Minutes 1-24-2001Page 1 of 9
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, January 24, 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
• Reconsidered Items
• Suspension Items
Present - 6 - Benanav, Blakey, Bostrom, Harris, Lantry, Reiter
Absent - 1 - Coleman (arrived after the consent agenda)
CONSENT AGENDA (Items I - 26)
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
The following communications were read into the record:
Letter from the Department of Planning and Economic Development announcing a public hearing before
the City Council on February 7, 2001, 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.
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Letter from the Department of Planning and Economic Development announcing a public hearing before
the City Council on February 7, 2001, 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.
1. Claims of Robert Averbeck, Kristin Bothun, Anthony and Michelle Cobenais, Terry Glanz, Earl
Griffen, Thany Her, Setty Magana, Jason Thuringer, and Enhong Yuan.
Referred to the Employee /Risk Management Division
2. Summons and Complaint in the matter of DeLite Outdoor Advertising, Inc. vs. the City of Saint Paul.
Referred to the City Attorney's Office
3. Notice of Filing Award of Commissioners in the matter of the Housing and Redevelopment Authority
of the City of Saint Paul vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
4. Amended Notice of Hearing to Approve Petition in Condemnation and Motion for Transfer of Title
and Possession in the matter of the Port Authority of the City of Saint Paul vs. 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 February 7, 2001, 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.
6. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on February 7, 2001, 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.
7. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on February 28, 2001, to consider the application for a sound level
variance from Tim Weiss, President, Mog -Ali, Inc., dba Gabe's By The Park, 991 Lexington Parkway
North, to allow live bands and amplified music in an outdoor tent on March 16, 2001, from 5:00 p.m. to
midnight; March 17, 2001, from 1:00 p.m. to midnight; and October 26 and 27, 2001, from 5:00 p.m. to
midnight.
8. Letters from the Citizen Service Office /Property Code Enforcement declaring 981 Euclid Street and
2257 Hillside Avenue as nuisance properties and setting date of Legislative Hearings for February 6,
2001, and City Council Hearings for February 28, 2001.
9. Administrative Orders:
D001964 Amending the spending and financing plans of the 1997 and 2000 Sidewalk Construction
projects in the Department of Public Works.
D001965 Reallocating budget from the STAR -PED Program for Neighbor- hood Projects to Fasika, Inc.
D001966 Authorizing the Police Department to purchase catering service, not to exceed $500.00, from
Canadian Honker Hospitality Services, Rochester, MN, for training for local prosecutors and officers in
the Rochester area pertaining to the exploitation of children and child pornography via the Internet.
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D001967 Authorizing the Department of Fire and Safety Services to pay for all costs to hold a teacher
training workshop for Risk Watch injury - prevention curriculum.
Noted as on file in the City Clerk's Office
FOR ACTION
10. Resolution - 01 -37 - Approving the Memorandum of Agreement between the City of Saint Paul and
the Saint Paul Police Federation, Fire Fighters Local 421, and Saint Paul Fire Supervisory Association to
mutually amend the 2000 -2001 Collective Bargaining Agreement language regarding Flexible Spending
Account (FSA) service fees. (Laid over from January 17 for adoption)
Laid over to February 14 Yeas - 6 Nays - 0
11. Resolution - 01 -51 - Ratifying the Joint Powers Agreement (JPA) establishing the Rush Line
Corridor Task Force between the City of Saint Paul, the Ramsey County Regional Rail Authority, and
other government units abutting the Rush Line Corridor.
Adopted Yeas - 6 Nays - 0
12. Resolution - 01 -52 - Amending the Salary Plan and Rates of Compensation for the class of "Social
Worker."
Adopted Yeas - 6 Nays - 0
13. Resolution - 01 -53 - Accepting conveyance of Lot 3, Block 2 in Phalen Village (District 2), less the
easterly 275 feet, from the Housing and Redevelopment Authority for open space purposes.
Adopted Yeas - 6 Nays - 0
14. Resolution - 01 -54 - Accepting additional funding commitment from the Como Zoo and
Conservatory Society for the Como Park Education Resource Center - Phase I.
Adopted Yeas - 6 Nays - 0
15. Resolution - 01 -55 - Recommending adverse action against the Sanitary Disposal Vehicle License
held by Browning - Ferris Industries, dba Pine Bend Landfill, Inc.
Adopted Yeas - 6 Nays - 0
16. Resolution - 01 -56 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property at 1120 Grand Avenue, 1706 Hillcrest Avenue, 1637 East Fourth
Street, and 1223 Selby Avenue.
Adopted Yeas - 6 Nays - 0
17. Resolution - 01 -57 - Holding Ramsey County and the City of Roseville harmless for the City's use of
McCarron's Lake for the 2001 Winter Carnival Softball on Ice Tournament to be held on February 3 and
4, 2001.
Adopted Yeas - 6 Nays - 0
18. Preliminary Order - 01 -58 - In the matter of construction of a bituminous driveway on private
property at 1039 California Avenue West, and setting date of public hearing for February 7, 2001. (File
#18885 -D)
Adopted Yeas - 6 Nays - 0
19. Preliminary Order - 01 -59 - In the matter of improving Kennard Street from Case Avenue to
LaCrosse Avenue, and setting date of public hearing for Febrttttry March 7, 2001. (File 418929K)
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Adopted as amended Yeas - 6 Nays - 0
20. Preliminary Order - 01 -60 - In the matter of improving Cathlin Street from Como Avenue South to
the cul -de -sac, and setting date of public hearing for February 7, 2001. (File 418930A)
Adopted Yeas - 6 Nays - 0
21. Resolution Approving Reassessment - 01 -61 - In the matter of a storm sewer connection at 1096
Grand Avenue in conjunction with improving Lexington Parkway, and setting date of public hearing for
March 28, 2001.
Adopted Yeas - 6 Nays - 0
22. Resolution Approving Assessment - 01 -62 - In the matter of the alley paving project between Page
and Morton Streets, and setting date of public hearing for March 28, 2001. (File 18848)
Adopted Yeas - 6 Nays - 0
23. Resolution Approving Assessment - 01 -63 - In the matter alley paving in Military Addition from
Morton Street to approximately 90 feet north of Morton Street (bounded by Ottawa, Baker, Smith and
Morton), and setting date of public hearing for March 28, 2001. (File 418851)
Adopted Yeas - 6 Nays - 0
24. Resolution Approving Assessment - 01 -64 - In the matter of alley paving in Block 9, Summit
Avenue (bounded by Saratoga, Portland, Pascal, and Summit), and setting date of public hearing for
March 28, 2001. (File 418849)
Adopted Yeas - 6 Nays - 0
25. Resolution Approving Assessment - 01 -65 - In the matter of alley paving in the Riverside Addition
Block 2 (bounded by Bay, Otto, Butternut and Stewart), and setting date of public hearing for March 28,
2001. (File 418857)
Adopted Yeas - 6 Nays - 0
26. Resolution Approving Assessment - 01 -66 - In the matter of installation of a lantern style street
lighting system on Selby avenue from Fairview Avenue to approximately 234 feet east of Fry Street, and
setting date of public hearing for March 7, 2001. (File 418876)
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
27. Resolution - 01 -67 - Accepting the Council Research Performance Audit of the City of Saint Paul's
Citizen Service Office.
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
28. Report from the Planning Commission on Council File 00 -1066 regarding the Thomas /Dale District
7 Special District Sign Plan.
A report was presented by Larry Soderholm, Department of Planning and Economic
Development.
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
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THE COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
29. 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. (Laid over from December 13)
Amended and laid over to February 7 for final adoption Yeas - 7 Nays - 0
30. Second Reading - 01 -49 - An ordinance amending Chapter 66.216 of the Saint Paul Legislative
Code pertaining to special sign district sign plans creating a new special sign district ordinance for the
downtown area to be known as the Downtown Area Special District Sign Plan.
Laid over to March 28 for third reading /public hearing
(The ordinance was referred to the Planning Commission for study and a report on this proposed
amendment to the Zoning Code)
31. First 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)
Laid over to February 7 for second reading
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
32. Third Reading - 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.
Laid over to February 7 for final adoption
33. Third Reading - 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 to February 7 for final adoption
Yeas - 7 Nays - 0
34. Third Reading - 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.
Laid over to February 7 for final adoption
35. Resolution - 00 -904 - Approving the vacation of parts of John Street and an alley for construction of
the new Law Enforcement Center. (Vacation File 41 -2000) (Laid over from December 6)
Laid over to February 21 Yeas - 6 Nays -1 (Blakey)
36. Resolution - 01 -69 - Concerning adverse action against the 3.2 Off Sale Malt License held by RCH,
Inc., dba Citgo Quik Mart, 1205 Homer Street.
Adopted as amended Yeas - 7 Nays - 0
37. Resolution - 01 -70 - Recommending revocation of the provisional taxicab driver's license held by
Robert Clark.
Adopted Yeas - 7 Nays - 0
38. Resolution - 01 -71 - Recommending revocation of the provisional taxicab driver's license held by
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Daniel Dixon.
Adopted Yeas - 7 Nays - 0
39. Resolution - 01 -72 - Recommending revocation of the provisional taxicab driver's license held by
Andrew Dunbar.
Adopted Yeas - 7 Nays - 0
40. Resolution - 01 -73 - Recommending revocation of the provisional taxicab driver's license held by
Muhyadin Haaji.
Laid over to March 7 Yeas - 7 Nays - 0
41. Resolution - 01 -74 - Recommending revocation of the provisional taxicab driver's license held by
Juan Herrara.
Adopted Yeas - 7 Nays - 0
42. Resolution - 01 -75 - Recommending revocation of the provisional taxicab driver's license held by
Thomas Koenig.
Adopted Yeas - 7 Nays - 0
43. Resolution - 01 -76 - Recommending revocation of the taxicab driver's license held by James Lee
White.
Adopted Yeas - 7 Nays - 0
44. Report of the Administrative Law Judge in the matter of the Recycling Processing Center License
Application of Glen E. Berhow, dba G.B. Core, Inc., 500 Bush Street.
Motion of Intent - License Application Denied
Yeas - 6 Nays - 1 (Coleman)
45. Resolution - 00 -1191 - Ordering the owner to remove or repair the building at 45 Winona Street
West within fifteen (15) days from adoption of resolution. (Laid over from December 20) (Legislative
Hearing Officer recommends granting the owner six months to rehabilitate the building)
Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0
46. Resolution - 01 -77 - Ordering the owner to remove or repair the building at 1205 Edgerton Street
within fifteen (15) days from adoption of resolution.
(Legislative Hearing Officer recommends granting the owner six months to complete
rehabilitation provided the following is completed by noon on January 24, 2001: 1) vacant
building fee is paid; 2) a code compliance inspection is completed; and 3) a $2,000 bond is posted)
Adopted (remove or repair the building within 15 days) Yeas- 7 Nays - 0
47. Resolution - 01 -78 - Ordering the owner to remove or repair the building at 721 Payne Avenue
within five (5) days from adoption of resolution.
(Legislative Hearing Officer recommends approval)
Adopted Yeas - 7 Nays - 0
48. Resolution - 01 -79 - Ordering the owner to remove or repair the building at 495 Sherburne Avenue
within five (5) days from adoption of resolution.
(Legislative Hearing Officer recommends approval)
Adopted Yeas - 7 Nays - 0
49. Appeal of Armando Corrales to a Summary Abatement Order for property at 1020 Jessamine
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Avenue East. (Legislative Hearing Officer recommends denial)
Appeal denied Yeas - 7 Nays - 0
50. Appeal of Mary Thomas to a Summary Abatement Order for property at 1148 Minnehaha Avenue.
(Legislative Hearing Officer recommends denial)
Appeal denied Yeas - 7 Nays - 0
51. Resolution - 01 -80 - Approving the petition of Pamela and John Boardman to vacate part of the alley
in Block 5, Norwood Addition, near I -35E, Michigan Street and Oneida Street so the adjoining land
would make in one continuous parcel. (File No. 1 -1999)
Adopted Yeas - 7 Nays - 0
52. 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 to February 7 Yeas - 7 Nays - 0
53. 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 December 20, 2000)
Laid over to February 7 Yeas - 7 Nays - 0
54. Final Order - 01 -82 - In the matter of the condemnation and taking certain properties in the Trout
Brook Area for public purposes. (File No. 18913)
Adopted Yeas - 7 Nays - 0
55. 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 3) (Legislative Hearing
Officer recommends approval)
(This resolution was originally laid over to the February 7 City Council meeting but on January 16 the
Legislative Hearing Officer recommended consideration at the January 24 meeting.)
Laid over to February 7 Yeas - 7 Nays - 0
Reconsidered Items:
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 on January 17, 2001; reconsidered and laid over to February 7 for a public hearing. Yeas
- 7 Nays - 0
Resolution - 01 -46 - Suspending the Grocery (C) and Cigarette /Tobacco Licenses held by Abuhejleh
Assim, dba Kormann's Supermarket, 719 Burr Street, for failure to pay delinquent taxes to the State of
Minnesota.
Adopted on January 17, 2001; reconsidered and amended
Yeas - 7 Nays - 0
Suspension Items:
Resolution - 01 -83 - Releasing, on behalf of Northern States Power Company and Saint Paul Regional
Water Services, permanent utility easements that were retained when parts of Seventh Street east of
Sibley Street and south of Eighth Street were vacated on October 25, 2000.
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Adopted Yeas - 7 Nays - 0
Resolution - 01 -84 - Amending Council File 01 -12, adopted January 3, 2001, to give the interested
parties additional time to obtain title to the property located at 783 Fuller Avenue.
Adopted Yeas - 7 Nays - 0
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