Hearings for August 7, 2001, and City Council Hearings for August 22, 2001.
9. Letter from the Citizen Service Office /Division of Property Code Enforcement declaring 1124
Conway Street and 531 Ohio Street as nuisance properties. (For notification purposes only; a public
hearing will be scheduled at a later date if necessary.)
10. Administrative Order:
D002048 Approving payment, not to exceed $15,000.00, for expenses incurred by the Department of
Public Works for their open house activities on September 20, 2001.
Referred to the City Clerk's Office
FOR ACTION
11. Approval of minutes of July 18, 2001.
Adopted Yeas - 7 Nays - 0
12. Resolution - 01 -767 - Approving the expenditure of $30,000.00 from the Division of Marketing and
Promotions' budget to support and sponsor Firstar Capital City New Year and authorizing the proper
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162504\Approved ... 12/15/2010
Page 3 of 16
City officials to enter into contracts, as necessary, to provide such sponsorship.
Adopted Yeas - 7 Nays - 0
13. (Discussed after the consent agenda)
14. Discussed after the consent agenda)
15. Discussed after the consent agenda)
16. Resolution - 01 -771 - Supporting federal legislation on research and labeling of genetically
engineered foods and urging the Saint Paul School District to investigate the viability of offering organic
foods as part of their food service program.
Adopted Yeas - 7 Nays - 0
17. Resolution - 01 -772 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 819 Holly Avenue, 123 Acker Street East, and 1166
Seventh Street East.
Adopted Yeas - 7 Nays - 0
18. Resolution - 01 -773 - Appointing Peter G. Mikhail (departing assistant city attorney) as outside
counsel to continue defending appeal in Mississippi River Revival, Inc., et al. V. City of Saint Paul
Adopted Yeas - 7 Nays - 0
19. Resolution - 01 -774 - Approving payment of $29,500.00 to Lawrence Brown in full settlement of his
claim against the City of St. Paul.
Adopted Yeas - 7 Nays - 0
20. Resolution - 01 -775 - Amending the 2001 Capital Improvement Budget to include funding for the
Mississippi River Boulevard - Desnoyer Park Ornamental Fence Project.
Adopted Yeas - 7 Nays - 0
21. Resolution 01 -776 - Accepting a federal grant and establishing a budget in the Division of Parks and
Recreation for the Lower Phalen Creek site acquisition.
Adopted Yeas - 7 Nays - 0
22. Resolution - 01 -777 - Accepting State of Minnesota Metro Greenways funds for conservation
easements on the Lower Phalen Creek site.
Adopted Yeas - 7 Nays - 0
23. Resolution - 01 -778 - Accepting an invitation from the Como Zoological Society for elected City
officials and City staff to participate in a golf tournament benefit on Monday, August 6, 2001.
Adopted Yeas - 7 Nays - 0
24. Resolution - 01 -779 - Closing out the financing and spending plans for the Dale Street - University to
Minnehaha project by transferring MSA funding to the 2001 MSA Contingency project.
Adopted Yeas - 7 Nays - 0
25. Resolution - 01 -780 - Transferring excess Sewer Availability Charge (SAC) revenues from
unreserved retained earnings to the 2000 and 2001 Capital Projects Funds for sewer rehabilitation
construction.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162504\Approved ... 12/15/2010
Page 4 of 16
Adopted Yeas - 7 Nays - 0
26. Resolution - 01 -781 - Authorizing the Police Department to enter into a three -year maintenance
agreement renewal, which includes an indemnification clause, with Williams Communications.
Adopted Yeas - 7 Nays - 0
27. Resolution - 01 -782 - Releasing easements lying within the alleys vacated by Council File 01 -581 on
June 6, 2001 for Episcopal Health and Housing Services to develop property for senior housing.
Adopted Yeas - 7 Nays - 0
28. Resolution - 01 -783 - Releasing utility easements as part of the development of the area known as
the West Side Flats.
Adopted Yeas - 7 Nays - 0
29. (Discussed after the consent agenda)
30. Preliminary Order - 01 -785 - In the matter of sidewalk reconstruction and /or new construction in
Wards 1 through 7, and setting date of public hearing for August 22, 2001. (File #501085, 501090,
501091, 501095 - 501097, SO1101, 501119, 501 122)
Adopted Yeas - 7 Nays - 0
13. Resolution - 01 -768 - Authorizing the City to enter into the Downtown Riverfront Compact with
Capital City Partnership, Saint Paul Port Authority, Saint Paul RiverCentre Authority, and the Saint Paul
Riverfront Corporation for the purpose of working together with other community partners to begin the
process of outlining a future riverfront development agenda.
Councilmember Lantry said she thought a similar resolution was recently passed. She moved to lay over
one week in order to look into it.
Laid over to August 8 Yeas - 7 Nays - 0
14. Resolution - 01 -769 - Requesting the City Council to review and approve funding recommendations
for the 2002 Civic Organizations Partnership Program (COPP).
Councilmember Harris moved to lay over one week as he indicated he felt the Council should have more
details and more discussion on this issue.
Laid over to August 8 Yeas - 7 Nays - 0
15. Resolution - 01 -770 - Requesting the City Council to review and approve the 2002 Civic
Organizations Partnership Program (COPP) guidelines and budget objectives.
Councilmember Blakey presented a substitute resolution to include the Home Share Program in the
COPP guidelines. Council President Bostrom suggested that the original resolution could be amended to
add "Shared Living Programs" as No. 6 of the budget objectives listed in the resolution rather than
having a substitute. Councilmember Lantry accepted the amendment as friendly.
Councilmember Harris moved to lay over one week.
Amended and laid over to August 8 Yeas - 7 Nays - 0
29. Resolution - 01 -784 - Approving Cultural STAR Board recommendations and changes to the 2001
Cultural STAR spending plan.
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162504\Approved ... 12/15/2010
Page 5 of 16
Councilmember Coleman said he would like to add $500.00 to the Irish Festival which will be held on
Harriet Island on August 11 and 12, 2001. It was previously held at the University of St. Thomas and the
new location will require more financial assistance.
Councilmember Coleman moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
FOR DISCUSSION
31. Report on recommendations from the Mayor on energy conservation actions which can be taken by
City Managers and by Saint Paul residents and property owners. (Report requested by the Council on
May 16, 2001, C.F. 01 -500)
Chuck Armstrong, Mayor's Office, appeared. He noted that a report was distributed to the Council on
July 27, in response to the request in the resolution. The report contains four sections: 1) What the City
has done in the areas of energy conservation over the years; 2) Recommendations for additional energy
conservation action; 3) Where does the City go in the future; and 4) Attachment and supplemental
materials.
Councilmember Benanav said it appears the City is about $1.3 million over what was budgeted because
of the increased cost of energy. Presuming that costs do not revert back to lower levels, Benanav said he
assumed the Mayor will come in with an increase in the 2002 budget for energy costs to reflect the
increased cost.
Discussion on this item resumed later in the meeting at which time Councilmember Benanav directed a
question to Peter Hames, Director of Technology and Management Services, saying that the energy
costs for the City are about $1.3 million over what was budgeted for 2001 and he asked what impact that
will have on operation of other City services. Mr. Hames said when a shortage is experienced in the
operations budget, the Administration first looks to the department that is responsible to make up the
shortage. That is especially the case in the special funds, department that are fund by the non - general
fund where they are expected to operate as a self - sustaining business. If a general fund department
exhausts all of their budgeted resources, they then look to the use of fund balance as a source of
payment. Typically, revenues are received during the course of the year which may be in excess of the
amount which was budgeted and those excess revenues go into the fund balance and that would be a
first source looked at to pay as they try to protect the amount of fund balance that was budgeted.
Councilmember Benanav asked if there was any plan at this time to reduce City services in any
department. Mr. Hames responded that there is no expectation that the estimate that was provided to the
Council would cause a negative impact on any service level in any City department.
Steve Schmidt and Steve Koskey, Excel Energy, appeared and provided an update regarding the recent
power outages in Saint Paul.
32. Resolution - 01 -745 - Concerning adverse action against the Cigarette /Tobacco License held by Ale
Room, Inc., dba The Buttery, 395 Robert Street North. (Public hearing held and laid over from July 25)
Councilmember Lantry moved to lay over one week as she wants to make sure everyone understands the
discussion that took place the previous week. She said it was not about making tobacco access easier for
youth and they do not want to send that message. In the interim week, she said she would like to see that
there be a non -issue to deal with and that there is compliance.
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162504\Approved ... 12/15/2010
Page 6 of 16
Laid over to August 8 Yeas - 6 Nays - 0 (Coleman was not present for vote)
33. Resolution - 01 -530 - Changing the minimum qualifications of the titles /classes "Sewer Supervisor
11" and "Sewer Supervisor III." (Laid over from July 25)
(Coleman returned)
Councilmember Lantry moved to lay over three weeks at the request of the Office of Human Services.
Laid over to August 22 Yeas - 7 Nays - 0
34. Resolution - 01 -758 - Concerning adverse action against the Firearms License held by Edwin
Timmers, Jr., dba East Side Gun Shop, 935 Arcade Street. (Public hearing held and laid over from July
25)
Council President Bostrom presented a substitute resolution and explained the penalty and conditions
that were imposed.
Councilmember Coleman asked if the guns are off the premises at this time. Gregory Pennella, attorney
for Mr. Timmers, responded that the handguns are secured in a safe after hours.
An additional condition was added that during the period of bringing the shop into compliance, the
inventory will be kept secured.
Councilmember Coleman moved approval as amended.
Substitute amended and adopted Yeas - 7 Nays - 0
35. Consideration of the report of the Administrative Law Judge concerning the Sign Contractor's
License held by Delite Outdoor Advertising, Inc., dba Delite Outdoor Advertising, Inc. (Public hearing
held and laid over from July 25)
Councilmember Benanav moved to adopt the amended Findings of Fact and Conclusions submitted by
the Office of License, Inspections and Environmental Protection and determined that Delite Advertising,
by failing to comply with orders to remove the sign at I -94 and by failing to obtain a permit to repair the
sign at Pierce Butler Route, has violated code provisions and adverse action against its business license
is appropriate. Adverse action shall consist of suspension of business license until the sign at I -94 is
taken down and building permit fees are paid for repair of the Pierce Butler sign.
Adopted Yeas - 6 Nays - 1 (Reiter)
36. Update from Chief William Finney, Police Department, regarding the incident that occurred
downtown as part of the Rondo Days Celebration. (Requested by Council on July 25)
Police Chief William Finney said one of the main attractions of the Rondo Days Celebration is the drill
team. The drill team competition was moved to Roy Wilkins Auditorium from the Summit - University
area a few years ago. Chief Finney said he received a call from the Watch Commander informing him
that when the competition event ended, approximately 5,000 young people entered the streets and some
fights erupted between the young people. Approximately 200 -300 kids walked down the middle of Fifth
Street. In the area of Sixth and Cedar Streets people were asked to leave the streets. The majority of
them complied and police officers broke up some of the fights that were taking place.
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162504\Approved ... 12/15/2010
Page 7 of 16
Chief Finney talked about some recent events noting that the St. Paul Police Department engaged in a
conciliatory agreement between the NAACP, members of the African American Community in
particular, the Police Federation, etc. In spite of reaching an agreement, there are subtle effects that
happen to communities and to individuals who work for the St. Paul Police Department. There are
officers on the Police Department who are uncertain about what their responsibility and what their level
of response should be as a result of the agreement. For some of those individuals, they felt that the best
way to respond would be to just not get involved in anything that may be racially motivated or to be
very circumspect when dealing with people of color and particularly African Americans. Chief Finney
said he has a rule and he has to constantly remind officers that they have three primary responsibilities:
1) to keep the peace, 2) to maintain the public safety, and 3) to enforce the law. Those three things are
the primary focus of their responsibility and why the citizens of St. Paul pay them to be there. There are
other ancillary responsibilities and duties that come up but those three primary responsibilities are
something that every St. Paul Police Officer will do. The citizens expect it and the Chief of Police insists
that they do it. The color of the person does not matter, the Chief said. What does matter is that they are
treated respectfully, professionally, and expeditiously. When in the enforcement role, police officers
need to know that their administration will provide three things for them also: 1) that they are trained
well, 2) that they are equipped well, and 3) that they are supported when they go about the dangerous
job that they do.
Returning to the Rondo incident, Chief Finney said when he received the call from the Watch
Commander he asked if the police injured anyone. He received a report from Senior Commander Lisa
McGinn that she had polled her commanders who were on the scene as well as the sergeants and
supervisors and, yes, they had arrested three and maybe a fourth person. Force was used on two of the
individuals and one individual was sent to the hospital because of the use of aerosol restraint (mace)
sprayed on that individual.
Chief Finney said he listened to the verbal reports and at the time he had not seen detailed reports but
most of what he does in terms of decisions he makes come across after hours, on weekends, and as a
result of what he interprets as being said to him about the circumstances by commanders. A police chief
is a poor police chief if the chief does not understand what the level of integrity is in the organization
with the commanders and the officers, Finney said. He further stated that he knows what to expect in
terms of integrity from his officers. There are always exceptions, he said; those individuals who need to
be refocused or disciplined but, he feels the integrity level of the St. Paul Police Department is very
high.
Chief Finney pointed out that there were approximately 5000 young people, most of them under the age
of 20, unsupervised, who came from an exciting experience in the evening, all at the same time. Only
200 -300 of them were on the street and out of that number there were very few who got in conflicts with
the police. Many of them were actually happy to see the police there. And, only three were arrested and
only one is being complained about with regard to excessive force. Hearing that and prior to reading the
reports, Chief Finney said to him that is a reasonable use of force. He said he was proud of what the
officers did in keeping a disturbance under control, he was proud that more people were not arrested,
and he was proud that no one went to the hospital as a result of injury.
An investigation is underway and it is almost complete. It is part of the Chief's review of the
circumstances and reading the reports. He said he has come across pictures of the scene that evening on
both Fifth and Wabasha Streets and Sixth and Wabasha Streets. The pictures were not taken by a St.
Police photographer but by a photographer with no affiliation with the Police Department. The arrest
was captured in the photos and he said he saw nothing in the pictures to be ashamed of with the police
performance.
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162504\Approved ... 12/15/2010
Page 8 of 16
If he finds evidence along the way that shows that an officer or officers were out of line, Chief Finney
said he will discipline them.
Councilmember Blakey asked the Chief if he felt there should be different standards in place for this
celebration and the number of young people involved. Chief Finney said there is a better way of doing it
and he feels adults "dropped the ball" on this one. He acknowledged that it could have been planned
better. In past years busses were at the doors to transport kids home which was not the case this year. He
said discussion will take place to make improvements.
37. Update from the Department of Public Works on the implementation of the newsrack ordinance.
(Requested by Council on July 25)
Tom Kuhfeld, Department of Public Works Right -of -Way Division, provided an update. He noted that
the newsrack ordinance went into effect in June, 2001. He indicated he was disappointed that the news
vendors have not done more to comply with the ordinance. They are just beginning to get started with
some of the general requirements. There are two areas of the ordinance to be addressed: the general
requirements and the specific requirements. The general requirements are the master list, the
corresponding number on the box, hold harmless clause (no one has submitted anything holding the City
harmless which is required by the ordinance), certification that they have looked at it, understand it, and
will comply with it (no one has sent that in either). There is to be a sticker on the box with a phone
number so people can call directly with complaints. Also, the use of attachment devices which don't
damage the property they are attached to.
Mr. Kuhfeld said they are now in the process of developing an approach for implementing the ordinance
and getting compliance which he will review with Tom Eggum, Director of Public Works, the City
Attorney to insure they are legal, and with Councilmember Coleman, the original author of the
ordinance.
There is a long list of specifics in the ordinance, it establishes a process of tagging and they will deal
with individual complaints as they come up. Mark Anthonsen, attorney for the Minnesota Newspaper
Association, has agreed to be a clearinghouse for complaints and complaints have been forwarded to
him.
Councilmember Harris distributed pictures of newsracks that were recently taken by his Legislative Aid
showing that they are not in compliance with the ordinance. He questioned when the City was going to
start seeing compliance. Mr. Kuhfeld responded that this is a long -term issue and they may never see a
time when everything is in compliance because it's a continually changing situation not only at the
hands of the vendors but at the hands of the public. He said he did not feel they could have a date certain
when they would send out trucks to pick up newsracks as he prefers not to have a published strategy.
Councilmember Harris emphasized that it is time something be done to enforce the ordinance.
An additional update was requested by the City Council on September 5, 2001.
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY CO UNCIL. IT IS READ AT FO UR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER
fileJ /C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_162504\Approved ... 12/15/2010
Page 9 of 16
38. Final Reading - 01 -348 - An ordinance amending Saint Paul Legislative Code Chapter 376 to
eliminate the controls on the number of taxicab vehicle licenses and establishing additional requirements
for new vehicle taxicab licenses. (Substitute introduced on April 25; laid over from May 2)
Councilmember Blakey stated he brought in a substitute ordinance.
Dave Lobejko, Office of License, Inspections and Environmental Protection (LISP), noted that the
substitute ordinance involves major changes. In addition to removing the cap on the number of licenses,
it is also based on Councilmember concerns, Business Review Council concerns, and Taxicab Industry
concerns. If there are going to be controls on the number of licenses, then the same should also be done
on the fares, Lobejko said. Since this is a major substitute, LIEP suggested the ordinance be withdrawn
and resubmitted in order for the public to be able to comment on it.
Eleni Skevas, Assistant City Attorney, concurred with staff recommendations. She noted that a public
hearing was held on the ordinance as it is presently drafted but there are substantial changes in the new
one that should be submitted for public comment.
Council President Bostrom suggested the ordinance be laid over for 90 days and in the meantime Mr.
Blakey would submit a new ordinance
Councilmember Blakey moved to lay over to November 7.
Laid over to November 7 Yeas - 7 Nays - 0
Suspension Item
Councilmember Blakey moved suspension of the rules and first reading of the following ordinance:
First Reading - 01 -799 - An ordinance amending the Saint Paul Legislative Code Chapter 376 to
eliminate the controls on the number of taxicab vehicle licenses, the fares taxicab companies may charge
and establishing additional requirements for new vehicle taxicab licenses.
Laid over to August 8 for second reading Yeas - 7 Nays - 0
39. Final Adoption - 01 -400 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code
reclassifying taxicab vehicle as a Class R license instead of a Class N license. (Laid over from May 9)
Dave Lobejko, Office of LISP, noted this ordinance is a companion to Item 38 and requested it also be
laid over 90 days.
Councilmember Blakey moved to lay over to November 7.
Laid over to November 7 Yeas - 7 Nays - 0
40. Final Adoption - 01 -723 - Establishing the position titled Administrative Manager -Fire & Safety
Services Department as specified by Chapter 12 of the City Charter, Section 12.03.2(H).
Councilmember Lantry moved approval.
Adopted Yeas - 7 Nays - 0
41. Third Reading - 01 -739 - An ordinance finalizing City Council action granting the application of
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162504\Approved ... 12/15/2010
Page 10 of 16
W.R. Herman to rezone property at 1812 Portland Avenue from RT -1 (two family residential district) to
RT -2 (townhouse residential district) to allow conversion of a duplex to a triplex. (Public Hearing held
June 27)
Laid over to August 8 for final adoption
42. Second Reading - 01 -757 - An ordinance finalizing City Council action granting the application of
New York Bingo Palace, LLC to rezone property from P -1 to B -3 to expand the existing building on the
lot and to rezone from RT -2 to P -1 to provide parking for a new restaurant and bingo facility at 626 and
608 York Street. (Public hearing held June 27)
Laid over to August 8 for third reading
Suspension Items
Council President Bostrom presented the following resolution under suspension:
Resolution 01 -800 - Approving the proposed new polling locations for the 2001 Saint Paul Primary and
General Elections.
Several Councilmembers requested changes to the resolution and it was agreed to lay it over in order for
the City Clerk to review the requested changes
Councilmember Blakey moved to lay over one week.
Laid over to August 8 Yeas - 7 Nays - 0
The Council requested that the Administration provide an update at the August 8 Council Meeting as to
how they are keeping neighbors informed regarding the Minnesota Brewing /Gopher State Ethanol
issues.
Reconsidered Item
Councilmember Coleman moved to reconsider the following item which was adopted as amended on
July 25, 2001. He moved to refer 327 East Winifred Street to a Legislative Hearing.
Resolution Ratifying Assessment - 01 -764 - In the matter of summary abatements (property clean -up) in
April and May, 2001 (JO 104A); demolition of buildings in April and May, 2001 (JO 103C); boarding -up
vacant buildings in March and April, 2001 (JO 103B); and towing abandoned vehicles from private
property in January, 2001 (J0104V). (Legislative Hearing Officer recommends approval of the
assessments, with the exception of the following:
916 Minnehaha Avenue East Q0104V) - reduce the assessment to $500 plus the $45 service fee for a
total assessment of $545.
597 Blair Avenue Q0104A) - delete the assessment.
1660 Dayton Avenue (J0104A) - delete the assessment
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162504\Approved ... 12/15/2010
Page 11 of 16
122 Lyton Place (J0104V) - delete the assessment.
515 Nevada Avenue East Q0104A) - reduce the assessment to $250 plus the $45 service fee for a total
assessment of $295.
1744 Carroll Avenue (J0104A) - delete the assessment.
1075 Portland Avenue (JO 104A) - lay over to the July 24, 2001, Legislative Hearing and the August 1,
2001, City Council Meeting)
330 Toronto Street (J0104A) - delete the assessment.
381 University Avenue West Q0103C) - referred to the August 7, 2001, Legislative Hearing and the
August 22, 2001, City Council Meeting.
387 University Avenue West Q0103C) - referred to the August 7, 2001, Legislative Hearing and the
August 22, 2001, City Council Meeting.
718 Thomas Avenue Q0104A) - approve the assessment.
Reconsidered (adopted on July 25), amended and adopted
Yeas - 7 Nays - 0
(Referred 327 Winifred Street East (J0104A) to a Legislative Hearing)
The meeting was recessed from 5:05 p.m. to 5:35 p.m.
Roll Call: Present - 7 Nays - 0
PUBLIC HEARINGS
(Items 450 through 57 were considered first)
50. Resolution Ratifying Assessment - 01 -792 - In the matter of the assessment of benefits, cost and
expenses for the installation of a traffic control signal system at the intersection of Dale Street and
Topping Street. (File 418948)
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
51. Resolution - 01 -793 - Approving the amendment of the Tax Increment Financing Plan for Tax
Increment Financing District No. 1 (North Quadrant)
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
52. Resolution - 01 -794 - Granting the petition of Rosann Hebert to vacate part of the Alley in Block 12,
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162504\Approved ... 12/15/2010
Page 12 of 16
Hayden Heights Addition in order for the petitioner to have a larger back yard.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
53. Resolution - 01 -795 - Granting a sound level variance to Steve and Maureen Mariano, owners of
Schwietz Saloon, 952 Payne Avenue, to allow live music during the Harvest Festival 2001 on
September 13 -15, 2001, from 8:30 p.m. to 12:30 a.m.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
54. Resolution - 01 -796 - Granting a sound level variance to Holly Crouse, representing the West End
Business Revitalization Corporation, to allow live outdoor music on the parking lot located by the
Armstrong Quinlan House, across from the Excel Energy Arena, from 5:00 p.m. to 10:00 p.m. on
August 17, 2001, and from 12:00 noon to 10:00 p.m. on August 18, 2001, during the Capital City Days
Festival.
No one appeared in opposition; Councilmember Coleman moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
55. Resolution - 01 -797 - Establishing No Parking 8AM -8PM Monday- Friday, Except by Permit, Area
22, on the east side of Cretin Avenue between Lincoln, Goodrich, Fairmount, and Princeton Avenues.
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
56. Resolution - 01 -798 - Approving establishment of the Phalen Village Tax Increment Financing
District, adoption of a Tax Increment Financing Plan, and modification of the Redevelopment Plan for
the Saint Paul Neighborhood Redevelopment Project.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
57. Public hearing to consider the application of ALCORN, Inc., to rezone property from B -2 to B -3 to
allow for the construction of an auto repair station at 1581 Ford Parkway between Snelling and
Macalester Avenues.
Councilmember Harris said he planned to lay this matter over for two weeks as there were issues with
setback requirements as well as other issues he would like to discuss further.
Ron Alcorn, property owner, appeared. He indicated he did not realize until this date that there was any
problem with the rezoning as it was his understanding it had gone through with no opposition. In order
to get the project done, it has to be rezoned and he's on a time restraint to get the project moving.
No one appeared in opposition; Councilmember Harris moved to close the public hearing and lay over
two weeks.
Laid over to August 15 Yeas - 7 Nays - 0
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162504\Approved ... 12/15/2010
Page 13 of 16
43. Resolution - 01 -760 - Ordering the owner to remove or repair the property at 790 Selby Avenue
within 15 days from adoption of resolution. (Legislative Hearing Officer recommends granting the
owner six months to complete rehabilitation of the property provided the owner applies for a code
compliance inspection by noon on July 25, 2001.) (Laid over from July 25)
Councilmember Blakey moved to lay over two weeks.
Laid over to August 15 Yeas - 7 Nays - 0
44. Resolution - 01 -786 - Ordering the owner to remove or repair the building at 1183 Arkwright Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting
the owner 90 days to complete rehabilitation of the property provided the vacant building fee is paid by
noon on August 6, 2001).
Gerry Strathman, Legislative Hearing Officer, reported that a Legislative Hearing was held on July 24,
2001, at which time testimony was given by City staff, primarily Code Enforcement officials, and also
by the owner, Mr. Drouin. The building is officially a vacant building and has been vacant according to
City records since May of 2000. Commander Morehead, Property Code Enforcement, testified at the
hearing and indicated that they consider it to be a trash house, and that there have been continuing
problems with respect to the owners being uncooperative. It was his request that the building be
removed immediately. Failing that, he requested that the City at least require the owner to immediately
empty the house, post a bond, and pay the vacant building fee. Mr. Drouin testified at the hearing that he
considered the request of Code Enforcement to be unreasonable and perhaps vindictive. He also testified
that he entered into an agreement with the adjoining property owner, Marathon Oil, to purchase his
property and that it was their intent that once they got possession of it, they would either demolish or
remove the property. Mr. Strathman said he has seen a copy of the purchase agreement and Mr. Drouin
testified that the transfer of ownership is scheduled to occur 180 days after it was entered into which
would be late September of this year. He asked that the City not take any action against his property but
allow the closing to take place so he can get full value for his property.
Mr. Strathman said after hearing testimony from both sides, he was very concerned about the condition
of this property and the blighting effect it has on the neighborhood. Commander Morehead also testified
that there may be some health hazards as well related to animals being kept in the vacant building. Mr.
Strathman recommended that the resolution be amended for repair or removal in 90 days rather than 15
days. That way, the decision would be made that the building has to be removed but it would allow time
for the proposed transaction to close. Code inspectors indicated that while they weren't necessarily
happy with that recommendation, at the very least they wanted the vacant building fee paid.
Mr. Drouin indicated at the hearing that he did not have the financial resources to pay the vacant
building fee until August 6 which Mr. Strathman agreed to. Mr. Strathman felt the best thing to do then
would be to lay the resolution over one week to see if the vacant building fee is paid.
Mr. Strathman distributed photographs of the property taken in May, 2001, and said Mr. Drouin has
indicated that he has cleaned up the property since that time.
Mr. Drouin appeared and said he would like to have a firm schedule. In the purchase agreement, zoning
change is one of the requirements that Marathon Oil stipulated before they can close and it is presently
in the works with the Zoning Committee. He presented a copy of the purchase agreement which was
signed on April 25, 2001, indicating the obligation to complete the transaction no more than 180 days
from that date. Mr. Drouin said he is obligated to vacate no more than 90 days after the closing date;
however, a closing date has not yet been determined. He asked the Council to allow an extension of time
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162504\Approved ... 12/15/2010
Page 14 of 16
to cover the vacate period as well as the closing date. It will be no later than December 21, 2001, but as
soon as he gets a close date things will move a lot faster.
The City Council requested the Property Code Enforcement Office to reinspect the property and provide
a report for the August 8th City Council meeting.
Councilmember Reiter moved to close the public hearing and lay over one week.
Laid over to August 8 Yeas - 7 Nays - 0
45. Resolution - 01 -787 - Ordering the owner to remove or repair the building at 1003 Hudson Road
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Gerry Strathman, Legislative Hearing Officer, reported that a Legislative Hearing was held and no
interested party appeared. Therefore, he recommended approval.
David Larson, the son of the property owner, and Mr. Larson's nephew appeared. Mr. Strathman
interjected that Mr. Larson has no interest in the property and, as far as he knew, had no authority to act
on behalf of the owner. The nephew said that the property owner is in ill health and has been staying
with relatives but requested if the property must be demolished, that they be given time to remove the
household items.
Councilmember Lantry noted that the home has been vacant since 1997 and she felt there has been
ample time to remove the belongings.
Councilmember Lantry moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
46. Resolution Ratifying Assessment - 01 -788 - In the matter of demolition of the building at 1317
Arkwright Street (JO 102CC); and summary abatement (snow and /or ice removal) from property at 1016
Beech Avenue (JO1 SNOW2). (Laid over from June 27) (Legislative Hearing Officer recommends
approving the assessment for 1317 Arkwright Street and deleting the assessment for 1016 Beech
Avenue)
Gerry Strathman, Legislative Hearing Officer, stated that no one appeared at the Legislative Hearing
regarding 1317 Arkwright. Testimony was received regarding 1016 Beech and questions were raised as
to whether notification was sent regarding the snow removal. Mr. Strathman said he looked at the
photographs and the snow removal was minimal, at best.
No one appeared in opposition; Councilmember Lantry moved to close the public hearing and approval.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
47. Resolution Ratifying Assessment - 01 -789 - In the matter of summary abatement (property cleanup)
at 1075 Portland Avenue. (Legislative Hearing Officer recommends laying over to the August 7
Legislative Hearing and the August 22 City Council meeting) (Laid over from July 25)
No one appeared in opposition; Councilmember Blakey moved to lay over the resolution three weeks.
Laid over to August 22 Yeas - 7 Nays - 0
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162504\Approved ... 12/15/2010
Page 15 of 16
48. Resolution Ratifying Assessment - 01 -790 - In the matter of the assessment of benefits, cost and
expenses for the Public Works sewer repair program for sanitary and /or storm sewer connections as
requested by property owners. (File 4SWRREPAIR)
Peter White, Real Estate Division, said it was his understanding that the Public Works Department will,
based on a petition and request from a property owner, pay for the cost of a sewer connection line from
the house to the street and the property owner agrees to be assessed for the cost of doing that work.
Typically, there is an application that is signed by the property owner asking for the work to be done and
for it to be assessed as a financing mechanism for the work. Mr. White recommended approval of the
order.
Corky Olson, owner of the property at 774 West Minnehaha Avenue, appeared. He questioned at what
point it becomes his problem to have the sewer repaired since the problem is in the street. He requested
to see written documentation to that effect. He said he called the City to let them know there was a sink
hole in front of his house by the manhole cover. The work was done from the boulevard to the street and
nothing was done on his property. He assumed it was up to him to repair this at his expense and that his
hands were tied and he was obligated to sign the document in order to get the work done in a timely
fashion. He questioned whether it actually was his responsibility to pay an assessment for this work.
Councilmember Lantry explained that if the sewer from his house was disconnected, that portion is the
homeowner's responsibility. Anything down the middle of the street is the responsibility of the City. He
further questioned who determines if it fell off from the main sewer or on his end.
Peter White said Ms. Lantry's explanation was correct. The connection for sewer, water, etc., is the
responsibility of the property owner from the connection with the pipe in the street to their home. If
there was a break in the pipe or it fell off the connection pipe from the home to the sewer, that is the
responsibility of the property owner. He said he did not know specifically what happened in this case.
The assessment against this property is about $4,500.00 and the property owner has the ability to pay it
back over a period of ten years.
Mr. White said if this had been a problem with the sewer, there would have been a number of people
with a problem as opposed to only one property. He said he would have someone contact Mr. Olson to
discuss this matter further.
Gerry Strathman pointed out that in order to participate in this program the property owner signs a
statement that they will not contest the assessment.
Councilmember Lantry moved to close the public hearing. Yeas - 7 Nays - 0
Councilmember Coleman moved to approve the resolution.
Adopted Yeas - 7 Nays - 0
49. Resolution Ratifying Assessment - 01 -791 - In the matter of 2001 replacement of lead water service
connections as requested by property owners. (File 401LDSCRPL)
Dan Wagner, property owner of 1021 Hatch Avenue, appeared and asked that the connection change be
made as soon as possible because of a health problem with his child. Peter White, Real Estate Division,
said he would have a staff person from Water Utility call Mr. Wagner about the time line.
Councilmember Reiter moved to close the public hearing and approval.
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162504\Approved ... 12/15/2010
Page 16 of 16
Adopted Yeas - 7 Nays - 0
Councilmember Blakey moved to adjourn the meeting. Yeas - 7 Nays - 0
ADJOURNED AT 6:25 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson August 15, 2001
Assistant Council Secretary
mce
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_162504\Approved ... 12/15/2010