Approved Minutes 11-12-1997 •
SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, November 12, 1997 - 3:30 P.M.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:40 p.m. by Councilmember Harris.
Present - 5 - Bostrom, Collins, Harris, Megard, Morton
Absent - 2 - Blakey, Thune (arrived after the consent agenda)
MISCELLANEOUS
64. Recognition of Retiring City Employee.
Darlene Hagen, Department of Public Works, was recognized for 29 years of service to the City.
CONSENT AGENDA
FOR ACTION
Councilmember Morton requested Item #12 be removed for discussion.
Councilmember Collins requested Item #19 be removed for discussion.
Nancy Anderson made an amendment to Item #22 as noted below
Councilmember Collins moved approval of the consent agenda as amended.
Yeas - 5 Nays - 0 (Thune not present)
The City Council meeting was recessed for the Housing and Redevelopment Authority meeting was called
to order for consideration of the Consent Agenda. Present - 6 Absent - 1 (Thune)
The HRA meeting was recessed and the City Council meeting was resumed.
1. Claims of Allstate Insurance Company, Jean Andrews, Susanne Davis, Katherine and Francis
Miley, Dat Thanh Nguyen, Charles Pahl, Cynthia Skarnvlis, Tennille Tobolaski, and Naree
Weaver.
Referred to Employee/Risk Management Division
2. Summons, Motion for Temporary Restraining Order, Order to Show Cause and Temporary
Restraining Order, Notice of Motion and Motion for Temporary Injunction, and Complaint in the
matter of Richard Tschida vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
3. Letter from the Real Estate Division recommending approval of reduction in assessed valuation for
Ramsey County Abatement #AC97-6472 - Phalen Park Shopping Center.
Adopted Yeas - 5 Nays - 0
November 12, 1997 City Council Summary Minutes Page 2
4. Letter from Saint Paul Fire/Division of Code Enforcement declaring 2125 Waukon Avenue as
"nuisance property." (For notification purposes only; public hearing will be scheduled at a later
date if necessary.)
5. Administrative Orders:
D001371 Amending the budget of the Community Development Block Grant Fund by moving
funding from Contingency to the Margaret Recreation Center project.
D001372 Addition of$5,341.00 to the contract for the Rice & Arlington Sports Dome Support
Building.
D001373 Addition of$82,695.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001374 Addition of$5,866.00 to the contract for elevator addition and interior remodeling at
Arlington Hills Branch Library, 1105 Greenbrier Street.
D001375 Addition of$13,097.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001376 Addition of$23,813.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001377 Addition of$46,650.22 to the contract for University I & I C-95-2T628-0784-29223.
Noted as on file in the City Clerk's Office
6. Executive Orders:
E-53 Establishing Loss of Driving Privileges Administrative Procedures.
E-54 Amending Executive Order E-49 dated January 5, 1995, which established a drug and
alcohol testing policy for employees who operate commercial motor vehicles as
required by the Federal Highway Administration.
Noted as on file in the City Clerk's Office
7. Resolution - 97-1342 - Approving the appointments of Judith Benton, Greg Copeland, Robert
Englehardt, John Margot, Marilyn Porter, and Jose Verdja, by Mayor Coleman,
to the Saint Paul Long-Range Capital Improvement Budget Committee.
Adopted Yeas - 5 Nays - 0
8. Resolution - 97-1343 - Approving the appointments of Lillian Micke and Katherine Hadley, by
Mayor Coleman, to the Saint Paul Public Housing Agency Board of Commissioners.
Adopted Yeas - 5 Nays - 0
9. Resolution - 97-1344 - Approving the Memorandum of Agreement between the City of Saint Paul
and AFSCME 3757-Legal. (To be laid over one week for adoption)
Laid over to November 19 for adoption
10. Resolution - 97-1345 - Finalizing City Council action taken October 22, 1997 denying the Taxicab
Driver's License renewal application submitted by Daniel R. Breckman.
Adopted Yeas - 5 Nays - 0
November 12, 1997 City Council Summary Minutes Page 3
11. Resolution - 97-1346 - Accepting a $2,500.00 donation from the City and Employee Credit Union
to the City for the City employee newsletter "Let's Talk."
Adopted Yeas - 5 Nays - 0
12. (Discussed after the consent agenda)
13. Resolution - 97-1348 - Authorizing the proper City officials to request SCORE State Recycling
Grant Funds from Ramsey County in the amount of$545,290 for support of the Citywide curbside
and multi-family recycling collection program in 1998.
Adopted Yeas - 5 Nays - 0
14. Resolution - 97-1349 - Increasing the spending authority within the Asphalt Plant Internal Service
fund based on projected total 1997 revenues and spending.
Adopted Yeas - 5 Nays - 0
15. Resolution - 97-1350 - Amending the spending and financing plans of the 1996 Capital
Improvement Budget for Dale Street Reconstruction by transferring funding from MSA
Contingency and the Dale Street Acquisition projects.
Adopted Yeas - 5 Nays - 0
16. Resolution - 97-1351 - Authorizing the proper City officials to accept $305,000.00 in State of
Minnesota Enterprise Zone Incentive Grant Funds to spur business and employment growth.
Adopted Yeas - 5 Nays - 0
17. Resolution - 97-1352 - Removing BCED Minnesota Inc. and Minnesota Landmarks Inc. from the
Cafesjian Carousel Funding Agreement.
Adopted Yeas - 5 Nays - 0
18. Resolution - 97-1353 - Removing BCED Minnesota Inc. and Minnesota Landmarks Inc. from the
Cafesjian Carousel Permit and Operations Agreement.
Adopted Yeas - 5 Nays - 0
19. (Discussed after the consent agenda)
20. Resolution - 97-1355 - Setting public hearing date for December 3, 1997, to consider increasing
Sewer Service Availability Charge from $950.00 to $1,000.00 beginning January 1, 1998.
Adopted Yeas - 5 Nays - 0
21. Resolution - 97-1356 - Authorizing the purchase of two parcels of vacant land for the Highwood
Bluff Acquisition Project.
Adopted Yeas - 5 Nays - 0
November 12, 1997 City Council Summary Minutes Page 4
22. Preliminary Order - 97-1357 - In the matter of condemning and taking a permanent utility
easement for the reconstruction of the Wabasha Street Bridge, and setting date of public hearing
for December 3, 1997. (File #18794-E2)
Adopted Yeas - 5 Nays - 0
23. Preliminary Order - 97-1358 - In the matter of Phalen Village Public Improvements in realigned
Prosperity Avenue from Johnson Parkway to Rose Avenue, and setting date of public hearing for
January 7, 1998. (File #18866)
Adopted Yeas - 5 Nays - 0
24. Preliminary Order - 97-1359 - In the matter of construction and/or repair of sanitary sewer, storm
sewer and/or water service connections, if requested by the property owner, in conjunction with
the Phalen Village Public Improvements, and setting date of public hearing for January 7, 1998.
(File #18866-corm)
Adopted Yeas - 5 Nays - 0
12. Resolution - 97-1347 - Approving the rate of pay for two deputy director positions to be
established in the Office of License, Inspections and Environmental Protection.
Wendy Lane appeared on behalf of the St. Paul Supervisors Organization (SPSO), the bargaining
unit which represents the deputy director title. She said they had a concern about the title "Deputy
LIEP Director-Construction." It is a title that had previously been "Building Code Officer." This
position is responsible for directing enforcement and inspections of all new construction activity
within the City and the previous incumbent retired recently. It was previously in Grade 32 and the
proposal is that it be downgraded to Grade 26 which SPSO has a concern with, Ms. Lane stated.
The job description, duties, and minimum qualifications remain the same. There would be a
decrease in salary without a decrease in responsibilities. SPSO is concerned about the ability to
attract the best possible candidates with the reduced salary.
(Thune arrived)
John Shockley, Office of Human Resources, stated that the salary at Grade 32 is $82,770; the
proposal is to change it to $69,878 which is the G step. However, Mr. Shockley stated that the
salary step level can be determined by the appointing officer based on experience.
Council President Thune said he felt the salary was too low considering the responsibilities of the
position.
This is not the same position that was evaluated and placed in Grade 32 several years ago,
Shockley said. The position at that time was a division manager of the Department of Community
Services. This newly designed position was evaluated using the classification, compensation and
job evaluation system and placed at an internal worth of Grade 26 based upon the internal equity
in the City. If Human Resources were to find that they could not recruit or retain someone at
Grade 26, they would come back to the Council with a request to upgrade the position.
November 12, 1997 City Council Summary Minutes Page 5
Councilmember Harris moved approval.
Councilmember Morton moved to amend the resolution from Grade 26 to Grade 30.
Yeas - 4 Nays - 3 (Blakey, Bostrom, Harris)
Councilmember Morton moved approval of the resolution as amended.
Adopted as amended Yeas - 4 Nays - 3 (Blakey, Bostrom, Harris)
19. Resolution - 97-1354 - Allowing the City to sell Cafesjian's Carousel to Our Fair Carousel Inc.
Vic Wittgenstein, Division of Parks and Recreation, appeared and requested this item be laid over
one week.
Councilmember Blakey moved to lay over one week. Yeas - 7 Nays - 0
FOR DISCUSSION
25. Resolution - 97-1246 - Establishing policy guidelines for a certificate of occupancy requirement
for non-owner occupied one- and two-unit rental dwellings. (Laid over from October 22)
(This item was discussed with #30)
26. Resolution - 97-1323 - Approving funding of the City's 1997 portion of the costs for the design
and construction of a new RiverCentre Arena. (Laid over from November 5)
Councilmember Bostrom moved approval.
Councilmember Megard moved to lay over two weeks in order to allow time to receive the
information that was requested regarding spending.
Joe Reid, Budget Office, appeared and stated that a two week layover would put the schedule at
risk in getting the pre-design work and the design work done on time. The principle issue is to
provide funding between this time and the end of the year. The money would be reimbursed in
1998 from the financing that is made available for the City's share of the arena.
Councilmember Bostrom submitted substitute language for lines 16, 17 & 18 clarifying the City's
share of the project costs.
Councilmember Megard noted that the Legislature will be meeting in special session on November
13 to discuss stadium issues. She did not feel approval of this expenditure should go forward until
the Council has a better sense of what the Legislature will do.
Councilmember Collins stated that the Council previously made a decision to support the arena
and he encouraged the Council to move forward on the resolution. Councilmember Morton and
Thune also spoke against a layover.
November 12, 1997 City Council Summary Minutes Page 6
Councilmember Megard said that at the time it was voted on by the Council, they did not have an
idea of the interest costs which they now do. The arena will cost $200 million in principle and
interest if the City is forced to finance it.
Joe Reid said there is a very tight time schedule on this construction project as construction is
scheduled to begin shortly after April 10, 1998. The City has committed to participate in this
project and the Budget Office must see that they are able to borrow the money at the most
reasonable terms possible and to work with the Legislature to insure that they do take on the
State's share. The arena must be open by September 2000.
Vote on Councilmember Megard's motion to lay over. Yeas - 2 Nays - 5 (Bostrom, Collins,
Harris, Morton, Thune) Failed
Vote on Councilmember Bostrom's motion for approval.
Adopted as amended Yeas - 7 Nays - 0
27. Report by the Administration on a plan to identify current and future job opportunities with the
City and how individuals moving off welfare may be identified and trained to fill these position.
(Requested on October 8, C.F. 97-1243) (Laid over from November 5)
Councilmember Blakey stated that he reviewed the Administration's report and his thought from
the report was that for anyone coming off of welfare benefits and trying to get a job, it would not
be worthwhile for them to look to the City for employment opportunities.
John Hamilton, Office of Human Resources, responded that the environment in which the City
deals greatly restricts how people can be brought into the organization. There are a small number
of positions that are filled through competition. There is one vehicle available through the Civil
Service Rules where the City can bring people into training positions. It generally requires the
consent of the Civil Service Commission and agreement with labor. There are not a lot of options
available, Mr. Hamilton said.
Councilmember Blakey asked how many positions could be created through the training program.
Mr. Hamilton responded that he did not think it was restricted or limited by any number and that
as many positions could be created as there were needs in the City.
After people are trained, Mr. Hamilton said, they would come into the City with the
understanding that they would be starting in a special pilot training program and upon completion
the intent will be that they will become full-time employees.
Councilmember Blakey requested that a plan be drawn up to pursue whatever needs to be done
with Civil Service and Labor to bring people in. Mr. Hamilton said it could take six to twelve
months to set up the program. They are presently working to create a position similarly situated
to bring some people into non-traditional jobs and have been working on it for two years. They
would try to move the program as quickly as possible but it requires the cooperation of a lot of
parties to make it work.
November 12, 1997 City Council Summary Minutes Page 7
Councilmember Blakey asked if Ramsey County is facing the same barriers as the City with
creating jobs. Mr. Hamilton responded that the County is not bound by the absolute promotion
rule that the City has so they have more available openings.
Discussion ensued amongst the Councilmembers and Mr. Hamilton.
(Thune left during the discussion)
The City Council requested that the Administration create a pilot program plan and report back at
the December 10 City Council meeting.
PUBLIC HEARINGS
32. Public hearing to consider the application of Maui Pacific, Inc. (Ramsey Hill Townhomes, 356-
376 Ramsey Street) for a preliminary and fmal plat to allow each new townhome currently under
construction to be subdivided and sold as separate units and recorded with Ramsey County
Records. (Laid over from November 5 for continuation of public hearing)
(Thune returned)
Department of Planning and Economic Development (PED) staff requested that conditions be put
on the plat as the Office of License, Inspections and Environmental Protection (LIEP) was
concerned with the type of construction on the walls between units and they would like to have a
condition that, except for any minor work that would be done, any work that is done on the
common walls would have to be done with permits from LIEP and that the resolution and
condition be recorded along with the plat and also in the townhouse declaration. PED also
recommended that all existing private easements on this property be retained and a new plat map
be prepared as a condition of approval of the plat.
Council President Thune said he would request a layover as there were issues of access that have
not yet been resolved.
Larry Berg, Attorney with Fredrikson and Byron PA, appeared and outlined some of his concerns.
The issues regarding access may not be settled within the next few weeks, he said. Once they get
into 1998, he said they will not be able to file the plat without paying the entire year's taxes on all
of the property affected by the plat; therefore, there is not a lot of time. Being on the committee
that wrote and is re-writing the statute that deals with condominiums and what used to be called
townhouses, he said there is no longer a difference - that townhouses can be platted on a
condominium plat and condominiums can only be platted on a condominium plat. There is no
longer a difference in Minnesota between a townhouse and a condominium but is simply a
marketing tool. Mr. Berg requested that this issue not be laid over.
Councilmember Bostrom moved to lay over four weeks and continue the public hearing.
Laid over to December 10 for continuation of public hearing
Yeas - 7 Nays - 0
November 12, 1997 City Council Summary Minutes Page 8
33. Resolution - 97-1360 - Approving application for an On-Sale malt (strong beer) and a Wine On-
Sale License by Ruam Mit Thai Cafe, Inc. 475 St. Peter Street. (ID #89316)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
(Blakey was not present for the votes on Items 34-40)
34. Resolution - 97-1361 - Approving application for a Dance or Rental Hall License by Windmill
Market Attractions Inc. A M, dba Windmill Market, 122 Wabasha Street South. (ID #85297)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0
35. Resolution - 97-1362 - Approving application for an Entertainment - Class A License by Debra
Johnson, dba Sports Break, 1199 Rice Street. (ID #31934)
No one appeared in opposition; Councilmember Collins moved approval.
Adopted Yeas - 6 Nays - 0
36. Resolution - 97-1363 - Approving application for a State Class B Gambling Premise Permit by
Payne-Arcade Business Association at Minnesota Music Club, 499 Payne Avenue. (ID #B-03785)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0
37. Resolution - 97-1364 - Approving application for a Gambling Manager's License by Steven
Leafgren, dba Payne-Arcade Business Association at Minnesota Music Club, 499 Payne Avenue.
(ID #98324)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0
38. Resolution - 97-1365 - Approving application for a Gambling Manager's License by Minnesota
Waterfowl Association at Beaver Lounge, 756 Jackson Street and at Ron's Bar, 879 Rice Street.
(ID #86890 & 92987)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
39. Resolution - 97-1366 - Approving application for a Parking Lot/Ramp License by J. M. Keefe
Co., dba Keefe Company Parking, 137 Robert Street South. (ID #24244)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0
(Items #40 & 41 were discussed together)
40. Resolution - 97-1367 - Approving application for a Second Hand Dealer-Motor Vehicle License
by Crosstown Auto, All In One-Used Autos, 1440 Marshall Avenue (ID #54599)
Laid over to November 26 Yeas - 6 Nays - 0
November 12, 1997 City Council Summary Minutes Page 9
(Blakey returned, Thune left)
41. Resolution - 97-1368 - Approving application for a Second Hand Dealer-Motor Vehicle Parts and
Automotive Repair Garage License by All In One-Used Parts & Auto Sales, Inc., 1440 Marshall
Avenue. (ID #47227)
Bob Kessler, Office of License, Inspections and Environmental Protection, stated that the analysis
has not been completed as there are still problems to be resolved at this location. The applicant
has agreed to a number of conditions but there are additional concerns and he felt they would need
about two weeks to work with the applicant and resolve the issues.
The following individuals appeared to address this issue:
John Van Hecke, 1380 Ashland Avenue, Snelling-Hamline Community Council. He asked that
the Council take a serious look at the application because of concerns raised by the applicant's
business neighbors approximately one year ago when he applied for a site permit to construct All
In One Used Auto. A number of issues were raised and they were incorporated into a site plan.
Mike Wilhelmi, 1479 Hague Avenue, Neighborhood Issues Chairman of the Snelling-Hamline
Community Council, presented seven conditions that the Community Council requested be
attached to the license.
Jim Thompson, Architect for Clyde Payne, owner of Crosstown Auto stated that some of the
difficulties Mr. Payne is trying to overcome is that he cannot expand his salvage yard. What is
being done is to create a second business at a location next door to his existing business. The
conditions presented by the Community Council are associated with Crosstown Auto at 1218
Pascal Street. He said they have met with the neighbors in an attempt to alleviate problems
Clyde Payne, business owner, appeared and said he is aware of the concerns and he intends to take
care of the problems. Due to construction that is taking place next door, it is currently overly
congested around the property because parking space has been eliminated. There will be off-street
parking at the new location and he said that will help him address some of the concerns raised.
Gene Thill, 1472 Iglehart Avenue, appeared in opposition to the expansion and expressed concerns
about the paint condition of the building, said the license tabs are not current on the semi-trailer
used to tow crushed cars, he would like to see a fence constructed to block the materials that is
stored, and the property cleaned up if the expansion is allowed.
Councilmember Megard moved to close the public hearing. Yeas - 6 Nays - 0 (Thune not
present for vote)
Councilmember Megard stated that this business has been an on-going situation in Ward 4 for a
number of years. The City has tried to get compliance with various issues. She requested that the
owner agree to the conditions on 1218 Pascal.
November 12, 1997 City Council Summary Minutes Page 10
Councilmember Megard moved to lay over two weeks.
Laid over to November 26 Yeas - 6 Nays - 0 (Thune not present for vote)
42. Resolution - 97-1369 - Concerning Taxicab Vehicle Licenses held by CIN, Inc. & JNJ, Inc., dba
City Wide Cab Co. (Uncontested)
Kathy Wendell, City Wide Cab Co., appeared and asked that the licenses remain with City Wide
Cab as they have been with them since the end of 1978. The licenses reverted back to the City in
May, 1997.
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection appeared. This is an action to declare that the licenses have been
abandoned because the renewal fees were not paid, she explained. A preceding case concerned an
adverse action to determine the status of the licenses - that they couldn't be transferred from the
corporations of CIN and JNJ to the personal executor. The Council adopted a resolution
indicating that once probate was done the licenses could not be transferred. Based on that action,
renewal fees were not paid and they were due April 30, 1997. A notice of violation was sent to
declare the cabs abandoned.
(Thune returned)
Pat Burkett-Jones, City Wide Cab, appeared and stated that Mr. Johannes, who is deceased,
started City Wide Cab. She spoke in support of allowing the licenses to remain with City Wide
Cab.
The public hearing was closed.
Virginia Palmer reiterated that the Council previously adopted a resolution indicating that the
licenses could not be transferred and that it would be a person-to-person transfer once the probate
was closed. Subsequently, the ordinance was amended and some limited transferability was
allowed. However, that ordinance was adopted after action was taken on these cabs and it is not
retroactive. Th Council determined that those licenses were not transferable to City Wide and that
they would revert back to the City at the time probate was done.
Ms. Palmer provided additional background information saying that the licenses came up for
renewal on April 30, 1997 and because of the prior decision of the Council that the licenses were
not going to be transferable, the executor determined not to renew the licenses. If the Council
were to grant the request, Ms. Palmer felt the prior resolution would have to be rescinded. She
further explained that this issue was before the Council on an adverse action against these four
taxicab licenses because it was the provision of Licensing that there had been an improper person-
to-person transfer of stock of a taxicab license when the stock in the corporation was transferred
from the deceased owner and sold to the personal representative executor. The Council adopted a
resolution finding that there had not been a transfer at that time but that once it was actually
transferred to another company it would be a prohibited person-to-person transfer. That meant
that the licenses were not going to be able to be sold, transferred or given away by CIN and JNJ.
November 12, 1997 City Council Summary Minutes Page 11
That was the determination made after a full administrative law judge hearing and a hearing before
the Council. Because of that decision, it was clear that it would be pointless to renew the licenses.
Following this, there was an ordinance change that was adopted on August 13, 1997 that made
some limited transferability of corporate licenses. The ordinance did not become effective until 30
days after adoption and there was no retroactive clause.
Council President Thune suggested the resolution be laid over two weeks for further study of the
issue. During the two week period, Councilmember Megard requested that LIEP explain why
they subsequently recommended transfers between corporations.
Councilmember Bostrom moved to lay over two weeks.
Laid over to November 26 Yeas - 7 Nays - 0
43. Resolution - 97-1370 - Concerning Licenses held by Bilco, Inc., dba Billy's On Grand, 857 Grand
Avenue. (Uncontested)
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection stated that this matter is an adverse action involving the sale of alcohol
to a minor but they were proceeding on the violation of the condition that requires carding of
people prior to the sale of alcohol. Conditions were placed on this license in 1991 including a
condition that the licensee shall adopt a policy of uniform carding which will require all employees
to card every person seeking to purchase an alcohol beverage at this establishment before a sale is
made. On August 5, 1997 a compliance check was done using two females under age 21. Liquor
was served to them without requesting identification. Because of the conditions on this license, it
is being pursued as a violation of a condition and a recommendation for a fine of$2,000 was
made.
Brian Alton, attorney for Billy's On Grand, appeared and stated he did not contest the violation of
the condition. He noted that there is a policy in place at Billy's to follow the conditions. He
extended regrets for this incident.
William Wendler, owner of Billy's on Grand, appeared and stated his employees receive training
on a yearly basis and he will make every effort to see that violations do not occur in the future.
Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
44. Resolution - 97-1371 - Concerning Licenses held by Midway Party Rental, 1607 University
Avenue West. (Uncontested)
Councilmember Megard withdrew the resolution as the fees had been paid.
(Harris left)
November 12, 1997 City Council Summary Minutes Page 12
45. Resolution - 97-1372 - Concerning Cigarette License held by Blue Marine Market, 1186
Prosperity Avenue. (Uncontested)
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection, stated that this matter involves adverse action for the sale of cigarettes
to a minor on September 19, 1997. There was a prior violation of cigarette sales on a minor on
May 6, 1996. The license is held by a corporation which has not changed but the officers did
change which was reported in August of 1997; however, because the corporate licensee has not
changed, LIEP is recommending a penalty for a second time offense which would be a
presumptive penalty of$400.00.
Sherali Salemohamed, Manager of the Blue Marine Market, appeared and requested that this be
treated as a first offense due to the change of ownership in October, 1997.
The public hearing was closed.
Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
46. Resolution - 97-1373 - Considering an extension of time to rehabilitate the building located at 421
Blair Avenue.
The property owner appeared and stated that the rehabilitation of this home is about one-half
completed and he requested an extension of time.
Councilmember Blakey moved to amend the resolution to allow an extension of 180 days and that
an inspection be done after the 180 days time period.
Adopted as amended Yeas - 6 Nays - 0 (Harris not present for vote)
47. Resolution - 97-1374 - Approving the decision of the Legislative Hearing Officer on Property
Code Enforcement Appeals for property located at 1141 University Avenue, 1162 Edgerton Street,
222 Frank Street, 271 Earl Street, and 1865 Wilson Avenue #305.
No one appeared in opposition.
Councilmember Blakey moved to lay over 1141 University Avenue to December 10 and moved
approval of the resolution as amended.
Adopted as amended Yeas - 6 Nays - 0 (Harris not present for vote)
(1141 University Avenue laid over to December 10)
(Harris returned)
November 12, 1997 City Council Summary Minutes Page 13
48. Resolution - 97-394 - Ordering the owner to remove or repair the building at 908 Hague Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval) (Laid over from October 22)
Councilmember Blakey stated that on October 22 a request was made for a work plan to come
back to the Council.
Reneta Weiss, Public Health, reported that a work plan had not been submitted.
Barbara Ross, representing Household Finance, the owner of the property, appeared and stated
that Household has had difficulty in finding contractors willing to do estimates and a work plan
which she felt was due to the extensive nature of the work required on the building. The property
has been cleaned up and is secured and trash has been removed. She requested additional time so
they can attempt to get estimates and do a work plan.
Councilmember Blakey moved to lay over four weeks.
Laid over to December 10 Yeas - 7 Nays - 0
49. Resolution - 97-1336 - Ordering the owner to remove or repair the property at 1840 Minnehaha
Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval) (Laid over from November 5)
No one appeared in opposition; Councilmember Morton moved approval.
Yeas - 7 Nays - 0
50. Resolution - 97-1375 - Ordering the owner to remove or repair the building at 1107 Burns Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
allowing the owner six months to complete rehabilitation of the building)
No one appeared in opposition; Councilmember Morton moved approval.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
51. Resolution - 97-1376 - Ordering the owner to remove or repair the building at 1132 Central
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends allowing the owner six months to complete rehabilitation of the building)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
52. Resolution - 97-1377 - Ordering the owner to remove or repair the building at 741 Edmund
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends laying over to the December 2 Legislative Hearing)
No one appeared in opposition; Councilmember Blakey moved to lay over to December 10.
Laid over to December 2 Legislative Hearing and December 10 City Council Meeting
Yeas - 7 Nays - 0
November 12, 1997 City Council Summary Minutes Page 14
53. Resolution - 97-1378 - Ordering the owner to remove or repair the building at 404 Erie Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
No one appeared in opposition; Councilmember Bostrom moved approval.
Yeas - 7 Nays - 0
54. Resolution - 97-1379 - Ordering the owner to remove or repair the building at 275 Harrison
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends laying over to the December 16 Legislative Hearing)
No one appeared in opposition; Councilmember Megard moved to lay over to January 7.
Laid over to December 16 Legislative Hearing and January 7 City Council Meeting
Yeas - 7 Nays - 0
55. Resolution - 97-1380 - Ordering the owner to remove or repair the building at 96 Robie Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
No one appeared in opposition; Councilmember Megard moved approval.
Yeas - 7 Nays - 0
56. Resolution - 97-1054 - Authorizing Street Maintenance Charges for 1998 at basically the same
level as 1997. (Laid over From August 27)
No one appeared in opposition; Councilmember Blakey moved approval.
Yeas - 7 Nays - 0
57. Resolution - 97-1381 - Authorizing 1998 Sanitary Sewer Charges and Storm Sewer System
Charges.
No one appeared in opposition; Councilmember Blakey moved to lay over three weeks.
Laid over to December 3 Yeas - 7 Nays - 0
58. Resolution - 97-1281 - Concurring with action taken by the Board of Water Commissioners
establishing the water rates for 1998. (Amended October 22 and reconsidered October 29)
No one appeared in opposition; Councilmember Harris moved approval.
Yeas - 7 Nays - 0
59. Resolution - 97-1382 - To consider the vacation of a portion of Hoyt Avenue East. (File #1997-
13)
No one appeared in opposition; Councilmember Collins moved approval.
Yeas - 7 Nays - 0
(Bostrom left)
60. Public hearing regarding petition alleging public nuisances at 556-558 Blair Avenue. (Public
hearing will be laid over to February 11, 1998)
Councilmember Blakey moved to lay over to February 11
Laid over to February 11 Yeas - 6 Nays - 0 (Bostrom not present for vote)
November 12, 1997 City Council Summary Minutes Page 15
(Bostrom returned)
61. Public hearing to hear comments on whether the requested transfer of the cable television
franchise from Continental Cablevision of St. Paul, Inc. to Charter Communications, Inc. may
adversely affect Saint Paul cable subscribers. Those wishing to submit written comments on this
matter may send them to Holly Hanson, Cable Officer, City of Saint Paul, 68 City Hall, 15 West
Kellogg Boulevard, Saint Paul, MN 55102. (Public hearing continued from September 24)
Gerry Strathman, Council Research, appeared to address this issue. He said there are three issues
pending with respect to the cable television franchise. All three of the issues are intersecting so
the timing is critical.
The first issue is that the City Cable Officer has issued a notice of violation to Continental
Cablevision of Saint Paul, the current holder of the cable television franchise, as a result of their
failure to make corrections to the I-Net that were agreed to as part of the transfer from Continental
to US West that occurred in November, 1996. They submitted a corrective plan in March, the
City Council reviewed it and found it to be inadequate. Staff has been working with Continental
in an attempt to reach an agreement that would make it unnecessary for the Council to initiate
proceedings to terminate the franchise. That agreement had not yet been reached; however, Mr.
Strathman felt it would be reached in the near future. A new corrective plan will be presented to
the Council by Continental on November 26, 1997.
Issue number two is that US West is prohibited by law from purchasing the franchise; however,
the FCC gave them a waiver and allowed them to purchase it on the condition that they have an
agreement to divest themselves of the St. Paul television franchise as of August 15, 1997. Prior to
that date, US West entered into an agreement with Charter Communications, a company
headquartered in St. Louis, whereby the St. Paul franchise would be sold to Charter
Communications in St. Paul. Pursuant to that business arrangement between US West and a series
of holding companies and Charter Communications, Charter Communications submitted a request
to the City Council for approval of transferring the franchise effectively from US West to Charter
Communications which is the matter before the City Council at this time. The public hearing has
been continued several times because staff had concerns with respect to the proposed transfer and
have been meeting with Charter and other representatives to try to get answers to those concerns
so the Council can make an informed decision on the transfer. Mr. Strathman proposed that the
hearing be continued to December 3. The risk involved in following this recommendation is that
under the federal law that governs these type of transfers and the City's approval of them, the City
must act within a certain time frame and the City's failure to act would constitute approval. The
current deadline for City action is December 3, 1997.
The third issue is that the St. Paul cable television franchise is due to expire in May 1999. Under
the process for reviewing, renegotiating, and renewing franchises, typically under federal law it is
a six month process.
Mr. Strathman said the plan staff proposes to follow, with the Council's approval of the extension,
is rather than waiting until the current schedule of May 1999, that the City would be better served
November 12, 1997 City Council Summary Minutes Page 16
if it were to enter into franchise renewal proceedings with Charter right now. In order to do that,
it would be necessary to have the renewal processes concluded by mid-January because the 600
million dollar transaction, of which St. Paul is a part, has to be concluded by early next 1998
because of the various people and deadlines involved.
There are two courses of action that may unfold and Mr. Strathman said he felt both of them can
be followed. One would be that the City Council would conclude that they did not want to
approve the transfer to Charter Communications. The decision would have to be made on
December 3. If the Council is satisfied with the transfer on December 3, it could be approved at
that time. Failure to make a decision on December 3 would constitute approval.
The other course of action which staff is recommending would be to hold further discussions with
all of the parties involved and see if there is a climate on the part of all parties in the City whereby
a renewal would be done within the next 60 days. If this were the case, the other parties have
indicated they would be willing to give an extension into mid-January for the City Council to
make a decision. Staff feels if a renewal agreement could be accomplished by mid-January, it
would be better to do that than to wait until May of 1999.
Councilmember Megard moved to continue the public hearing to December 3.
Laid over to December 3 for continuation of public hearing Yeas - 7 Nays - 0
(Blakey left)
62. Resolution - 97-1383 - Authorizing the modification of the Tax Increment Financing Plan for the
Seventh Place Tax Increment Financing District and Creation of the Block 4 Redevelopment Tax
Increment Financing District and approving the Tax Increment Financing Plan related thereto.
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0 (Blakey not present for vote)
63. Resolution - 97-1384 - Making necessary findings in connection with modifying the Prom/3M
Redevelopment Project Area.
No one appeared in opposition; Councilmember Collins moved approval.
Adopted Yeas - 6 Nays - 0 (Blakey not present for vote)
Suspension Items
Councilmember Collins moved for suspension of the rules and approval of the following
resolution:
Resolution - 97-1291 - Ordering the owner to remove or repair the building at 800 Como Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
allowing the owner six months to repair the building provided the vacant building fee is paid, a
$2,000 bond is posted, and a code compliance inspection is obtained by noon, October 22)
(Reconsidered and laid over from October 29 to November 12)
Adopted as amended (per recommendation of the Legislative Hearing Officer) Yeas - 7 Nays - 0
November 12, 1997 City Council Summary Minutes Page 17
Councilmember Bostrom moved for suspension of the rules and approval of the following
resolution:
Resolution - 97-1385 - Accepting a Local Law Enforcement Block Grant in the amount of
$644,215.00.
Adopted Yeas - 6 Nays - 0 (Blakey not present for vote)
Councilmember Bostrom moved for suspension of the rules and approval of the following
resolution:
Resolution - 97-1386 - Approving application for a Restaurant (B), On-Sale Malt and Wine On-
Sale License by Carbone's A Family Corporation, dba The Napoli Cafe, 1406 White Bear
Avenue. (ID #88452)
Adopted Yeas - 6 Nays - 0 (Blakey not present for vote)
Councilmember Megard moved for suspension of the rules and approval of the following
resolution:
Resolution - 97-1387 - Approving the canvass and making the results official for the Saint Paul
General Election held November 4, 1997.
Adopted Yeas - 6 Nays - 0 (Blakey not present for vote)
The City Council meeting was recessed for consideration of the Housing and Redevelopment Authority
agenda. Present- 6 Absent - 1 (Blakey)
The City Council meeting was resumed.
ORDINANCES
28. Final Adoption - 97-1277 - Amending Chapter 27 of the Saint Paul Administrative Code by
adding a Section 27.08 reflecting change in the residency ordinance enforcement resulting from
arbitration award. (Substitute introduced on October 22)
Councilmember Megard moved approval
Adopted Yeas - 6 Nays - 0 (Blakey not present for vote)
29. Final Adoption - 97-1286 - An ordinance amending Ordinance No. 13537, adopted January 31
1967, pertaining to truck routes.
Councilmember Megard moved approval
Adopted Yeas - 6 Nays - 0 (Blakey not present for vote)
31. Second Reading - 97-1324 - An ordinance amending Chapters 116 and 135 of the Saint Paul
Legislative Code to provide for regulation of private construction in the public right-of-way.
Laid over to November 26 for third reading/public hearing
(Councilmember Collins was excused at this time)
November 12, 1997 City Council Summary Minutes Page 18
(Item #25 and 30 were discussed together)
25. Resolution - 97-1246 - Establishing policy guidelines for a certificate of occupancy requirement
for non-owner occupied one- and two-unit rental dwellings. (Laid over from October 22)
Councilmember Bostrom moved to lay over one week.
Laid over to November 19 Yeas - 6 Nays - 0 (Collins not present for vote)
30. Final Adoption - 97-1247 - Amending the Saint Paul Legislative Code Sections 33.02 and 33.05 to
update the building code and to require a certificate of occupancy for one-and two-family rental
dwellings which are not occupied by the owner.
Councilmember Megard moved approval.
Roger Curtis, Mayor's Office, appeared and stated that the Administration supports the goals of
the program and they want to continue to find ways to achieve those goals. However, the
information that they have come up with as they reviewed the proposal compels them to urge the
Council not to do anything too hastily as the Administration feels there are other issues that need
to be looked at and considered. He requested a three month extension.
(Thune left and returned during the discussion)
Councilmember Megard stated that the Business Review Council has unanimously approved the
certificate of occupancy and have sent a letter that they want a focus program which Megard
suggested be done. She indicated that this is an extension of a program that already works in the
City and the policy needs to be adopted at this time in order to move forward. The Administration
can come back with any amendments to the resolution that they feel are necessary, she said. She
requested that a plan for implementation of a certificate of occupancy program be brought back to
the City Council no later than February 1, 1998.
A lengthy discussion ensued. Tim Fuller, Fire Chief, and Steve Zaccard, Fire Prevention, were
present for the discussion. Also appearing was Mark Moeller of the Business Review Council.
Councilmember Harris moved to delete paragraph #2 B on page 4.
Yeas - 3 Nays - 3 (Bostrom, Megard, Thune) Failed
Several amendments were made to the ordinance.
The meeting was recessed from 7:25 - 7:40 p.m.
Amended and laid over to November 19 for final adoption
Yeas - 6 Nays - 0 (Collins not present for vote)
November 12, 1997 City Council Summary Minutes Page 19
Councilmember Bostrom moved to adjourn the meeting.
ADJ URNE AT 7:50 P.M.
Daniel Bostrom, Council President
ATTEST:
i\L Minutes approved by Council
Nancy Anders n 1 \`kc\
Assistant Council Secretary
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