Minutes 8-1-2001Page 1 of 8
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, August 1st, 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
• Suspension Items
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items I - 30)
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 CO UNCILMEMER, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND
CONSIDERED SEPARATELY.
COMMUNICATIONS AND ADMINISTRATIVE ORDERS
1. Claims of Ruben Benegas, Troy Brown, Dr. Craig Daub, Patty Lauer, Michael E. Marks (for Melinda
Dee Barber) David Roberts, Richard Rohland, and Patrick A. Sauer.
Referred to the Employee /Risk Management Division
2. Summons and Complaint in the matter of Lawrence James Clardy v. the City of St. Paul, et al.
file: //C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_122550\Minutes 8 -... 12/15/2010
Page 2 of 8
Referred to the City Attorney's Office
3. Petition for Summons in the matter of the application of Twin Cities Habitat For Humanity, Inc. to
register title to real estate in Ramsey County.
Referred to the City Attorney's Office
4. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on August 30, 2001, at 9:30 a.m. in Room 42 St. Paul City Hall, concerning sale of cigarettes to a minor
by Pahoua Her at H V Fruit Market, 1350 7th Street East.
5. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on August 28, 2001, at 9:30 a.m. in Room 220B St. Paul City Hall, concerning the Auto Repair Garage
License held by Felipe Samaniego, dba High Tech Auto Service, 943 Maryland Avenue East.
6. Letter from the Real Estate Division announcing a public hearing before the City Council on August
22, 2001, to consider the petition of Katya Ricketts, East Side Neighborhood Development Company, to
vacate city alley right of way to construct a parking lot on the southwest corner of Jenks and Payne
Avenues for construction of a parking lot for apartments and a new restaurant.
7. Letter from the Real Estate Division announcing a public hearing before the City Council on August
22, 2001, to consider the petition of the Housing and Redevelopment Authority to vacate city alley right
of way within the boundaries of Cedar, Charles, Como, and Capitol Heights in order to sell the block for
development of 25 housing units.
8. Letter from the Citizen Service Office /Division of Property Code Enforcement declaring 633
Randolph Avenue and 393 Sidney Street East as nuisance properties and setting date of Legislative
Hearings for August 7, 2001, and City Council Hearings for August 22, 2001.
9. Letter from the Citizen Service Office /Division of Property Code Enforcement declaring 1124
Conway Street and 531 Ohio Street as nuisance properties. (For notification purposes only; a public
hearing will be scheduled at a later date if necessary.)
10. Administrative Order:
D002048 Approving payment, not to exceed $15,000.00, for expenses incurred by the Department of
Public Works for their open house activities on September 20, 2001.
Referred to the City Clerk's Office
FOR ACTION
11. Approval of minutes of July 18, 2001.
Adopted Yeas - 7 Nays - 0
12. Resolution - 01 -767 - Approving the expenditure of $30,000.00 from the Division of Marketing and
Promotions' budget to support and sponsor Firstar Capital City New Year and authorizing the proper
City officials to enter into contracts, as necessary, to provide such sponsorship.
Adopted Yeas - 7 Nays - 0
13. Resolution - 01 -768 - Authorizing the City to enter into the Downtown Riverfront Compact with
Capital City Partnership, Saint Paul Port Authority, Saint Paul RiverCentre Authority, and the Saint Paul
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122550\Minutes 8 -... 12/15/2010
Page 3 of 8
Riverfront Corporation for the purpose of working together with other community partners to begin the
process of outlining a future riverfront development agenda.
Laid over to August 8 Yeas - 7 Nays - 0
14. Resolution - 01 -769 - Requesting the City Council to review and approve funding recommendations
for the 2002 Civic Organizations Partnership Program (COPP).
Laid over to August 8 Yeas - 7 Nays - 0
15. Resolution - 01 -770 - Requesting the City Council to review and approve the 2002 Civic
Organizations Partnership Program (COPP) guidelines and budget objectives.
Amended and laid over to August 8 Yeas - 7 Nays - 0
16. Resolution - 01 -771 - Supporting federal legislation on research and labeling of genetically
engineered foods and urging the Saint Paul School District to investigate the viability of offering organic
foods as part of their food service program.
Adopted Yeas - 7 Nays - 0
17. Resolution - 01 -772 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 819 Holly Avenue, 123 Acker Street East, and 1166
Seventh Street East.
Adopted Yeas - 7 Nays - 0
18. Resolution - 01 -773 - Appointing Peter G. Mikhail (departing assistant city attorney) as outside
counsel to continue defending appeal in Mississippi River Revival, Inc., et al. V. City of Saint Paul
Adopted Yeas - 7 Nays - 0
19. Resolution - 01 -774 - Approving payment of $29,500.00 to Lawrence Brown in full settlement of his
claim against the City of St. Paul.
Adopted Yeas - 7 Nays - 0
20. Resolution - 01 -775 - Amending the 2001 Capital Improvement Budget to include funding for the
Mississippi River Boulevard - Desnoyer Park Ornamental Fence Project.
Adopted Yeas - 7 Nays - 0
21. Resolution 01 -776 - Accepting a federal grant and establishing a budget in the Division of Parks and
Recreation for the Lower Phalen Creek site acquisition.
Adopted Yeas - 7 Nays - 0
22. Resolution - 01 -777 - Accepting State of Minnesota Metro Greenways funds for conservation
easements on the Lower Phalen Creek site.
Adopted Yeas - 7 Nays - 0
23. Resolution - 01 -778 - Accepting an invitation from the Como Zoological Society for elected City
officials and City staff to participate in a golf tournament benefit on Monday, August 6, 2001.
Adopted Yeas - 7 Nays - 0
24. Resolution - 01 -779 - Closing out the financing and spending plans for the Dale Street - University to
Minnehaha project by transferring MSA funding to the 2001 MSA Contingency project.
Adopted Yeas - 7 Nays - 0
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122550\Minutes 8 -... 12/15/2010
Page 4 of 8
25. Resolution - 01 -780 - Transferring excess Sewer Availability Charge (SAC) revenues from
unreserved retained earnings to the 2000 and 2001 Capital Projects Funds for sewer rehabilitation
construction.
Adopted Yeas - 7 Nays - 0
26. Resolution - 01 -781 - Authorizing the Police Department to enter into a three -year maintenance
agreement renewal, which includes an indemnification clause, with Williams Communications.
Adopted Yeas - 7 Nays - 0
27. Resolution - 01 -782 - Releasing easements lying within the alleys vacated by Council File 01 -581 on
June 6, 2001 for Episcopal Health and Housing Services to develop property for senior housing.
Adopted Yeas - 7 Nays - 0
28. Resolution - 01 -783 - Releasing utility easements as part of the development of the area known as
the West Side Flats.
Adopted Yeas - 7 Nays - 0
29. Resolution - 01 -784 - Approving Cultural STAR Board recommendations and changes to the 2001
Cultural STAR spending plan.
Adopted as amended Yeas - 7 Nays - 0
30. Preliminary Order - 01 -785 - In the matter of sidewalk reconstruction and /or new construction in
Wards 1 through 7, and setting date of public hearing for August 22, 2001. (File 4S01085, SO 1090,
S01091, S01095- S01097, SO1101, S01119, S01122)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
31. Report on recommendations from the Mayor on energy conservation actions which can be taken by
City Managers and by Saint Paul residents and property owners. (Report requested by the Council on
May 16, 2001, C.F. 01 -500)
A report was presented by Chuck Armstrong, Mayor's Office. Also, Steve Schmidt and Steve
Koskey, Excel Energy, provided an update regarding the recent power outages in Saint Paul.
32. Resolution - 01 -745 - Concerning adverse action against the Cigarette /Tobacco License held by Ale
Room, Inc., dba The Buttery, 395 Robert Street North. (Public hearing held and laid over from July 25)
Laid over to August 8 Yeas - 6 Nays - 0 (Coleman was not present for vote)
33. Resolution - 01 -530 - Changing the minimum qualifications of the titles /classes "Sewer Supervisor
11" and "Sewer Supervisor III." (Laid over from July 25)
Laid over to August 22 Yeas - 7 Nays - 0
34. Resolution - 01 -758 - Concerning adverse action against the Firearms License held by Edwin
Timmers, Jr., dba East Side Gun Shop, 935 Arcade Street. (Public hearing held and laid over from July
25)
Substitute introduced, amended and adopted Yeas - 7 Nays - 0
35. Consideration of the report of the Administrative Law Judge concerning the Sign Contractor's
License held by Delite Outdoor Advertising, Inc., dba Delite Outdoor Advertising, Inc. (Public hearing
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122550\Minutes 8 -... 12/15/2010
Page 5 of 8
held and laid over from July 25)
Adopted the amended Findings of Fact and Conclusions submitted by the Office of License,
Inspections and Environmental Protection and determined that Delite Advertising, by failing to
comply with orders to remove the sign at I -94 and by failing to obtain a permit to repair the sign
at Pierce Butler Route, has violated code provisions and adverse action against its business license
is appropriate. Adverse action shall consist of suspension of business license until the sign at I -94 is
taken down and building permit fees are paid for the repair of the Pierce Butler sign.
Adopted Yeas - 6 Nays -1 (Reiter)
36. Update from Chief William Finney, Police Department, regarding the incident that occurred
downtown as part of the Rondo Days Celebration. (Requested by Council on July 25)
An update was presented by Chief William Finney, Police Department.
37. Update from the Department of Public Works on the implementation of the newsrack ordinance.
(Requested by Council on July 25)
An update was presented by Tom Kuhfeld, Department of Public Works. An additional update
was requested by the City Council on September 5, 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
38. 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
for new vehicle taxicab licenses. (Substitute introduced on April 25; laid over from May 2)
Laid over to November 7 Yeas - 7 Nays - 0
39. Final Adoption - 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 from May 9)
Laid over to November 7 Yeas - 7 Nays - 0
40. Final Adoption - 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).
Adopted Yeas - 7 Nays - 0
41. Third Reading - 01 -739 - An ordinance finalizing 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 8 for final adoption
42. Second Reading - 01 -757 - An ordinance finalizing 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
fileJ /C:ADOCUME— l \LFSUPP —1 \LOCALS —l\ Temp \ELF20101215_122550\Minutes 8 -... 12/15/2010
Page 6 of 8
608 York Street. (Public hearing held June 27)
Laid over to August 8 for third reading
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
43. 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 rehabilitation of the property provided the owner applies for a code
compliance inspection by noon on July 25, 2001.) (Laid over from July 25)
Laid over to August 15 Yeas - 7 Nays - 0
44. Resolution - 01 -786 - Ordering the owner to remove or repair the building at 1183 Arkwright Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends granting
the owner 90 days to complete rehabilitation of the property provided the vacant building fee is paid by
noon on August 6, 2001).
Laid over to August 8 Yeas - 7 Nays - 0
Also, the City Council requested the Property Code Enforcement Office to reinspect property and
provide a report for the August 8th City Council Meeting.
45. Resolution - 01 -787 - Ordering the owner to remove or repair the building at 1003 Hudson Road
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 7 Nays - 0
46. Resolution Ratifying Assessment - 01 -788 - In the matter of demolition of the building at 1317
Arkwright Street (JO 102CC); and summary abatement (snow and /or ice removal) from property at 1016
Beech Avenue (JO1 SNOW2). (Laid over from June 27) (Legislative Hearing Officer recommends
approving the assessment for 1317 Arkwright Street and deleting the assessment for 1016 Beech
Avenue)
Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0
47. Resolution Ratifying Assessment - 01 -789 - In the matter of summary abatement (property cleanup)
at 1075 Portland Avenue. (Legislative Hearing Officer recommends laying over to the August 7
Legislative Hearing and the August 22 City Council meeting) (Laid over from July 25)
Laid over to August 22 Yeas - 7 Nays - 0
48. Resolution Ratifying Assessment - 01 -790 - In the matter of the assessment of benefits, cost and
expenses for the Public Works sewer repair program for sanitary and /or storm sewer connections as
requested by property owners. (File 4SWRREPAIR)
Adopted Yeas - 7 Nays - 0
49. Resolution Ratifying Assessment - 01 -791 - In the matter of 2001 replacement of lead water service
connections as requested by property owners. (File 401LDSCRPL)
Adopted Yeas - 7 Nays - 0
50. Resolution Ratifying Assessment - 01 -792 - In the matter of the assessment of benefits, cost and
expenses for the installation of a traffic control signal system at the intersection of Dale Street and
Topping Street. (File 418948)
Adopted Yeas - 7 Nays - 0
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122550\Minutes 8 -... 12/15/2010
Page 7 of 8
51. Resolution - 01 -793 - Approving the amendment of the Tax Increment Financing Plan for Tax
Increment Financing District No. 1 (North Quadrant)
Adopted Yeas - 7 Nays - 0
52. Resolution - 01 -794 - Granting the petition of Rosann Hebert to vacate part of the Alley in Block 12,
Hayden Heights Addition in order for the petitioner to have a larger back yard.
Adopted Yeas - 7 Nays - 0
53. Resolution - 01 -795 - Granting a sound level variance to 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.
Adopted Yeas - 7 Nays - 0
54. Resolution - 01 -796 - Granting a sound level variance to 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, 2001, during the Capital City Days
Festival.
Adopted Yeas - 7 Nays - 0
55. Resolution - 01 -797 - Establishing No Parking 8AM -8PM Monday- Friday, Except by Permit, Area
22, on the east side of Cretin Avenue between Lincoln, Goodrich, Fairmount, and Princeton Avenues.
Adopted Yeas - 7 Nays - 0
56. Resolution - 01 -798 - Approving establishment of the Phalen Village Tax Increment Financing
District, adoption of a Tax Increment Financing Plan, and modification of the Redeveloment Plan for the
Saint Paul Neighborhood Redevelopment Project.
Adopted Yeas - 7 Nays - 0
57. Public hearing 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 at 1581 Ford Parkway between Snelling and
Macalester Avenues.
Laid over to August 15 Yeas - 7 Nays - 0
Susbension Items
First Reading - 01 -799 - An ordinance amending the Saint Paul Legislative Code Chapter 376 to
eliminate the controls on the number of taxicab vehicle licenses, the fares taxicab companies may charge
and establishing additional requirements for new vehicle taxicab licenses.
Laid over to August 8 for second reading Yeas - 7 Nays - 0
Resolution 01 -800 - Approving the proposed new polling locations for the 2001 Saint Paul Primary and
General Elections.
Laid over to August 8 Yeas - 7 Nays - 0
The Council requested that the Administration provide an update at their August 8 Council Meeting as
to how they are keeping neighbors informed regarding the Minnesota Brewing /Gopher State Ethanol
issues.
Reconsidered Item - Adopted as amended on July 25, 2001
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122550\Minutes 8 -... 12/15/2010
Page 8 of 8
Resolution Ratifying Assessment - 01 -764 - In the matter of summary abatements (property clean -up) in
April and May, 2001 (JO 104A); demolition of buildings in April and May, 2001 (JO 103C); boarding -up
vacant buildings in March and April, 2001 (J010313); and towing abandoned vehicles from private
property in January, 2001 (J0104V). (Legislative Hearing Officer recommends approval of the
assessments, with the exception of the following:
916 Minnehaha Avenue East (J0104V) - reduce the assessment to $500 plus the $45 service fee for a
total assessment of $545.
597 Blair Avenue (J0104A) - delete the assessment.
1660 Dayton Avenue (J0104A) - delete the assessment
122 Lyton Place (J0104V) - delete the assessment.
515 Nevada Avenue East (J0104A) - reduce the assessment to $250 plus the $45 service fee for a total
assessment of $295.
1744 Carroll Avenue (J0104A) - delete the assessment.
1075 Portland Avenue (JO 104A)< /U >- lay over to the July 24, 2001, Legislative Hearing and the
August 1, 2001, City Council Meeting)
330 Toronto Street (J0104A) - delete the assessment.
381 University Avenue West (J0103C) - referred to the August 7, 2001, Legislative Hearing and the
August 22, 2001, City Council Meeting_
387 University Avenue West (J0103C) - referred to the August 7, 2001, Legislative Hearing and the
August 22, 2001, City Council Meeting_
718 Thomas Avenue (J0104A) - approve the assessment.
Reconsidered (adopted on July 25), amended and adopted
Yeas - 7 Nays - 0 (Referred the address of 327 Winifred Steet East (J0104A) to a Legislative
Hearin
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_122550\Minutes 8 -... 12/15/2010