Minutes 7-25-2001Page 1 of 8
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, July 25, 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
• Miscellaneous
• Suspension Items
Present - 6 - Benanav, Blakey, Bostrom, Harris, Lantry, Reiter
Absent - 1 - Coleman (arrived after roll call)
CONSENT AGENDA (Items I - 24)
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 COUNCILMEMER, 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 ublic hearing
before the City Council on August 1, 2001, to consider the application for a sound level variance by
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,
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2001, during the Capital City Days Festival.
1. Claims of Ludmila Bryskina, Mary Kisch, Brenna Klempka, William Kromer, Jr. and Carol Spock.
Referred to the Employee/Risk Management Division
2. Summons and Complaint in the matter of Robert L Greenberg v. the City of Saint Paul and
Councilmembers Chris Coleman, Jerry Blakey, Dan Bostrom, Pat Harris, and Jim Reiter.
Referred to the City Attorney's Office
3. Summons and Complaint in the matter of Desmond Cornelious v. the City of Saint Paul, et al.
Referred to the City Attorney's Office
4. Letters from the Citizen Service Office /Division of Property Code Enforcement declaring 63 Atwater
Street, 245 Front Avenue, 659 Iglehart Avenue, 847 Lexington Parkway South, and 60 Rose Avenue East
as nuisance property. (For notification purposes only; public hearings will be scheduled at a later date if
necessary.)
5. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on August 1, 2001, to consider the application for a sound level variance
by 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.
6. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on August 1, 2001, 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.
FOR ACTION
7. Approval of minutes of July 11, 2001.
Adopted Yeas - 7 Nays - 0
8. Resolution - 01 -740 - Concerning adverse action against the Tree Trimmer and One Vehicle License
held by Gary Albig, dba Albig Tree Care.
Adopted Yeas - 7 Nays - 0
9. Resolution - 01 -741 - Concerning adverse action against the Solid Waste Hauler License held by
Timothy Johnson, dba Pioneer Rubbish Hauling.
Adopted Yeas - 7 Nays - 0
10. Resolution - 01 -742 - Concerning adverse action against the Solid Waste Hauler License by Ray
Ellis, dba Mini Dump's Inc. (To be laid over to August 22)
Laid over to August 22 Yeas - 7 Nays - 0
11. Resolution - 01 -743 - Concerning adverse action against the Solid Waste Hauler License by Ronald
A. Kowski, dba Kowski Rubbish Removal.
Adopted Yeas - 7 Nays - 0
12. Resolution - 01 -744 - Concerning adverse action against the Liquor On -Sale (Over 100 seats) and
Liquor On -Sale (Sunday) Licenses and Alarm Permit held by Ale Room, Inc., dba The Buttery, 395
Robert Street North.
Withdrawn Yeas - 7 Nays - 0
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13. Resolution - 01 -745 - Concerning adverse action against the Cigarette /Tobacco License held by Ale
Room, Inc., dba The Buttery, 395 Robert Street North.
Laid over to August 1 Yeas - 7 Nays - 0
14. Resolution - 01 -746 - Concerning adverse action against the Cigarette /Tobacco License held by SLT
Enterprises, Inc., dba Hudson Liquor, 1047 Hudson Road.
Adopted Yeas - 7 Nays - 0
15. Resolution - 01 -747 - Concerning adverse action against the Cigarette /Tobacco License held by
Ahmed Abrahim, dba Mona's, 920 Selby Avenue. (Public Hearing held June 27)
Adopted Yeas - 7 Nays - 0
16. Resolution - 01 -748 - Concerning adverse action against the Taxicab Driver's License held by Dennis
Wasson based upon his conviction for Test Refusal. (Public Hearing held June 27)
Adopted Yeas - 7 Nays - 0
17. Resolution - 01 -749 - Approving the July 17, 2001, decision of the Legislative Hearing Officer on
Property Code Enforcement Appeals for the following addresses: 2650 University Avenue West, 1237
Matilda Street, 1947 Grand Avenue and 2309 Priscilla Street.
Adopted Yeas - 7 Nays - 0
18. Resolution - 01 -750 - Authorizing the Police Department to enter into an agreement with St. Croix,
Wisconsin, to provide radio service.
Adopted Yeas - 7 Nays - 0
19. Resolution - 01 -751 - Authorizing the Department of Planning and Economic Development to apply
to the Metropolitan Council for opportunity grants through the Livable Communities Demonstration
Program.
Adopted Yeas - 7 Nays - 0
20. Resolution - 01 -752 - Approving a Neighborhood STAR Loan and Grant for 920 Selby Renovation,
Inc.
Adopted Yeas - 7 Nays - 0
21. Resolution - 01 -753 - Approving the purchase of property (Trillium Site), except for an approximate
3/4 acres, for the sum of $3.2 million dollars under the terms and conditions negotiated by the City
Attorney.
Adopted Yeas - 7 Nays - 0
22. Resolution - 01 -754 - Authorizing the Division of Contract and Analysis Services to dispose of
surplus City computers by donating to the "Computers for Schools Program."
Adopted Yeas - 7 Nays - 0
23. Resolution - 01 -755 - Authorizing the Division of Contract and Analysis Services to dispose of
surplus City cell phones by donating to the "Donate a Phone Program."
Adopted Yeas - 7 Nays - 0
23a. Resolution - 01 -763 - Accepting and authorizing to file with Ramsey County an agreement between
the City of Saint Paul and the Minnesota State Agricultural Society (State Fair) to acquire a permanent
storm drainage easement.
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Adopted Yeas - 7 Nays - 0
24. Preliminary Order - 01 -756 - In the matter of condemning and taking of property rights as required
for construction of Phalen Boulevard between Mississippi Street and Payne Avenue, and setting date of
public hearing for August 22, 2001. (File 418947 -A)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
25. Resolution - 01 -530 - Changing the minimum qualifications of the titles /classes "Sewer Supervisor II"
and "Sewer Supervisor III." (Laid over from July 18)
Laid over to August 1 Yeas - 7 Nays - 0
26. Resolution - 01 -706 - Authorizing the City to access the grant pool established by the State of
Minnesota to obtain TIF grant funding for pre- existing obligations which include eligible projects such as
US Bank and Centex. (Laid over from July 18)
Substitute introduced and adopted Yeas - 7 Nays - 0
27. Consideration of the appeal of Michael Pfalz regarding the decision of the Board of Zoning Appeals
granting a front yard setback variance in order to construct a new single family home at 1236 Virginia
Street. (Public hearing held on July 11 and laid over from July 18)
Motion of Intent - Appeal Denied Yeas - 7 Nays - 0
28. Update by Jeff Nelson, Department of Planning and Economic Development, on the Cultural Star
Program.
Jeff Nelson, Department of Planning and Economic Development provided an update.
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
29. Second Reading - O1 -fir 739 - An ordinance memorializing City Council action granting the
application of 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 1 for third reading
30. First Reading - 01 -757 - An ordinance finalizing Eity EomTcil
R. Hermart to rezorte property from RT 1 (+W0 Family Residential Distriet) to RT -2 (TO-mr4lonse
- An ordinance memorializing 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.
Laid over to August 1 for second reading
(Councilmember Blakey was excused from the meeting at this point)
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PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
31. Third Reading - 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).
Laid over to August 1 for final adoption
32. Resolution - 01 -727 - Concerning adverse action against the Cigarette /Tobacco License held by Jade,
Inc., dba Snelling I -94 Citgo, 326 Snelling Avenue North.
(Laid over from July 11)
Adopted Yeas - 6 Nays - 0
33. Resolution - 01 -758 - Concerning adverse action against the Firearms License held by Edwin
Timmers, Jr., dba East Side Gun Shop, 935 Arcade Street. (Laid over from July 11)
Laid over to August 1 Yeas - 6 Nays - 0
34. Resolution - 01 -759 - Concerning adverse action against all licenses held by James McMurray, dba
Jimmy Mac's, 756 Jackson Street.
Adopted as amended Yeas - 6 Nays - 0
35. Public hearing to consider the report of the Administrative Law Judge concerning the Sign
Contractor's License held by Delite Outdoor Advertising, Inc., dba Delite Outdoor Advertising, Inc.
Laid over to August 1 Yeas - 6 Nays - 0
36. Resolution - 01 -353 - Ordering the owner to remove or repair the building at 843 Rice Street within
fifteen (15) days from adoption of resolution. (Laid over from June 27) (Legislative Hearing Officer
recommends laying over to the August 21, 2001, Legislative Hearing and to the September 5, 2001,
City Council Meeting.)
Laid over to September 5 Yeas - 6 Nays - 0
37. 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 the rehabilitation of the property on condition that the owner applies
for a code compliance inspection by noon on July 25, 2001.)
Laid over to August 1 Yeas - 6 Nays - 0
38. Resolution - 01 -761 - Approving the petition of Katya Ricketts, East Side Neighborhood
Development Company, to vacate the alley abutting Jenks Avenue described as the east 20.00 feet of Lot
4, Block 16, Arlington Hills Addition.
Laid over to August 22 Yeas - 6 Nays - 0
(Councilmember Reiter was excused from the meeting at this point).
39. Final Order In Condemnation Proceedings - 01 -359 - In the matter of acquiring portions of Lots 4
through 9, Block 41, Lot 1, Block 46 and Lots 1 through 4 for property located in Rice & Irvine's
Addition for the improvement of the Science Museum of Minnesota. (File 418943E) (Laid over from
June 6)
Laid over to September 19 Yeas - 5 Nays - 0
40. 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 June 27) (Legislative Hearing Officer recommends
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approval)
Adopted Yeas - 5 Nays - 0
41. Resolution Ratifying Assessment - 01 -762 - In the matter of the assessment of benefits, cost and
expenses for summary abatement (snow and /or ice removal) at 1002 Carroll Avenue (JO I SNOW I),
demolition of vacant building at 1093 Seventh Street West/520 Bay Street (JO102CI), boarding -up of
building at 664 Edmund Avenue and 729 Edmund Avenue (JO 1021313), and summary abatement (property
clean -up) at 729 Edmund Avenue (JO103AA). (Laid over from June 27) (Legislative Hearing Officer
recommends approval of the assessments, with the following exception: 1002 Carroll Avenue -
delete the assessment)
Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 5 Nays - 0
42. Resolution Ratifying Assessment - 01 -764 - In the matter of summary abatements (property clean -up)
in April and May, 2001 (JO104A); demolition of buildings in April and May, 2001 (JO103C); boarding -up
vacant buildings in March and April, 2001 (JO I03B); and towing abandoned vehicles from private
property in January, 2001 (JO104V). (Legislative Hearing Officer recommends approval of the
assessments, with the exception of the following:
916 Minnehaha Avenue East (JO104VY reduce the assessment to $500 plus the $45 service fee for a
total assessment of $545.
597 Blair Avenue (JO104A) - delete the assessment.
1660 Dayton Avenue (JO104A) - delete the assessment
122 Lyton Place (JO104V) - delete the assessment.
515 Nevada Avenue East (JO104A) - reduce the assessment to $250 plus the $45 service fee for a
total assessment of $295.
1744 Carroll Avenue (JO104A) - delete the assessment.
1075 Portland Avenue (JO104A) - lay over to the July 24, 2001, Legislative Hearing and the August
1, 2001, City Council Meeting)
Also, the City Council amended action to include the following addresses:
330 Toronto Street (JO104A) - delete the assessment.
381 University Avenue West (JO103C) - referred to the August 7, 2001, Legislative Hearing and the
August 22, 2001, City Council Meeting.
387 University Avenue West (JO103C) - referred to the August 7, 2001, Legislative Hearing and the
August 22, 2001, City Council Meeting.
718 Thomas Avenue (JO104A) - approve the assessment.
Adopted as amended (including the recommendations of the Legislative Hearing Officer and
additional amendments by the Council)
Yeas - 4 Nays - 0 (Coleman not present for vote)
MISCELLANEOUS
43. Presentation of the Minnesota Recreation and Park Association "Award of Excellence in 2001" to the
Division of Parks and Recreation for the Harriet Island Regional Park Project.
Randy Distad, Minnesota Recreation and Park Association, presented an award to John Wirka,
Jody Martinez and Tim Agness, Division of Parks and Recreation.
Suspension Items
Resolution - 01 -765 - Honoring Anne Hunt's twelve years of leadership of the Saint Paul Neighborhood
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Energy Consortium and recognizing her contributions to improving the City of Saint Paul's environment
and quality of life.
Adopted Yeas - 7 Nays - 0
Resolution - 01 -766 - Memorializing City Council action granting the appeal of David Thom to a
decision of the Heritage Preservation Commission (HPC) denying approval of a building permit to
replace a rear second story deck at 410 Eichenwald Street. (Public hearing held on September 27, 2000)
Adopted Yeas - 7 Nays - 0
The City Council requested an update from Chief William Finney, Police Department, regarding the
incident that occurred downtown as part of the Rondo Days Celebration at their City Council Meeting on
August 1, 2001.
The City Council requested an update from the Department of Public Works on the implementation of the
newsrack ordinance at their City Council Meeting on August 1, 2001.
Website
For an updated copy of our City Council Meeting agendas or minutes, please visit our website at
www. ci. stpaul. mn. 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. m., S: 30 p. m.; Tuesdays at 8:00 a.m., S: 30 p. m.; and Wednesdays at 8:00 a.m., 1:30
p.m. (Housing and Redevelopment Authority), 3: 00 p.m.
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