Minutes 5-23-2001Page 1 of 7
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, May 23rd, 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 - 6 - Benanav, Blakey, Bostrom, Coleman, Lantry, Reiter
Absent - 1 - Harris (arrived after roll call)
CONSENT AGENDA (Items 1 -10)
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
The following communication was read into the record:
Letter from the Office of License, Inspections and Environmental Protection announcing a public hearing
before the Citv Council on June 6. 2001 _ to consider the annlication for a sound level variance by
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McGough Construction to allow excessive construction noise being caused by concrete trucks and
concrete pumps at 236 Smith Avenue North on several dates beginning June 18, 2001, and ending
approximately on August 13, 2001 from 3:00 a.m. through 3:30 p.m.
1. Claims of Adeniyi Balogun, Hassan Beledi, Daniel and Terry Carlson, Molly and James Cave, Al
Lathrop, Jr., Jamilyn Robeck, Douglas Schmidt, Attorney, (for Michael Ivory) and Heather Svendsen.
Referred to the Employee/Risk Management Division
2. Complaint and Demand for Judicial Determination of Forfeiture regarding John Charles Hainsworth
vs. One 1995 Chevrolet Geo Metro Hatch Back.
Referred to the City Attorney's Office
FOR ACTION
3. Approval of minutes of April 4, 2001.
Adopted Yeas - 7 Nays - 0
4. Resolution - 01 -483 - Approving the Memorandum of Agreement between the City of Saint Paul and
United Association Pipefitters Local Union No. 455 for the 2001 Wage and Fringe adjustment. (Laid over
from May 16)
Adopted Yeas - 7 Nays - 0
5. Resolution - 01 -502 - Rescinding the assessment amount for sidewalk reconstruction that was not
constructed at 2230 Falcon Avenue.
Adopted Yeas - 7 Nays - 0
6. Resolution - 01 -503 - Finalizing City Council action taken February 7, 2001, granting the application
of Al and Linda Huey for subdivision by lot split (22 foot wide parcel running from the south side of 718
Maryland Avenue West to Grotto Street) of property of Independent School District 625 to be tied to 718
Maryland Avenue West.
Adopted Yeas - 7 Nays - 0
7. Resolution - 01 -504 - Approving the Fiscal Year 2001 Neighborhood Sales Tax Revitalization Small
Grant Awards.
Adopted Yeas - 7 Nays - 0
8. Resolution - 01 -505 - Waiving the 60% consent requirement for a block party /special event permit for
Grand Old Day 2001 on Sunday, June 3, 2001.
Adopted Yeas - 7 Nays - 0
9. Resolution - 01 -506 - Authorizing and directing the transfer of ownership of the residential structure at
1074 -76 Iglehart Avenue to the Saint Paul Housing and Redevelopment Authority .
Adopted Yeas - 7 Nays - 0
10 Resolution - 01 -507 - Recognizing Vince O'Connor, retiring employee of Merrick Community
Services.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
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I l Resolution - 01 -347- Authorizing use of $300,000 STAR Grant for the Osceola Crossing Project.
(Laid over from April 11)
Withdrawn Yeas - 7 Nays - 0
12. Resolution Ratifying and Confirming Condemnation - 01 -458 - In the matter of condemnation and
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) (Public hearing held and laid
over from May 2) (A substitute resolution will be introduced)
Substitute introduced and adopted Yeas - 7 Nays - 0
13. Presentation by the Police Department on racial profiling. (Rescheduled from May 9)
A presentation was made by Chief William Finney, Police Department; also, Professor Robin
McGea, NAACP, spoke.
14. Update by Bill Gunther, Environmental Health Director (LIEF), 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, 2000) (Special update was requested by the City Council on May 2)
Bill Gunther and Dan Smith provided a brief update. Also, the City Council requested that the City
Attorney provide them with written information regarding the Minnesota Brewing
Company /Gopher State Ethanol Plant litigation.
15. Discussion of Federal issues and the Saint Paul Federal Legislative Agenda with the City's lobbyist
Dennis McGrann.
A presentation was made by Dennis McGrann.
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR
SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
COUNCIL AND 30 DAYSAFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
16.Final Adoption - 01 -277 - An ordinance creating a new Chapter 156 and amending Chapter 18 of the
Saint Paul Legislative Code to authorize the designation of pedestrian safety crossings and authorizing
the Legislative Hearing Officer to hear appeals of decisions related to pedestrian safety crossings.
(Substitute introduced on April 4; laid over from April 11)
Laid over to June 13 for final adoption Yeas - 7 Nays - 0
17.Second Reading - 01 -501 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to zoning for the Downtown Riverfront 40 -Acre Zoning Study recommendations made by the
Planning Commission.
Laid over to June 6 for third reading /public hearing
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
18. Third Reading - 01 -453 - An ordinance 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.
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Laid over to June 6 for final adoption
19. Third Reading - 01 -481 - An ordinance amending Interim Ordinance 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 June 6 for final adoption
20. Resolution - 01 -508 - Reciting a proposal for a financing program for a multi - family rental housing
development, giving final approval to the project and the program pursuant to Minnesota Statutes,
Chapter 462C, authorizing the housing and redevelopment authority to issue a housing revenue note and
the preparation of necessary documents and materials in connection with the said project and program.
Adopted Yeas - 7 Nays - 0
(Reconvened as the Housing and Redevelopment Authority and adjourned)
21. Resolution - 01 -509 - Ordering the owner to remove or repair the building at 923 Marion Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
granting the owner six months to complete rehabilitation of the property on the condition that a
$2,000 bond is posted by noon of June 6, 2001.)
Laid over to June 6 Yeas - 7 Nays - 0
22. Resolution 01 -510 - Granting the St. Paul Saints Baseball Club a sound level variance for an
amplified MOBY music concert to be held on July 26, 2001, from 3:00 p.m. to 10:00 p.m.
Adopted Yeas - 7 Nays - 0
23. 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 from May 2)
Adopted Yeas - 7 Nays - 0
24. Final Order - 01 -511 - 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. (File 418944)
Substitute introduced and adopted Yeas - 7 Nays - 0
25. Final Order - 01 -512 - 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). (File 418944S)
Adopted as amended Yeas - 7 Nays - 0
26. Final Order - 01 -513 - 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. (File 418946)
Adopted Yeas - 7 Nays - 0
27. Final Order - 01 -514 - 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
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in Block 14, Summit Park Addition (bounded by Osceola, Avon, Fairmount and Victoria Street). (File
418946S)
Adopted Yeas - 7 Nays - 0
28. Final Order - 01 -515 - In the matter of condemning and taking of property rights as required for
construction of Phalen Boulevard between Mississippi Street and Payne Avenue. (File 418947)
Adopted Yeas - 7 Nays - 0
29. Resolution Ratifying Assessment - 01 -433 - In the matter of a summary abatement (property cleanup)
in August, 2000, for 980 Euclid Street. (JO1 SUMAA). (Laid over from April 25) (Legislative Hearing
Officer recommends approval of the assessment.)
Adopted Yeas - 7 Nays - 0
30. Resolution Ratifying Assessment - 01 -516 - In the matter of summary abatements (property cleanup)
in August, September, October, November and /or December, 2000 (JO1 SUM) for property located at 916
Minnehaha Avenue East. (Laid over from April 4) (Legislative Hearing Officer recommends laying
over to the June 19, 2001, Legislative Hearing and the June 27, 2001, City Council Meeting.)
Laid over to June 27 Yeas - 7 Nays - 0
31.Resolution Ratifying Assessment - 01 -517 - In the matter of the assessment of benefits, cost and
expenses for sanitary sewer service repair at 1787 Ames Avenue (SSWREPAIRI), towing abandoned
vehicle from private property at 915 Agate Street (JO IO2VV), summary abatement (property clean -up) at
927 Hudson Road (JO IO2AA), and boarding -up property at 609 Smith Avenue (JO 101BB). (Laid over
from April 25) (Legislative Hearing Officer recommends the following:
1787 Ames Avenue (SSWREPAIRl) - approval of the assessment.
915 Agate Street (JO102VV) - deleting the assessment.
927 Hudson Road (JO102AA) - granting the owner two years to pay the assessment.
609 Smith Avenue South (J01011313) - reducing the assessment to $250.00 plus the $45.00
administrative fee for a total assessment of $295.00.)
Adopted as amended (per recommendation of the Legislative Hearing Officer Yeas - 7 Nays - 0
32. Resolution Ratifying Assessment - 01 -518 - In the matter of the assessment of benefits, cost and
expenses for the construction of a bituminous driveway on private property at 1039 California Avenue
West. (File 418885D)
Adopted Yeas - 7 Nays - 0
33. Public hearing to consider the appeal of Brian Engdahl and Raina Eberly to a decision of the Heritage
Preservation Commission (HPC) 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.
Motion of Intent - Appeal granted on the basis that there was error on the part of the Heritage
Preservation Commission (HPC) based upon the following: a) While the tree house is visible from
Summit Avenue, it is visible only briefly depending on how fast one travels past the property. The
fact that the tree house is visible does not support a definitive finding that the tree house "does not
take into consideration the scale of the spaces between buildings and the rhythm of buildings to
open space" that requires that the tree house be moved. b) The HPC found that the architecture,
materials and construction of the tree house are, in all other respects, compatible with the historic
district. Also, the City Council approved the HPC decision to grant the building permit but modify
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the HPC's resolution by striking Finding Number 3 and inserting in its place the following
language: Because the structure is elevated and is located in a space between buildings, it can be
viewed from Summit Avenue. However, the impact of the view of the structure from Summit
Avenue can be softened by planting trees to screen the structure from view and by adding plantings
(i.e. flower boxes, vines, etc.) To the structure itself in order to soften its appearance when viewed
from Summit Avenue. Planting can be made to screen and soften the view of the structure from
Summit Avenue.
Adopted Yeas - 7 Nays - 0
34. . . . . . . . . .. . . .
for a st+&risiort 4 property at East 541 Street and Brot4may, part 4 Lot -2, Bloek 44, Kittsorts Addition
to -�
:: .� .: ;-
r4t Lot -2.1 (Note: public hearing has been •d
35. Public hearing on Housing Revenue Bonds for the Marion Marian Center Project. (Note: this hearing
will be rescheduled to June 6, 2001)
Rescheduled to June 6 Yeas - 7 Nays - 0
Suspension Items
Resolution - 01 -519 - Scheduling a Council Racial Profiling Policy Session and public hearing on June
20, 2001, and directing that the City's Anti - Racial Profiling Policy be shared with interested community
groups, organizations and individual community leaders for wider discussion.
Adopted as amended. Yeas - 7 Nays - 0
Resolution - 01 -520 - Establishing a policy prohibiting racial profiling by the City of Saint Paul Police
Department.
Laid over to June 20 Yeas - 7 Nays - 0
Resolution - 01 -521 - Directing Council Research and the Council's Fiscal Policy Director to review the
April 23, 2001, "Report to the City Council on Racial Profiling from the Police Department" and compile
their input for Council consideration by August 15, 2001.
Adopted Yeas - 7 Nays - 0
Resolution - 01 -522 - Requesting the Administration and Mayoral staff review of the proposal for
funding outlined in the April 23, 2001, "Report to the City Council on Racial Profiling from the Police
Department" prior to, or with, the Mayor's proposed 2002 City budget.
Adopted Yeas - 7 Nays - 0
Resolution - 01 -523 - Waiving the 45 -day notice requirement for issuance of an On -Sale Liquor- Outdoor
Service license to Dag, Inc., dba Champps Saint Paul, 2401 Seventh Street West.
Adopted Yeas - 7 Nays - 0
Resolution - 01 -524 - Honoring Sara Pillow for her years of dedicated service to the Macalester-
Groveland Community Council and the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
Resolution - 01 -525 - Suspending all funding by the City of Saint Paul to District 5 Payne- Phalen
Planning Council indefinitely pending a thorough investigation by the Department of Planning and
Economic Development and the Mayor's Office of the processes and procedures used to hire their new
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Executive Director.
Adopted Yeas - 5 Nays - 2 (Benanav, Lantry)
Resolution - 01 -526 - Waiving the 45 -day notice requirement for issuance of Cigarette /Tobacco,
Entertainment (A), Gambling Location, Liquor on -Sale 100 seats or less, Liquor on -Sale - Sundand and
Restaurant (B) licenses to AJS, Inc., dba Brown Derby Lounge, 567 Stryker Avenue.
Adopted Yeas - 7 Nays - 0
First Reading - 01 -527 - An ordinance amending Chapter 183 of the Saint Paul Legislative Code to
provide the Department of Human Rights with the authority to issue subpoenas as part of investigations
into complaints of unfair discriminatory practices under this chapter.
Laid over to June 6 for second reading Yeas - 7 Nays - 0
REMINDER: THERE WILL NOT BE A CITY COUNCIL MEETING ON MAY 30TH SINCE IT
IS THE FIFTH WEDNESDAY OF THE MONTH.
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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