Minutes 2-28-2001Page 1 of 7
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, February 28, 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
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items 1 - 21)
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 March 7, 2001, to consider the application of Mendota Homes, Inc. to
rezone property from B -3 to RM -2 to allow for the construction of a new 3 -story residential
condominium at 1941 Ford Parkway (between Kenneth and Howell Streets).
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Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on March 7, 2001, to consider the appeal of Eller Media Company to a
decision of the Planning Commission denying the building permits for repair of seven billboard
faces on West Seventh Street and in the Highland Special Sign District where the sign face panels
were blown down. (1184 W. Seventh Street - two sign faces: 1209 W. Seventh Street - three faces.
one permitted to be repaired; and 2014 -2018 Ford Parkway - three faces).
1. Claims of Beth Bowman, Aja Days, Troy DeLuney, Norma Gilbertson, Donald Jones, William Perry,
Sr., Theiler & Associates (for Paris McNeal & Shephard Jackson), Matthew Tscholl, Beth Valen, and
Leslie Walters.
Referred to the Risk Management Division
2. Scheduling Order in the matter of Siwek Lumber & Millwork, Inc. vs the Housing and
Redevelopment Authority of the City of Saint Paul, et al.
Referred to the City Attorney's Office
3. Complaint of Anthony NMN Brown, Sr. concerning seizure of a vehicle by the St. Paul Police.
Referred to the City Attorney's Office
4. Order Authorizing Payment or Deposit and Transferring of Title and Order Granting Petition and
Appointing Commissioners in the matter of the condemnation of certain real property located in the City
of Saint Paul, County of Ramsey, State of Minnesota for the RiverCentre Pedestrian Link.
Referred to the City Attorney's Office
5. Letter from the Office of the City Attorney announcing that the Administrative Hearing in the matter
of the Currency Exchange License Application by Unbank Company, LLP, 1614 White Bear Avenue,
has been rescheduled from February 16, 2001, to February 26, 2001, at 10:00 a.m. in the Ramsey
County Commissioners' Office, Room 220 City Hall- Courthouse, Room C, and the public hearing
before the City Council is scheduled for March 7, 2001.
6. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 7, 2001, regarding the Report of the Administrative Law Judge concerning the Application for a
Currency Exchange License by Cash -A- Check, LLC, dba Money X Change, 1676 Lexington Avenue.
7. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on March 27, 2001, at 9:30 a.m., Room 41, City Hall- Courthouse, concerning the Application for
Renewal of a Taxicab Driver's License by Dennis Wasson.
8. Letters from the Citizen Service Office /Property Code Enforcement declaring 625 Charles Avenue
and 1236 Seventh Street East as nuisance properties. (For notification purposes only; public hearings
will be scheduled at a later date if necessary.)
9. Administrative Order:
D001980 Authorizing payment, not to exceed $2,000.00, for travel related expenses for up to four non -
city employees participating in "Internet Crimes Against Children Task Force" training.
Noted as on file in the City Clerk's Office
FOR ACTION
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10. Approval of minutes of January 3, 2001, and Closed Door Session of February 21, 2001.
Adopted Yeas - 7 Nays - 0
11. Resolution - 01 -175 - Approving the Memorandum of Agreement between the City of Saint Paul and
Tri- Council (Local 49, Local 120, and Local 132) for the purpose of amending the current bargaining
agreement, specifically Appendix D, A4c. (To be laid over one week for adoption)
Laid over to March 7
12. Resolution - 01 -176 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 1825 -1835 Ford Parkway, 434 Lafond Avenue, 2107
Stewart Avenue, and 1803 Randolph Avenue. Adopted Yeas - 7 Nays - 0
13. Resolution - 01 -177 - Authorizing the Port Authority to issue $11,500,000 of Bonds for District
Cooling, Inc.
Adopted Yeas - 7 Nays - 0
14. Resolution - 01 -178 - Authorizing the Police Department to enter into an agreement, which includes
an indemnification clause, with Merrick Community services for project coordination of Police
Department issues at the Railroad Island weed and seed site.
Adopted Yeas - 7 Nays - 0
15. Resolution - 01 -179 - Authorizing the City to enter into an agreement, and Police Chief William
Finney to implement, with the Public Housing Agency of the City of Saint Paul to continue the
Community Oriented Policing (ACOP) program from January 1, 2001, through December, 2001.
Adopted Yeas - 7 Nays - 0
16. Resolution - 01 -180 - Authorizing the execution of an amended and restated pledge agreement in
connection with the issuance of parking refunding revenue bonds, Series 2001A (RiverCentre Exhibit
Hall Ramp) and related budget amendment.
Adopted Yeas - 7 Nays - 0
17. Resolution - 01 -181 - Authorizing the Office of Financial Services, Treasury Section, to initiate all
necessary action leading to the issuance of City General Obligation Capital Improvement Bonds in the
approximate amount of $19,000,000, General Obligation Street Improvement Bonds in the approximate
amount of $3,630,000, and such refunding as to produce sufficient savings to justify the issuance.
Adopted Yeas - 7 Nays - 0
18. Resolution - 01 -182 - Amending the spending and financing plans in the Department of Public
Works to close out the Saint Paul Flood Control project.
Adopted Yeas - 7 Nays - 0
19. Resolution - 01 -183 - Authorizing the Office of License, Inspections and Environmental Protection
to submit a grant request to the Certified Local Government Grant Program in the amount of $8,950.00
to create and install signs that identify Saint Paul's five historic preservation districts, and authorizing up
to $9,196.05 as a cash and in -kind match.
Adopted Yeas - 7 Nays - 0
20. Resolution - 01 -184 - Authorizing City officials and Division of Parks and Recreation staff to enter
into an agreement with Tee Master for the provision of golf reservation services.
Adopted Yeas - 7 Nays - 0
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21. Resolution Approving Assessment - 01 -185 - In the matter of summary abatements (property clean-
up) for January and part of February 2001 (JO 102A); towing abandoned vehicles from private property
in October and November 2000, also, 873 Marion Street (towing in November, 1999), 810 Sherburne
Avenue, 1079 Conway Street, and 2052 Fairmount Avenue (towing in January 2000), 1148 Minnehaha
Avenue (towing in March 2000), and 45 Winona and 1037 Payne Avenues (towing in April 2000)
(JO 102V); boarding -up vacant properties in November and December 2000 (JO 10113); and sanitary
service repairs (SSWREPAIR), and setting date of Legislative Hearings for April 17, 2001, and City
Council Hearings for April 25, 2001.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
22. Resolution - 01 -186 - Honoring City staff and individuals and groups from the City of Saint Paul's
non -profit and private sectors whose work resulted in the City of Saint Paul receiving ICLEI's Five
Milestone Award.
Adopted Yeas - 7 Nays - 0
23. Presentation of the International Council for Local Environmental Initiative's Five Milestone Award
by Susan Ode of ICLEI.
The ICLEI Five Milestone Award was presented to the City of Saint Paul by Susan Ode.
24. Resolution - 01 -133 - Approving the appointments of Joel Franklin and Susan Kimberly and the
reappointments of Daniel Palmquist and Amanda Welliver, by Mayor Coleman, to the Saint Paul
Human Rights Commission. (Laid over from February 14)
Adopted Yeas - 6 Nays - 1 (Coleman)
25. Resolution - 01 -172 - Supporting a grant of $800,000 to the Gopher State Ethanol Plant or MBC
Holding Company for installation of a thermal oxidizer for pollution control on the plant's DDGS dryer.
(Laid over from February 21)
Substitute introduced and adopted Yeas - 7 Nays - 0
26. 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; laid over from February 7)
An update was provided by Tom Riddering, Office of License, Inspections and Environmental
Protection; a twelve -month update will be presented on August 22, 2001.
27. Report from the Citizen Service Office on their response to the Council Research Performance
Audit. (Report requested by Council on January 24, 2001; C.F. 01 -67; laid over from February 7)
A report was provided by Fred Owusu, Citizen Service Office; a six month update will be
presented on August 22, 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
CO UNCIL AND 30 DAYS AFTER P UBLICATION IN THE SAINT PA UL LEGAL LEDGER
28. Final Adoption - 01 -68 - An ordinance 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
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development of an off - street parking lot. (Laid over from February 14)
Adopted Yeas - 6 Nays - 0 (Coleman not present for vote)
29. First Reading - 01 -187 - An ordinance to eliminate Chapter 336 of the Saint Paul Legislative Code
entitled "Private Fuel Pumps."
Laid over to March 7 for second reading
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
30. Third Reading - 01 -156 - An ordinance amending C.F. 00 -1043, adopted November 22, 2000, which
imposed a moratorium on the use of property in the area presently under study for the White Bear
Avenue Area Study pending completion of the study and any possible amendments to the City's
Comprehensive Plan or Zoning Ordinance deemed necessary to give effect to the study.
Laid over to March 7 for final adoption
31. Third Reading - 01 -154 - An ordinance amending Chapter 426 of the Saint Paul Legislative Code to
establish a definition of entertainment and to eliminate the reference to a liquor license.
Substitute introduced and laid over to March 7 for final adoption
Yeas - 7 Nays - 0
32. Third Reading - 01 -113 - An ordinance amending Chapter 86 of the Saint Paul Administrative Code
to allow City 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.
Laid over to March 7 for final adoption
33. Third 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.
Laid over to March 7 for final adoption
34. Public hearing to consider the appeal of Paul Krawetz to a decision of the Board of Zoning Appeals
approving several variances in order to re -plat a parcel of land and construct nine (9) new single family
homes at 468 Wyoming Street East (Guptil Contracting, developer).
Motion of Intent - Appeal denied, granted the variances, and adopted the Findings and
determinations as set forth in the Resolution of the Board of Zoning Appeals, File No. 01- 121177,
dated January 22, 2001.
Yeas - 7 Nays - 0
35 Public hearing to consider the application of Guptil Contracting for a Combined Plat for Walnut
Ridge to create nine (9) residential lots and one (1) outlot in the area bounded by the Lafayette Freeway,
Wyoming Street, and Annapolis Street.
Motion of Intent - Application granted and adopted the findings and recommendations (including
conditions) in the Plat Review Staff Report of February 21, 2001.
Yeas - 7 Nays - 0
36. Public hearing to consider the appeal of Rick Igo to a decision of the Planning Commission
approving a Special Condition Use Permit for a transitional housing facility at 740 Dayton Avenue
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(southwest corner of Dayton and Grotto).
Motion of Intent - Appeal denied, approved the issuance of the SCUP with the condition imposed
by the Planning Commission, and adopted the findings and determinations of the Planning
Commission as contained in its Resolution 00 -06, dated January 12, 2001. Staff was directed to
prepare the appropriate resolution to that effect. Also, Council included a condition limiting the
total number of adults and children in the facility to 26.
Yeas - 6 Nays - 0
37. Resolution - 00 -1190 - Ordering the owner to remove or repair the building at 689 Orleans Street
within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends granting
the owner six months to complete rehabilitation of the building) (Laid over from December 20,
2000)
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
38. Resolution - 01 -120 - Ordering the owner to remove or repair the building at 452 Edmund Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval) (Laid over from February 7)
Adopted Yeas - 6 Nays - 0 (Coleman not present for vote)
39. Resolution - 01 -13 - Ordering the owner to remove or repair the building at 508 Sherburne Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval) (Laid over from February 7)
Adopted Yeas - 7 Nays - 0
40. Resolution - 01 -122 - Ordering the owner to remove or repair the building at 964 Woodbridge Street
within fifteen (15) days from adoption of resolution. (Laid over from February 7) (Legislative Hearing
Officer recommends laying over to the April 17, 2001, Legislative Hearing and the May 2, 2001
City Council meeting)
Laid over to May 2 Yeas - 7 Nays - 0
41. Resolution - 01 -188 - Ordering the owner to remove or repair the building at 981 Euclid Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
granting the owner six months to complete rehabilitation of the building provided the vacant
building fees are paid by noon on February 28, 2001)
Adopted as amended (per the recommendation of the Legislative Hearing Officer) Yeas - 7 Nays -
0
42. Resolution - 01 -189 - Ordering the owner to remove or repair the building at 2257 Hillside Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying
over to the April 17, 2001, Legislative Hearing and the May 2, 2001, City Council Meeting)
Laid over to May 2 Yeas - 7 Nays - 0
43. Resolution - 01 -190 - Granting 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.
Adopted Yeas - 7 Nays - 0
44. Resolution - 01 -191 - Adopting the Mississippi River Corridor Plan as a chapter of the Saint Paul
Comprehensive Plan.
Laid over to March 14 Yeas - 7 Nays - 0
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Councilmember Blakey thanked the Department of Public Works for their good job removing
snow following the latest snowfall.
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