Minutes 9-5-2001Page 1 of 10
ACTION MINUTES OF THE
SAINT PAUL CITY COUNCIL
Wednesday, September 5th, 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
• Reconsidered Items
• Suspension Items
Present - 7 - Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 0
CONSENT AGENDA (Items 1 - 39)
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 Allstate Insurance Co. (for Issam Alhuniti), Freeman Brooks, Jr. and Patricia Olson, Gabriel
Carter, Josie Christopherson, Joanna Conover, Patrick Fleming, Robert Harris Trust, Anthony Hill, Ivory
Jackson, Robert Masson, Metropolitan Council, Mary Meyer, Murrin Law Firm (for Faye Schneider),
Alan Nielsen, Florene Pattain, State Farm Insurance Companies (for Joni Geppert), Stephanie Thoe, and
Travelers Insurance (for Dennis Tepler).
Referred to the Risk Management Division
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2. Writ of Certiorari and Petition in the matter of Donald D. Drouin Jr. vs. the City of Saint Paul. (1183
Arkwright Street)
Referred to the City Attorney's Office
3. Statement of Case, State of Minnesota in Court of Appeals in the matter of Donald D. Drouin, Jr. vs.
the City of Saint Paul. (1183 Arkwright Street)
Referred to the City Attorney's Office
4. Order Denying Stay of City Council Resolution File Number 01 -786 in the matter of Donald Dr.
Drouin, Jr., vs. the City of Saint Paul. (1183 Arkwright Street)
Referred to the City Attorney's Office
5. Exparte Motion to Stay Decision of City Council Pending Review by the Minnesota Appeals Court in
the matter of Donald D. Drouin, Jr. vs. the City of Saint Paul. (1183 Arkwright Street)
Referred to the City Attorney's Office
6. Communication from District Energy St. Paul, Inc. dated July 19, 2001, regarding the rates to be
charged to district heating customers effective October 1, 2001, (Single Rate: $0.0449 per kilowatt -hour
and Two -Part Rate: Demand - $4.35 per kilowatt per month; Energy - $14.15 per megawatt- hour.)
7. Communication from District Cooling St. Paul, Inc. dated July 19, 2001, regarding the rates to be
charged to district cooling customers effective October 1, 2001, (Demand: $22.38 per ton per month and
Energy: $0.06 per ton - hour).
8. Communication from Mayor Coleman dated August 27, 2001, announcing his veto of Council
Resolution 01 -823 adopted August 15, 2001, which granted the appeal of Shannon O'Keefe and modified
the Planning Commission's decision to allow Buffalo Sober House to operate at 97 North Oxford Street.
Council File 01 -823 reconsidered by City Council, veto overridden and adopted Yeas - 5 Nays - 2
(Benanav, Reiter) (See Page 11)
9. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on September 27, 2001, at 9:30 a.m. in Room 40 -A, St. Paul City Hall, concerning all licenses held by
Blue's Saloon, Inc., dba Lucy's for the premises located at 601 Western Avenue North.
10. Letters from the Citizen Service Office/Property Code Enforcement Division declaring 1124 Conway
Street, 245 Front Avenue, 847 Lexington Parkway South, and 62 Winifred Street West as nuisance
properties, and setting date of Legislative Hearings for September 4, 2001, and City Council Hearings for
September 19, 2001.
11. Letter from the Citizen Service Office /Property Code Enforcement Division declaring 667 Magnolia
Avenue East as nuisance property. (For notification purposes only; public hearing will be scheduled at a
later date if necessary.)
12. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on September 19, 2001, to consider the application of Parkway Place Housing
LLC to rezone property from R -4 and B -1 to RM -2 to develop and operate an apartment project
containing a minimum of 114 units for senior residents (more than 55 years of age) and related activities
at the north side of Hudson Road between Johnson Parkway and Frank Street.
13. Letter from the Department of Planning and Economic Development announcing a public hearing
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before the City Council on September 19, 2001, to consider the application of Lisa Kamp to rezone
property from R -4 (single - family residential) to B -1 (local business) to allow for combining with an
adjacent B -1 zoned parcel in order to construct an accessory garage for the residence at 395 West Cook
Avenue.
14. Administrative Orders:
D002056 Authorizing the Police Department Critical Incident Response Team to utilize the United States
Army's advance training facility at Camp Ripley, Fort Ripley, Minnesota on September 12 -15, 2001.
D002057 Authorizing a $500.00 contribution to River Action, Inc. to launch the Grand Excursion 2004
Project.
D002058 Extending the contract completion date from December 31, 2000, to June 15, 2001, for the
Avon - California Sewer Relining Project.
D002059 Authorizing payment to Public Art Saint Paul for the costs and expenses of restoration of
sculptures in Cochran and Nathan Hale Parks in an amount not to exceed $3,870.
D002060 Authorizing a one year License Agreement (PW /10) with the Saint Paul Port Authority
allowing them to occupy and use the former Whirlpool Building 17 property to access the former Stroh
Brewery property and temporarily store construction material for demolishing the grain elevators in
preparation for redevelopment.
Noted as on file in the City Clerk's Office
FOR ACTION
15. Resolution - 01 -911 - Approving the appointment of Mary -Helen Mische, by Mayor Coleman, to
serve as an Assistant to the Mayor effective August 22, 2001.
Adopted Yeas - 7 Nays - 0
16. Resolution - 01 -912 - Revoking the Taxicab Driver's License held by Thomas Everett Hayes.
Adopted Yeas - 7 Nays - 0
17. Resolution - 01 -913 - Suspending all licenses held by East Side Hospitality, Inc., dba Hillcrest
Entertainment Center, 1560 White Bear Avenue, for ten days for lapse in liquor liability insurance.
Adopted Yeas - 7 Nays - 0
18. Resolution - 01 -914 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 436 Shepard Road West, 882 Seventh Street West and 1259
Berkeley Avenue.
Adopted Yeas - 7 Nays - 0
19. Resolution - 01 -915 - Approving application, with conditions, for Extension of Service Area to Third
Floor and Upper Balcony Areas and Liquor License Upgrade from Liquor on Sale over 100 Seats to Over
200 Seats by The Vintage, 579 Selby Avenue. (Legislative Hearing Officer recommends approval
with conditions)
Adopted Yeas - 7 Nays - 0
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20. Resolution - 01 -916 - Approving application, with conditions, for Pool and Billiard Hall, Original
Container and Cigarette /Tobacco Licenses by Hung Nguyen, dba Hung Billiards, 995 University Avenue
West. (Legislative Hearing Officer recommends approval with conditions)
Adopted Yeas - 7 Nays - 0
21. Resolution - 01 -917 - Authorizing the Director of Public Works to request a variance to Municipal
State Aid Rule for reconstruction of St. Clair Avenue between West Seventh Street and Ann Street and to
hold the State harmless for granting the variance.
Adopted Yeas - 7 Nays - 0
22.Resolution - 01 -918 - Amending the spending and financing plan of the Fifth/Kennard RSVP Project
by transferring funding from the 7th/Reaney Bumpout and the 1998 Major Sewer Repair Projects and
adding PED /HUD financing for the River Heights Project.
Laid over to September 12 Yeas - 6 Nays - 0 (Benanav not present for vote)
23. Resolution - 01 -919 - Approving the layout prepared by the Department of Transportation (MN /DOT)
for improvements of parts of Trunk Highways (TH) I -494 and 61, including the replacement of the I -494
Wakota Bridge and associated local improvements.
Adopted Yeas - 7 Nays - 0
24. Resolution - 01 -920 - Authorizing the Police Department to enter into an agreement with the State of
Minnesota to conduct background investigations for up to twelve State assigned Minnesota Police Corps
Cadets.
Adopted Yeas - 7 Nays - 0
25. Resolution - 01 -921 - Authorizing the proper City officials to enter into an agreement with the State
of Minnesota Department of Transportation to relocate a pedestrian pathway along L'Orient Street, which
is located on MnDot's I -35E right -of -way, for development of two soccer fields at McDonough
Recreation Center.
Adopted Yeas - 7 Nays - 0
26. Resolution - 01 -922 - Approving a permanent easement agreement between the City of Saint Paul and
Avex Lowry Limited Partnership to allow Avex to construct, operate, and maintain a new fire main in the
City Hall Annex.
Adopted Yeas - 7 Nays - 0
27. Resolution - 01 -923 - Approving a joint powers agreement between the Minnesota Pollution Control
Agency (MPCA) and the City to fund the completion of the Phase I clean -up action at the old Pig's Eye
Dump.
Adopted Yeas - 7 Nays - 0
28. Resolution - 01 -924 - Releasing utility easements, as petitioned by Episcopal Health and Housing
Services, in part of the vacated alley between Lots 72 through 76, Union Park and Hinkel's 3rd
Amendment to Union Park.
Adopted Yeas - 7 Nays - 0
29. Resolution - 01 -925 - Approving Lease Agreement PW /13 providing 42,700 square feet of vacant
land near Ayd Mill Road and unimproved Ashland Avenue to the Snelling /Hamlin Community Council
to be used for community garden plots.
Adopted Yeas - 7 Nays - 0
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30. Resolution - 01 -926 - Authorizing the purchase of land (one parcel at 1071 Marshall Avenue) for the
Jimmy Lee Recreation Center Acquisition and Redevelopment Project.
Adopted Yeas - 7 Nays - 0
31. Resolution - 01 -927 - Rescinding City Council File Number 00 -232 and the pending assessment be
removed from the property at 867 Pierce Butler Route /811 Victoria Street North.
Adopted Yeas - 7 Nays - 0
32. Resolution - 01 -928 - Authorizing the Department of Fire and Safety Services to accept a donation of
$2,500.00 from HealthPartners for the Risk Watch Program.
Adopted Yeas - 7 Nays - 0
33. Resolution - 01 -929 - Replacing Council File No. 267621 adopted in 1976 to clean up outdated
language pertaining to health insurance eligibility.
Adopted Yeas - 7 Nays - 0
34. Resolution - 01 -930 - Authorizing payment of $8,750.00 to Gladstone Construction, Inc. in full
settlement of their claim against the City of St. Paul.
Adopted Yeas - 7 Nays - 0
35. Resolution - 01 -931 - Accepting grants from the Metropolitan Council and the Department of Trade
and Economic Development for the remediation of the U.S. Bank Operations Center site on the West
Side Flats.
Adopted Yeas - 7 Nays - 0
36. Preliminary Order - 01 -932 - In the matter of the operation costs of the above standard street lighting
system for Kellogg Boulevard, West Seventh Street, and West Fifth Street from October 1, 2000, to
September 30, 2001, and setting date of public hearing for October 3, 2001. (File 4189060PA)
Adopted Yeas - 7 Nays - 0
37. Resolution Approving Assessment - 01 -933 - In the matter of the assessment of benefits, cost and
expenses for the operation of the above standard street lighting system for Kellogg Boulevard, West
Seventh Street, and West Fifth Street from October 1, 2000, to September 30, 2001, and setting date of
public hearing for October 3, 2001. (File 4189060PA)
Adopted Yeas - 7 Nays - 0
38. Resolution Approving Assessment - 01 -934 - In the matter of the assessment of benefits, costs and
expenses for the Knapp/Hillside Area Paving and Lighting Project and setting date of public hearing for
October 3, 2001. (File 418930)
Adopted Yeas - 7 Nays - 0
39. Resolution Approving Assessment - 01 -935 - In the matter of the assessment of benefits, cost and
expenses for installation of various streets in Ward 7 with bituminous roadway, construction of concrete
curb and gutter, driveway aprons and outwalks, boulevard sodding, tree planting, lantern style lighting
system, and all other work necessary to complete said improvement in conjunction with the
Fifth/Kennard RSVP Paving and Lighting Project, and setting date of public hearing for October 3, 2001.
(File 418935)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
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40. Update from the Saint Paul Libraries concerning safety issues and their internet policy. (Requested by
Council on June 6)
An update was presented by Doug Guthrie, Saint Paul Libraries.
41. Update from the Department of Public Works on the implementation of the newsrack ordinance.
(Requested by Council on August 1)
An update was presented by Tom Kuhfeld, Department of Public Works.
42. Update from the Office of License, Inspections and Environmental Protection on a work plan
addressing the recommendations in the Performance Audit. (A twelve -month update was requested by
Council on February 28, 2000) (Laid over from August 22)
An update was presented by Thomas Riddering, Office of License, Inspections and Environmental
Protection. (An eighteen -month update will be presented on March 6, 2002.)
43. Report from Council Research Center, in consultation with the Police Department and
Administration, regarding the development of a program to educate members of the community on the
provisions of the Racial Profiling Agreement. (Request per Council File 01 -684 adopted on July 11,
2001)
A report was presented by Gerry Strathman, Council Research Center and Assistant Chief
Thomas Reding, Police Department.
Laid over to September 19 Yeas - 7 Nays - 0
44. Resolution - 01 -837 - Seeking to maintain two -way traffic and parking on both sides of Scudder
Street between Blake Avenue and Gordon Avenue as part of the Knapp- Hillside RSVP Project. (Laid
over from August 15)
Laid over to September 12 Yeas - 7 Nays - 0
45. 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 from August 22)
Adopted Yeas - 7 Nays - 0
46. Resolution - 01 -847 - Authorizing the Police Department to enter into an agreement with
Collaborative Movement for Improvement/New Beginnings Center for project coordination of Police
Department issues at the Summit University Weed and Seed Site. (Laid over from August 22)
Laid over to September 12 Yeas - 6 Nays - 0 (Benanav not present for vote)
47. Resolution - 01 -900 - Approving the petition of the Saint Paul Housing and Redevelopment Authority
to vacate the City's interest in an alley in the State Capitol area described as lying within the plat of
Hinken's Rearrangement (block bounded by Cedar Street, Charles Avenue, Como Avenue and Capitol
Heights Boulevard). (Laid over from August 22)
Adopted Yeas - 6 Nays - 0 (Benanav not present for vote)
ORDINANCES
NOTE: AN ORDINANCE IS A CITY LA W ENACTED BY THE CITY COUNCIL. IT IS READ AT FOUR
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SEPARATE COUNCIL MEETINGS AND BECOMES EFFECTIVE AFTER PASSAGE BY THE
COUNCIL AND 30 DAYS AFTER PUBLICATION IN THE SAINT PAUL LEGAL LEDGER.
48.Final Adoption - 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 November 14 for final adoption Yeas - 7 Nays - 0
49. Second Reading - 01 -864 - Amending Chapter 331A of the Saint Paul Legislative Code; properly
citing state law for Food Manager Certification.
Laid over to September 19 for 3rd reading /public hearing
50. Second Reading - 01 -865 - An ordinance memorializing City Council action granting the application
of the City of Saint Paul to rezone property from P -1 (parking district) to RT -2 (fourplex /townhouse
residential) to allow the historic Armstrong House to be moved to 235 Chestnut Street and restored as
housing. (Public hearing held July 11, 200 1)
Laid over to September 12 for 3rd reading
51. Second Reading - 01 -909 - An interim ordinance pursuant to Minnesota Statute 462.355, Subdivision
4, preserving the status quo with respect to the use of property in the area located on Prior Avenue, north
of University Avenue, east of the railroad right -of -way, and south of Minnehaha Avenue (a parcel
presently occupied by the Knox Lumber Company) pending completion of the study and any possible
amendments to the City's Comprehensive Plan or Zoning Ordinance necessary to give effect to the study.
Laid over to September 19 for third reading /public hearing
52. First Reading - 01 -936 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code
altering the hearing requirements for revocation of a provisional taxicab driver's license.
Laid over to September 12 for second reading
(Councilmember Blakey was excused from meeting for Items 53 through 64)
PUBLIC HEARINGS (public hearings will begin at 5:30 p.m.)
53. Resolution - 01 -937 - Concerning request for stay of demolition at 1183 Arkwright Street during
appeal.
Adopted as amended Yeas - 6 Nays - 0
54. 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 July 25) (Legislative Hearing Officer
recommends approval)
Laid over to November 7 Yeas - 6 Nays - 0
55. Resolution - 01 -938 - Ordering the owner to remove or repair the building at 60 Rose Avenue East
within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends granting
six months to complete the rehabilitation of the property)
Adopted (remove or repair within five (5) days) Yeas - 6 Nays - 0
56. Resolution - 01 -939 - Ordering the owner to remove or repair the building at 63 Atwater Street within
five (5) days from adoption of resolution. (Legislative Hearing Officer recommends approval)
Adopted (remove or repair within five (5) days Yeas - 6 Nays - 0
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57. Resolution - 01 -940 - Considering the application for a sound level variance by McGough
Construction to allow excessive construction noise being caused by concrete trucks and concrete pumps
at 236 Smith Avenue North on seven dates beginning on September 1, 2001, and ending approximately
on December 31, 2001, (tentative dates are September 4, 12, 25, October 4, 16, 30 and November 20,
2001) from 3:00 a.m. through 3:00 p.m.
Adopted Yeas - 6 Nays - 0
58. Final Order - 01 -941 - In the matter of the operation and maintenance costs for the Arcade /Case and
the Grand /Snelling parking lots for 2002. (File 418744, 18746)
Adopted Yeas - 6 Nays - 0
59. Final Order - 01 -942 - In the matter of the Seventh Place Mall Operation and Maintenance Cost for
2001. (File 418428 -2001)
Adopted Yeas - 6 Nays - 0
60. Resolution Ratifying Assessment - 01 -943 - In the matter of the Seventh Place Mall Operation and
Maintenance Costs for 2000. (File 418428 -2000)
Adopted Yeas - 6 Nays - 0
61. Resolution Ratifying Assessment - 01 -944 - In the matter of the assessment of benefits, cost and
expenses for the Arcade /Case and the Grand/Snelling parking lots operation and maintenance costs for
2002. (File 418744, 18746)
Adopted Yeas - 6 Nays - 0
62. Resolution Ratifying Assessment - 01 -945 - In the matter of the assessment of benefits, cost and
expenses for removal of dangerous and/or diseased tree(s) from private property for the year 2000
(0001T).
Adopted Yeas - 6 Nays - 0
63. Resolution Ratifying Assessment - 01 -946 - In the matter of the assessment of benefits, cost and
expenses for summary abatement (property clean -up) of property located at 327 Winifred Street East.
(J0104AAA) (On August 1 the Council referred to Legislative Hearing) (Legislative Hearing Officer
recommends approval of the assessment)
Adopted Yeas - 6 Nays - 0
64. Public hearing to consider the appeal of Window Lite Home Improvements, Inc. to a decision of the
Heritage Preservation Commission denying a building permit to replace wood windows with vinyl
windows at 728 Euclid Street.
Motion: Deny the appeal and adopt the Heritage Preservation Commission's July 26, 2001, decision
to deny the building permit and to adopt the findings in the staff recommendation.
Motion Failed Yeas - 3 Nays - 3 (Bostrom, Harris, Reiter)
Reconsidered Vetoed Item
Resolution - 01 -823 - Memorializing City Council action taken on June 27, 2001, granting the appeal of
Shannon O'Keefe and modifying the Planning Commission's decision to allow Buffalo Sober House to
operate at 97 North Oxford Street. (Adopted by the City Council on August 15, 2001, and vetoed by
Mayor Coleman on August 27, 2001)
Reconsidered, veto overridden and adopted Yeas - 5 Nays - 2 (Benanav, Reiter)
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Reconsidered Item
Final Order in Condemnation Proceedings - 01 -906 - 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 -A) (Adopted by the City Council on August 22, 200 1)
Reconsidered and laid over to September 12 Yeas - 7 Nays - 0
Suspension Items
Resolution - 01 -947 - Directing the City Attorney's Office to agree and stipulate to the intervention of
intervenors regarding the public nuisance civil action against MBC Holding Company, Gopher State
Ethanol LLC and MG -CO Saint Paul LLC, Court File No. C5 -01 -5074.
Adopted Yeas - 7 Nays - 0
Resolution - 01 -948 - Approving non - exclusive conditions that must be agreed to by the defendants
before any settlement of the litigation will be approved by the City Council in the matter of the complaint
filed in Ramsey County District Court against Gopher State Ethanol LLC, MBC Holding Company and
MG -CO2 Saint Paul LLC.
Adopted Yeas - 6 Nays - 1 (Reiter)
Resolution - 01 -949 - Authorizing and directing the proper City officials to enter into a purchase
agreement and complete the purchase of 1781 Minnehaha Avenue East from the North East
Neighborhood Development Corporation (NENDC).
Adopted Yeas - 6 Nays - 0 (Blakey not present for vote)
Councilmember Lantry requested that the City Council's Policy Session topic on October 17, 2001, be a
report from the Downtown Traffic Transit and Parking Task Force on their findings regarding downtown
traffic, etc.; also information be provided regarding the Cleveland Circle.
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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