Minutes 5-2-2001Page 1 of 7
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, May 2nd, 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 Hearing
• Suspension Items
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items 1 -19)
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.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Maxine Block, Ramona Davis, Emily Leabch, RHJ Properties Limited Partnership, LLLP,
and Mary Jo Schaak.
Referred to the City Attorney's Office
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2. Notice of Hearing and Petition in Condemnation and Motion for Transfer of Title and Possession
regarding the Saint Paul Housing and Redevelopment Authority vs. the City of Saint Paul, et al, regarding
property at Block 70 and part of Block 69, Irvine's Enlargement of Rice and Irvine's Addition.
Referred to the City Attorney's Office
3. Letters from Maslon Edelman Borman and Brand dated April 19, 2001, and miscellaneous documents
such as: Notice of Taking Deposition of Brian Nelson, Diane Nelson and James Masterman; Amended
Notice of Motion and Motion, Memorandum in Support of Motion to Amend Summons, Affidavit of
Melissa M. Weldon, Proposed Order, and Motion for Summary Judgment regarding the National City
Bank of Minneapolis vs. La Tete Maison, Ltd., et al.
Referred to the City Attorney's Office
4. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on May 23, 2001, to consider the appeal of Brian Engdahl and Raina
Eberly of a Heritage Preservation Commission decision approving a building permit for construction of a
tree house (constructed without a building permit or HPC approval) with the condition that the tree house
be moved so that its eastern wall is set back to a plan at least as far advanced from the eastern lot line as
the main residence at 1376 Summit Avenue.
5. Letter from the Citizen Service Office/Division of Property Code Enforcement declaring 643 Watson
Avenue and 855 Woodbridge Street as nuisance property. (For notification purposes only; public hearing
will be scheduled at a later date if necessary).
6. Administrative Order:
D002028 Amending the 2000 budget of the Special Revenue fund, Division of Parks and Recreation -
Grants /Aid Fund.
Noted as on file in the City Clerk's Office
FOR ACTION
7. Approval of minutes of March 7, 2001, and the City Council Closed Session of April 25, 2001.
Adopted Yeas - 7 Nays - 0
8. Resolution - 01 -441 - Approving and ratifying the Memorandum of Understanding between the City of
Saint Paul and the International Association of Fire Fighters Local 21 to establish a Hazardous Material
premium for employees assigned to a designated Advanced Technical Rescue Unit. (To be laid over to
May 9 for adoption)
Laid over to May 9 for final adoption
9. Resolution - 01 -442 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at: 1065 Selby Avenue, 1725 Hague Avenue, 419 Fairview
Avenue, 1596 Ashland Avenue, 1612 Van Buren Avenue, and 695 Ohio Street.
Adopted Yeas - 7 Nays - 0
10.Resolution - 01 -443 - Approving the application, with condition, for a Wine On -Sale, Malt On -Sale
(Strong), and Restaurant Licenses by Fasika, Inc., dba Fasika Ethiopian Restaurant, 510 Snelling Avenue
North. (Legislative Hearing Officer recommends approval with condition).
Adopted Yeas - 7 Nays - 0
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11. Resolution - 01 -444 - Establishing a 2001 financing and spending plan for the Thomas /Dale Weed
and Seed grant.
Adopted Yeas - 7 Nays - 0
12.Resolution - 01 -445 - Approving a Neighborhood STAR Year Round Program loan in the amount of
$100,000 for Mildred Pierce at Harriet Island.
Adopted Yeas - 7 Nays - 0
13. Resolution - 01 -446 - Authorizing the Division of Parks and Recreation to apply for Youth
Enrichment Grant funding from the Minnesota Amateur Sports Commission via the Minnesota
Department of Children, Families and Learning to help in the construction of two new soccer fields at
McDonough Recreation Center.
Adopted Yeas - 7 Nays - 0
14. Preliminary Order - 01 -447 - In the matter of improving the alley in Block 14, Hayden Heights
(bounded by Ivy, Furness Parkway, Clear and Ruth Streets), by constructing a storm sewer and by
grading and paving with bituminous material, and setting date of public hearing for May 23, 2001. (File
418944)
Adopted Yeas - 7 Nays - 0
15. Preliminary Order - 01 -448 - In the matter of condemning and taking easements in the land necessary
for slopes, cuts and fills, including the right of removal of lateral support from subject land or remainder
thereof, occasioned by excavations thereof or construction of slopes in the grading and paving of the alley
in Block 14, Hayden Heights (bounded by Ivy, Furness Parkway, Clear and Ruth Streets), and setting
date of public hearing for May 23, 2001. (File 4189445)
Adopted Yeas - 7 Nays - 0
16. Preliminary Order - 01 -449 - In the matter of improving the alley in Block 14, Summit Park Addition
(bounded by Osceola, Avon, Fairmount and Victoria Streets) by constructing storm sewer, and by
grading and paving with bituminous material, and setting date of public hearing for May 23, 2001. (File
418946)
Adopted Yeas - 7 Nays - 0
17. Preliminary Order - 01 -450 - In the matter of condemning and taking easements in the land necessary
for slopes, cuts and fills, including the right of removal of lateral support from subject land or remainder
thereof, occasioned by excavations thereof or construction of slopes in the grading and paving of the alley
in Block 14, Summit Park Addition (bounded by Osceola, Avon, Fairmount and Victoria Street), and
setting date of public hearing for May 23, 2001. (File 41 8946S)
Adopted Yeas - 7 Nays - 0
18. Preliminary Order - 01 -451 - In the matter of the installation of a traffic control signal system at the
intersection of Dale and Topping Streets, and setting date of public hearing for June 27, 2001. (File
418948)
Adopted Yeas - 7 Nays - 0
19. Resolution Approving Assessment - 01 -452 - In the matter of the assessment of benefits, cost and
expenses for the demolition of vacant buildings for January and February, 2001 (JO IO2C); summary
abatements (property clean -up) during the later part of February and March, 2001 (J0103A); boarding -up
of vacant buildings for January and February, 2001 (JO IO2B); towing of abandoned vehicles from private
property during November and December, 2000 (J0103V); and summary abatement (snow /ice removal
and or sanding of walks) during the winter season of 2000 and 2001 (JO1 SNOW), and setting date of
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public hearing for June 27, 2001.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
20. Report from the Office of License, Inspections and Environmental Protection (LIEF) regarding the
possibility of posting restaurants and their violations on the City's Web. (Requested by the City Council
on November 1, 2000)
Bill Gunther, Environmental Health Director, (LIEP) and Susan Kimberly, Deputy Mayor,
provided a report. An additional update will be presented to the City Council on June 6, 2001.
21. Update by Bill Gunther, Environmental Health Director (LIEP), 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 City Council on August
9)
Bill Gunther and Dan Smith provided an update. The City Council requested that an additional
update be presented at their meeting on May 23.
22. Resolution - 01 -264 - Changing the rate of pay for the Assistant Fire Chief class from Grade 28 to
Grade 30 and establishing the rate of pay for the Assistant Fire Chief position assigned Emergency
Management Director in Grade 3 1 of the Non - represented City Managers, Employee Group 17. (Laid
over from March 21)
Laid over indefinitely Yeas - 7 Nays - 0
23. Resolution - 01 -407 - Honoring those responsible for the creation of the "Safe Gun Storage" public
service announcement produced by the City of Saint Paul Office of Cable Communications. (Laid over
from April 25)
Adopted Yeas - 7 Nays - 0
24. Resolution - 01 -422 - Approving a 2001 budget amendment to release funds from the general
government accounts - specified contingency. (Laid over from April 25)
Substitute introduced and adopted Yeas - 7 Nays - 0
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 DAYSAFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER
25.Final Reading - 01 -278 - An ordinance adopting food protection standards which will permit the City
to enter into compliance with the requirements of the Minnesota Departments of Health and Agriculture
and allow to enter into delegation agreements with each agency. (Substitute introduced on April 25)
Adopted Yeas - 7 Nays - 0
26. Final Reading - 01 -279 - An ordinance repealing Chapter 331 of the Saint Paul Legislative Code
relating to food protection.
Adopted Yeas - 7 Nays - 0
27. 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
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for new vehicle taxicab licenses. (Substitute introduced on April 25)
Laid over to August 1 Yeas - 6 Nays - 1 (Blakey)
(The City Council requested the Office of License, Inspections and Environmental Protection
(LIEP) to provide a comprehensive report as to how they will deal with the increased number of
cabs, improve service, cleaner cabs, new ways of regulating cabs on a metro -wide approach, an
enforcement provision, fee structure for the license and fare structures.)
28. Final Reading - 01 -349 - An ordinance amending Saint Paul Legislative Code Chapter 376; making
the temporary maximum taxicab fare structure, that was approved on October 1, 1999, permanent and
requiring an annual review of the fare structure.
Adopted Yeas - 7 Nays - 0
29. Final Reading - 01 -350 - An ordinance amending Chapter 225 of the Saint Paul Legislative Code to
permit Animal Control Officers to carry and discharge a firearm while carrying on the duties of their
occupation.
Adopted Yeas - 7 Nays - 0
30. Final Reading - 01 -375 - An ordinance amending Chapter 246 of the Saint Paul Legislative Code to
permit temporary liquor and 3.2 beer licenses to be issued in City parks and to delete obsolete references
to the department of community services.
Adopted Yeas - 7 Nays - 0
31. Final Reading - 01 -377 - An ordinance extending the interim ordinance in Council File No. 00 -152
which preserved the status quo with respect to the use of property pending the completion of studies and
amendments to the Saint Paul Zoning Code relating to gun shops.
Adopted Yeas - 7 Nays - 0
32. Third Reading - 01 -401 - An ordinance finalizing City Council action approving a petition of Metzger
Building Materials to rezone property at 763 and 765 Bradley Street from RT -1 to I -1 to permit outside
storage of metal framing for drywall. (Public hearing held on February 7, 2001)
Laid over to May 9 for final adoption
33.First Reading - 01 -453 - Granting to NRG Energy Center Rock -Tenn LLC ( "NRG "), a special purpose
subsidiary of NRG Thermal Corporation, and its successors and assigns permission to construct, operate
and maintain a high pressure steam line under and through public rights of way at several locations within
the City.
Laid over to May 9 for second reading
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
34. Third Reading - 01 -399 - An ordinance amending Ordinance Number 13537, approved January 31,
1967, by deleting the roadway of Sixth Street - Mounds Boulevard to Maria Avenue from the truck route
ordinance.
Laid over to May 9 for final adoption
35. Third Reading - 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 to May 9 for final adoption
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36. Third Reading - 01 -402 - An ordinance establishing the position titled Deputy Director of Parks and
Recreation as specified by Chapter 12 of the Saint Paul Charter, Section 12.03.2(H).
Laid over to May 9 for final adoption
37. 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 28) (Legislative Hearing
Officer recommends granting the owner 180 days to complete rehabilitation of the property, with
the condition that a $2,000 bond is posted by noon on April 25, 2001).
Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0
38.Resolution - 01 -189 - Ordering the owner to remove or repair the building at 2257 Hillside Avenue
within fifteen (15) days from adoption of resolution. (Laid over from February 28) (Legislative Hearing
Officer recommends laying over to the September 18, 2001, Legislative Hearing and the September
26, 2001, City Council Meeting, with the condition that the exterior of the building is maintained).
Laid over to September 26 (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays -
0
39. Resolution - 00 -218 - Ordering the owner to remove or repair the building at 923 Galtier Street within
fifteen (15) days from adoption of resolution. (Laid over from March 7) (Legislative Hearing Officer
recommends granting the owner 180 days to complete rehabilitation of the property with the condition
that permits are obtained and a $2,000 bond is posted by noon on May 2, 2001.)
Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0
40.Resolution - 01 -454 - Ordering the owner to remove or repair the building at 1236 Seventh Street East
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends laying
over to the June 19, 2001, Legislative Hearing and the June 27, 2001, City Council Meeting.)
Laid over to the May 15, 2001, Legislative Hearing and the June 6, 2001, City Council Meeting_.
Yeas - 7 Nays - 0
41.Resolution Ratifying Assessment - 01 -434 - In the matter of boarding up vacant buildings in June
through October, 2000, at 136 Wilder Street, 1197 Ross Avenue, and 1165 Hudson Road (JOIBDUP);
towing abandoned vehicles from private property at 615 Charles Avenue in June through September,
2000 (JO101 V); and summary abatements (property cleanup) at 1835 St. Clair Avenue and 707 Jessamine
Avenue, East in August, September, October, November and /or December, 2000 (JO ISUM). (To be
reconsidered from April 25) (Legislative Hearing Officer recommends approval of the assessments)
Reconsidered, public hearing held and adopted Yeas - 7 Nays - 0
42.Final Order - 01 -455 - In the matter of Above Standard Street Lighting Systems for 2001 for the
Minnesota Mutual Life Tower Area and Selby /Snelling Area. (File 418925 & 189030P)
Adopted Yeas - 7 Nays - 0
43. Final Order - 01 -456 - In the matter of construction of sidewalk repairs and /or repair of sanitary
sewer, storm sewer and /or water service connections, if requested by the property owner, in conjunction
with the Wabasha West Streetscape Project, Phase 2 (Fourth/Cedar Streets Area). (File 418906C)
Laid over to May 23 Yeas - 7 Nays - 0
44. Final Order - 01 -457 - In the matter of construction of a water main in Snowshoe Lane, Winthrop
Street, Boxwood Avenue and Ogden Court. (File 418941)
Adopted as amended Yeas - 7 Nays - 0
45.Resolution Ratifying and Confirming Condemnation - 01 -458 - In the matter of condemnation and
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taking of perpetual easements for utility purposes in construction and future maintenance of the
Ogden/Winthrop Project along Ogden Avenue, Winthrop Street, Boxwood Avenue, Ogden Court and in
an area approximately 160 feet north of Ogden Court. (File No. 18928E)
Laid over to May 23 Yeas - 7 Nays - 0
Suspension Items
Resolution - 01 -459 - Requesting the Mayor to submit a budget amendment appropriating $350,000
equally amont the City Council wards for the Neighborhood Investment Initiative Grant Program.
Adopted Yeas - 6 Nays - 1 (Lantry)
Resolution - 01 -460 - Requesting the State Legislature and Governor to formulate a minimum change
redistricting plan that allows Saint Paul and Minneapolis to continue to be in separate Congressional
District.
Adopted Yeas - 7 Nays - 0
The City Council expressed their sympathy to the family of Eugene J. Corbey, Saint Paul Planning
Commission member, who passed away Wednesday, May 2, 2001.
The City Council requested that the Police Department's presentation and discussion on racial profiling
be rescheduled from May 9 to May 23, 2001.
Council Meeting Information
Website
For an updated copy of our City Council Meeting agendas or minutes, please visit our website at
www. ci. stpaul. inn. us /council.
Cable
The City Council Meetings are cablecasted live on Channel 18 and repeated on Thursdays at 7:00 p.m.,
Saturdays at 12:30 p.m., and Sundays at 1:00 p.m. (Subject to change). Also, the City Council Agendas
are cablecasted during the following times: Saturdays at 8:00 a.m., Sundays at 6:30 p.m., Mondays at
8:00 a.m. 1: 30 p. in., S: 30 p. in.; Tuesdays at 8:00 a.m., S: 30 p. in.; and Wednesdays at 8:00 a.m., 1:30
p.m. (Housing and Redevelopment Authority), 3: 00 p.m.
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