Approved Minutes 6-25-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, June 25, 1997 - 3:30 PM
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order by Vice President Blakey at 3:33 p.m.
Present - 4 - Blakey, Bostrom, Harris, Morton
Absent - 3 - Megard, Thune (arrived later in the meeting), Collins (Excused)
CONSENT AGENDA
Councilmember Harris requested Item 12 be removed for discussion.
Councilmember Harris moved approval of the Consent Agenda as amended. Yeas - 4 Nays - 0
FOR ACTION
1. Approval of minutes of May 28, 1997.
Adopted Yeas - 4 Nays - 0
2. Claims of Martha Nell Cyrus, Gene Jones, Randall Kastberg, and Jeffrey Melby.
Referred to Employee/Risk Management Division
3. Summons and Complaint in the matter of James Lyons vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
4. Petition for Writ of Certiorari, etc. in the mater of Bank of America, FSB and HUD vs. the City
of Saint Paul. (677 Kent Street)
Referred to the City Attorney's Office
5. Motion for a Stay of Execution in the mater of Bank of America, FSB and HUD vs. the City of
Saint Paul. (677 Kent Street)
Referred to the City Attorney's Office
6. Land Title Summons in Application for Registration of Land in the matter of Thorp Loan and
Thrift Company, et al vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
7. Letters from Saint Paul Public Health declaring 806 Agate Street, 477 Curtice Street East, 659
Edmund Avenue, and 855 Woodbridge Street as nuisance properties, and setting date of
Legislative Hearings for July 1, 1997 and City Council Hearings for July 9, 1997.
June 25, 1997, City Council Summary Minutes Page 2
8. Letters from Saint Paul Public Health declaring 952 Jenks Avenue, 954 Jenks Avenue, and 328
Lexington Parkway North as nuisance properties. (For notification purposes only; public hearings
will be scheduled at a later date if necessary.)
8a. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on July 2,1997, to consider the application of Metropolitan State
University to rezone property from P-1 (parking) to B-2 (community business) to allow
construction of a greenhouse facility for a joint education program with the Minnesota Department
of Agriculture at 4XX Maria Avenue (southwest side between 7`'' and 8th Streets)
9. Communication from Saint Paul Animal Control dated June 16, 1997, announcing a request from
the University of Minnesota Research Lab for unclaimed dogs and cats.
10. Resolution - 97-736 - Approving the Memorandum of Understanding between the City, AFSCME
Council 14, Locals 2508 and 1842, PEA, SPSO, and IUOE, Local 70, regarding personnel issues
related to the Joint Powers Agreement covering Saint Paul and Ramsey County Public Health
Departments. (Laid over from June 18 for adoption)
Adopted Yeas - 4 Nays - 0
11. Resolution - 97-737 - Approving the appointments of Nicole Belgea and Charles W. Foster, by
Mayor Coleman, to the Food and Nutrition Commission. (Laid over from June 18 for adoption)
Adopted Yeas - 4 Nays - 0
12. (Discussed after the consent agenda)
13. Resolution - 97-739 - Approving the reappointments of Liz Anderson, Kenneth J. Mauer, and
John M. O'Halloran, by Mayor Coleman, to the Parks and Recreation Commission. (Laid over
from June 18 for adoption)
Adopted Yeas - 4 Nays - 0
14. Resolution - 97-740 - Approving the appointment of Lisa Falk and Molly Fitzpatrick, and the
reappointments of Daniel Krivit, Richard Newmark, Ed Olson, and Allan Torstenson, by Mayor
Coleman, to the Bicycle Advisory Board. (Laid over from June 18 for adoption)
Adopted Yeas - 4 Nays - 0
15. Resolution - 97-766 - Approving the appointments of Susan Bronner, Michael Garsteig, Nikita
Godette, Alan Herman, Jean LaClare, and Darrell Paulsen and the reappointments of Linda
Lattin, Lynne Megan, Kari Olson, Kathleen Schwarten, and Michael Zeledon, by Mayor
Coleman, to the Mayor's Advisory Committee for People with Disabilities.
(To be laid over one week for adoption)
Laid over to July 2 for adoption
16. Resolution - 97-767 - Authorizing the Saint Paul Convention and Visitors Bureau to pay travel
expenses for Mayor Coleman to Orlando, Florida to participate in a bid for Saint Paul to host the
National Square Dance Association Convention in 2002.
Adopted Yeas - 4 Nays - 0
June 25, 1997, City Council Summary Minutes Page 3
17. Resolution - 97-768 - Addition of$191,000 to the 1997 budget in the Department of Public Works
for Wabasha Street Initiative and Improvement.
Adopted Yeas - 4 Nays - 0
(Note: this item was reconsidered later in the meeting.)
18. Resolution - 97-769 - Authorizing the Department of Fire & Safety Services to apply for a grant in
the amount of$35,350.00 from the Auto Theft Prevention Program.
Adopted Yeas - 4 Nays - 0
19. Resolution - 97-770 - Releasing the portion of the 1997 Information Services budget placed in
contingency.
Adopted Yeas - 4 Nays - 0
20. Resolution - 97-771 - Approving $20,000.00 in matching funds for the Horace Mann Playground
project through the 1997 Children's Play Area Equipment Program.
Adopted Yeas - 4 Nays - 0
21. Resolution - 97-772 - Approving the Neighborhood STAR Board recommendations for two
additional projects in Cycle 3 of the Small STAR Grant Program.
Adopted Yeas - 4 Nays - 0
22. Resolution - 97-773 - Declaring July Join the Club Month in support of neighborhood efforts to
maintain and improve the quality of life in St. Paul by building and participating in neighborhood
block clubs.
Adopted Yeas - 4 Nays - 0
23. Resolution - 97-774 - Authorizing payment of$7,000.00 to Khanh Le and his
attorney, Francis Rondoni, in full settlement of their claim against the City of Saint Paul.
Adopted Yeas - 4 Nays - 0
24. Resolution - 97-775 - Directing the Division of Parks & Recreation to renew a lease agreement
with Ramsey County for County use of office space at North End Multi-Service Center.
Adopted Yeas - 4 Nays - 0
25. Resolution - 97-776 - Requesting the City of Saint Paul declare surplus and quitclaim certain
parcels of land near the Board's Dale reservoir in favor of the Board.
Adopted Yeas - 4 Nays - 0
26. Resolution - 97-777 - Approving an agreement between the Metropolitan Council Environmental
Services and the City of Saint Paul.
Adopted Yeas - 4 Nays - 0
June 25, 1997, City Council Summary Minutes Page 4
12. Resolution - 97-738 - Approving the appointments of George Edwin Johnson, Soliving K. Kong,
Arlend Wilson, and Jennifer Engh, by Mayor Coleman, to the Saint Paul Planning Commission.
(Laid over from June 18 for adoption)
Councilmember Harris requested a layover. Councilmember Morton stated she is opposed to a
layover because the Commission is short members.
Councilmember Harris stated he was concerned about the replacement of one of the members. He
moved to lay over the appointment of Jennifer Engh to July 2 and moved approval of the balance.
Adopted as amended Yeas -4 Nays - 0
(Appointment of Jennifer Engh laid over to July 2)
Councilmember Harris moved for suspension of the rules to reconsider the following ordinance which was
adopted on June 18, 1997. Yeas -4 Nays -0
Final Adoption - 97-52 - An ordinance amending Chapter 366 of the Saint Paul Legislative Code to
require permits for use of downtown parks for community festivals and special events. (Adopted
June 18)
Bob Piram, Division of Parks and Recreation, appeared and stated Parks sent a letter to the Council
requesting they reject the ordinance because Parks has worked with Capitol River Council to come
up with a policy that would replace this ordinance. Mr. Piram urged the Council to reject the
ordinance in favor of the policy that will be brought forward.
Chuck Repke, Legislative Aide to Council President Thune, appeared and stated the Parks
Department and Parks Board asked for time to work this out so the issues would continue to be
handled administratively as opposed to always coming before the Council for approval. A lot of time
was spent with neighborhood people and the Downtown Council and there is a workable plan.
Council President Thune's preference is to see if the plan succeeds before the issue comes before the
Council.
Councilmember Bostrom moved approval.
Reconsidered and failed Yeas - 0 Nays -4 (Blakey, Bostrom, Harris, Morton)
The meeting was recessed and the Housing and Redevelopment Authority meeting was called to order for
consideration of the Consent Agenda. Present -4 Absent - 0
The HRA meeting was recessed and the City Council meeting resumed.
June 25, 1997, City Council Summary Minutes Page 5
FOR DISCUSSION
27. Resolution - 97-715 - Changing the rate of pay of the Council Investigation and Research Center
Director from Grade 26 to Grade 28 of the Non-represented City Managers Standard Ranges in the
Salary Plan and Rates of Compensation. (Laid over from June 11)
Councilmember Bostrom stated this issue was discussed in the Organizational Meeting on this date
and it was recommended that it be laid over to July 23.
Laid over to July 23 Yeas -4 Nays -0
(Megard arrived)
28. Resolution- 97-683 - Recommending that the Selby beat officer be housed at J.J. Hill School as part
of a cooperative agreement with the Saint Paul School Board. (Laid over from June 4)
Vickie Rosenthal, representing the parent group at J.J. Hill School, appeared and spoke in support of
the resolution. It was their understanding that the officer would be housed at the school full time.
Ted Brown, Police Department, Deputy Chief, appeared and stated the officer housed at J.J. Hill will
be the same officer in the Selby beat office. Councilmember Harris stated the resolution includes
moving the storefront. Chair Blakey stated his original resolution was to have the officer housed at
J.J. Hill,but now there would be co-locations.
Councilmember Harris moved approval of several amendments to the resolution.
Adopted as amended Yeas - 5 Nays - 0
Councilmember Bostrom moved for reconsideration of Item#17 on the Consent Agenda.
Yeas - 5 Nays - 0
17. Resolution - 97-768 -Addition of$191,000 to the 1997 budget in the Department of Public Works
for Wabasha Street Initiative and Improvement.
Councilmember Megard moved to lay over to July 9. She requested a written staff report on the
specifics of the Wabasha Initiative, and exactly where the dollars will be used. She expressed
concern about the additional dollars that would be expended for extra officers downtown saying she
has had requests for extra police coverage in the west Midway area.
Joe Reid, Budget Office, appeared and stated Tom Eggum, Department of Public Works, is the
project leader on this and he would be in a better position to answer questions raised by
Councilmember Megard
Laid over to July 9 Yeas - 5 Nays -0 (Thune not present for vote)
June 25, 1997, City Council Summary Minutes Page 6
29. Discussion of responses to snow plowing issues raised at the January 15, 1997 Policy Session. (Laid
over from June 4)
Councilmember Megard moved to lay over one week.
Laid over to July 2 Yeas - 5 Nays - 0
30. Staff recommendation on Disparity Study (Martha Larson,Director, Technology and Management
Services) (Laid over from May 21)
Martha Larson talked about the briefing packet issued on June 13, 1997. The key point covered in
the initial discussion on the new vendor outreach program is replacement of the existing targeted
vendor program. It includes certification of women and minority owned businesses into the program
as well as small businesses. It also includes a procedure for establishing race or gender specific
benchmarks for participation by those vendors. The work plan also lays out a number of areas for
additional staff analysis and implementation related to bonding and insurance outreach, business
development, labor and workforce development. An ordinance pertaining to the Disparity Study
will appear on the July 2 Council agenda.
Councilmember Megard stated she will be sending the plan out to a number of individuals for
comments.
31. Resolution - 97-778 - Approving STAR Board recommendations for cuts of the 44 pre-applications
from Cycle 3 of the Neighborhood STAR Program to approximately twice the available funds.
Councilmember Morton requested#97-124, Harding Community for Tennis, be put back into the
regular applications. Councilmember Harris requested Amy Filice, Department of Planning and
Economic Development,provide more information on that application. Councilmember Megard
said she thought it was the responsibility of the School Board to put in the tennis courts. Ms. Filice
said the school would match the funds.
Councilmember Harris moved approval as amended.
Adopted as amended Yeas - 5 Nays -0
32. Resolution - 97-779 - Approving Cultural STAR Board recommendations for Cycle 3, Cultural
STAR Program.
Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
33. Resolution - 97-780- Authorizing the issuance of General Obligation Tax Increment Bonds to
provide funds to acquire Block 39 and prepare for Lawson Center development; and approving the
execution of a pledge agreement with respect to the Lawson Center development financing.
Discussed at the Housing and Redevelopment Authority meeting on June 25 and Laid over
to July 2 Yeas - 6 Nays - 0
June 25, 1997, City Council Summary Minutes Page 7
ORDINANCES
34. Final Adoption - 97-601 - An ordinance amending Chapter 106 of the Saint Paul Legislative Code to
expand the boundaries of the Downtown Business District to allow the sale and service of alcoholic
beverages within a sidewalk cafe on Harriet Island. (Substitute introduced June 4)
Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
35. Final Adoption - 97-602 - An ordinance amending Chapter 245 of the Saint Paul Legislative Code to
expand the boundaries of the Downtown Business District to allow sale and service of alcoholic
beverages in sidewalk cafes on Harriet Island. (Substitute introduced June 4)
Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
36. Final Adoption - 97-603 - An ordinance amending Chapter 246 of the Saint Paul Legislative Code
expanding the boundaries of the Downtown Business District for the purpose of allowing the sale
and service of alcoholic beverages in sidewalk cafes on Harriet Island. (Substitute introduced June
4)
Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
37. Final Adoption - 97-604 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code to
expand the area lying within the Downtown Business District for the purpose of sale and service of
alcoholic beverages within a sidewalk cafe. (Substitute introduced June 4)
Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
38. Final Adoption - 97-625 - An ordinance amending Chapter 246 of the Legislative Code to allow
consumption of alcohol on public streets which are blocked off as part of a block party, festival or
community event in the Downtown Business District.
Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
39. Second Reading - 97-760 - An ordinance finalizing City Council action approving a petition of the
Saint Paul Housing and Redevelopment Authority to rezone property located at 688 Third Street East
from B-2 to RT-1. (Public hearing held May 28, 1997)
Laid over to July 2 for third reading
40. Second Reading - 97-761 - An ordinance amending the Saint Paul Legislative Code, Section 33.03,
to improve authority to the building official to grant vacant building repair extensions when
appropriate.
Councilmember Harris requested more information from staff and also requested that staff from the
Office of License, Inspections and Environmental Protection (LIEP) speak on this issue at the July 2
Council meeting.
Laid over to July 2 for third reading/public hearing
June 25, 1997, City Council Summary Minutes Page 8
41. First Reading- 97-781 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to zoning for the City of Saint Paul and the zoning maps thereof.
Laid over to July 2 for second reading
Councilmember Bostrom moved for suspension of the rules and approval of the following resolution:
Resolution - 97-821 - Supporting the execution of a design-build contract for the design and
construction of a new facility for the Minnesota Department of Revenue in the Capitol Area.
Councilmember Megard questioned if there would be a loss to the city to have Lot 5 available to the
State at no cost. Tim Marx, Deputy Mayor, appeared and stated there is no net loss to the City.
Adopted Yeas - 5 Nays -0 (Thune not present for vote)
Councilmember Megard moved for suspension of the rules and approval of the following resolution:
Resolution - 97-822 - Accepting invitations to the Mayor, City Council and City staff from the
National Hockey League of Minnesota Team Investors to a parade and celebration on June 25, 1997,
and declaring a public purpose in the acceptance.
Adopted Yeas - 5 Nays - 0 (Thune not present for vote)
(The meeting was recessed from 4:20 to 4:40 p.m.)
Present- 6 -Bostrom, Collins, Harris, Megard, Morton, Thune
Absent- 1 - Blakey
PUBLIC HEARINGS
42. Third Reading - 97-564 - An ordinance amending Chapter 45 of the Saint Paul Legislative Code
relating to Nuisance Abatement. (Laid over from May 28)
Laid over to July 2 for final adoption
(Blakey arrived)
43. Resolution - 97-782 - Consideration of motion to stay execution of the City Council's order to
demolish 677 Kent Street within five (5) days as brought by Bank of America and HUD. (C.F. 97-
724 adopted June 11, 1997)
Withdrawn at the request of Council President Thune.
44. Resolution - 97-783 - Regarding conditions upon any stay of execution of the City Council's order to
demolish 677 Kent Street as requested by Saint Paul Public Health. (C.F. 97-724 adopted June 11,
1997)
Stephen Christie, Assistant City Attorney, appeared and stated Bank of America and Housing and
Urban Development (HUD) have signed a written appeal challenging the decision of the Council to
demolish this property. The Bank of America prepared a resolution asking the Council to stay the
decision pending the appeal. Mr. Christie prepared resolution 97-783 indicating if the stay is
granted, there should be appropriate conditions to protect the community and the City from this
June 25, 1997, City Council Summary Minutes Page 9
public nuisance. Mr. Christie suggested the Council consider granting the stay with the conditions
proposed in the resolution.
Mr. Christie said the building has been vacant for four months but has been a nuisance for many
years. Mr. Harris asked if the bank has done any work on the house. Mr. Christie responded the
bank has responded to some summary abatement orders and cut the grass as requested by Public
Health, but there is some refuse that needs to be cleaned up.
Jane Hill, representing the Bank of America, appeared and stated the bank does not yet have legal
title, but they are working with HUD to obtain it. Bank of America will take the responsibility for
upkeep of the property.
Councilmember Blakey moved approval.
Councilmember Harris moved to add language to the second condition that it meets the satisfaction
of the Public Health Department. Phil Byrne, Assistant City Attorney, suggested adding a specific
time for clean-up after a complaint is received.
Councilmember Bostrom suggested adding language that the bank will correct any reported violation
within 48 hours. Councilmember Blakey accepted this language. Jane Hill said she does not have
the authority to agree to the conditions. Phil Byrne said the Council has the right to impose
conditions for granting the stay even without the consent of the attorney.
Adopted as amended Yeas - 6 Nays - 0
45. Resolution - 97-448 - Concerning licenses held by Laro, Inc., dba Patrick's Lounge, 1318 Larpenteur
Avenue West. (Uncontested) (Laid over from April 23)
No one appeared in opposition; Councilmember Harris moved for a layover to July 9 at the request
of Councilmember Collins.
Laid over to July 9 Yeas - 6 Nays - 0
46. Resolution - 97-784 - Approving application for a Gambling Manager's License by Lois Dirksen,
dba Sexual Violence Center, at Club Metro 733 Pierce Butler Route. (ID#64247)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
47. Resolution - 97-785 - Approving application for a State Class B Gambling Premise Permit by
Barbara Dotty-Thomas, on behalf of Sexual Violence Center, at Club Metro, 733 Pierce Butler
Route. (ID#B-05076)
No one appeared in opposition; Councilmember Blakey moved approval..
Adopted Yeas - 6 Nays - 0
June 25, 1997, City Council Summary Minutes Page 10
48. Resolution - 97-786 - Approving application for a Second Hand Dealer-Motor Vehicle and Auto
Repair Garage License by Corp Auto Inc., 353 Larch Street. (ID#23598)
No one appeared in opposition; Councilmember Harris moved to lay over two weeks and continue
the public hearing.
Laid over to July 9 Yeas - 6 Nays - 0
49. Resolution - 97-787 - Approving application for a State Class B Gambling Premise Permit by
Barbara Kale, on behalf of Midway Training Services, Inc., at Midway Lodge, 1964 University
Avenue West. (ID#B-02422)
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 6 Nays -0
50. Resolution - 97-788 - Approving application for a Gambling Manager's License by Michael
Michlitsch, dba Midway Training Services, Inc., at Midway Lodge, 1964 University Avenue West.
(ID#95003)
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
51 Resolution - 97-789 - Approving application for a Class C Gambling Location License by EM-TY
Corporation, dba Midway Lodge, 1964 University Avenue West. (ID#16653
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
52. Resolution - 97-790 - Approving application for a Gambling Manager's License by Sheri Zigan,
dba Neighborhood House Association, at Keenan's 620 Club, 620 West 7th Street. (ID #44121)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
53. Resolution - 97-791 - Approving application for a State Class B Gambling Premise Permit by
Susan Rostkoski, on behalf of Neighborhood House Association, at Keenan's 620 Club, 620 West
7`' Street. (ID #B-02537)
No one appeared in opposition; Councilmember Harris moved approval
Adopted Yeas - 6 Nays - 0
55. Resolution - 97-793 - Recommending denial of renewal of licenses held by Arthur Heutmaker,
dba Conoco & Automotive, 1208 Arcade Street, for failure to pay license fees. (Uncontested)
Virginia Palmer, Assistant City Attorney, reported that the fees were paid.
Withdrawn by Councilmember Bostrom
56. Resolution - 97-794 - Recommending denial of renewal of Lock Opening Services license held by
McCabe Hardware, Inc., dba Sibley Trustworthy Hardware/St. Paul Lock & Safe/A-Arcade Lock
& Safe, 848 White Bear Avenue North, for failure to pay license fees. (Uncontested)
Virginia Palmer, Assistant City Attorney reported that the fees were paid.
Withdrawn by Councilmember Bostrom
June 25, 1997, City Council Summary Minutes Page 11
57. Resolution - 97-795 - Concerning adverse action against cigarette license held by Cozy Bar of St.
Paul Minn., Inc., dba Cozy Cantina, 202 Concord Street. (Uncontested)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
54. Resolution - 97-792 - Approving application for a Gambling Manager's License by Neill J.
O'Neill, dba St. Paul Festival and Heritage Foundation, at Mr. Patom's, 995 7"' Street West. (ID
#83829)
Councilmember Harris moved to layover one week at the request of Council President Thune.
Laid over to July 2 Yeas - 6 Nays - 0
58. Resolution - 97-796 - Concerning adverse action against cigarette license held by Chul Kwak, dba
Galtier Convenience Center, 175 5th Street East, #17. (Uncontested)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
59. Resolution - 97-797 - Concerning adverse action against cigarette license held by Cobes and Duff,
LLC, dba Lowertown Bar & Grill, 175 5th Street East. (Uncontested)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
60. Resolution - 97-798 - Concerning adverse action against cigarette license held by Town House
Country, Inc., 1415 University Avenue West. (Uncontested)
Holly Monette, the owner, appeared and extended her apologies for this incident and stated that
Town House Country has taken measures to insure this does not happen again.
Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
61. Resolution - 97-799 - Recommending denial of renewal of licenses held by Simone M.
Mishulovin, dba The Old City Cafe, 1571 Grand Avenue, for failure to pay license fees.
(Uncontested)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
62. Resolution - 97-800 - Concerning adverse action against licenses held by Paul George Damico,
dba Paul's Lounge, 1045 Hudson Road. (Uncontested)
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection (LIEP), stated the violations include the licensee discharging a firearm
in the City limits and failing to notify the Chief of Police in writing of the existence of a firearm
on the licensed premises. The recommendation of the Office of LIEP was for a license suspension
of three days. The police report states the licensee went outside in response to learning that
someone was attempting to enter cars and he had a confrontation with those people. He returned
to the premises, obtained a gun, went back outside and fired the gun in the air four times.
June 25, 1997, City Council Summary Minutes Page 12
Bill Orth, attorney representing Mr. Damico, appeared and explained the situation with the auto
break-in. Mr. Damico tried to get the kids to leave and one of them pulled a pistol and threatened
him. Mr. Orth confirmed that Mr. Damico then went to get his gun and did fire it into the air.
Mr. Orth urged the Council to defer consideration of the suspension and fine until they read the
report he distributed.
Councilmember Morton moved approval of the recommendation of the Office of LIEP.
Adopted Yeas - 6 Nays - 0
63. Resolution - 97-801 - Concerning adverse action against licenses held by Tuan A. Pham, dba
Tuan Auto Repair, 1459 University Avenue. (Uncontested)
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
64. Resolution - 97-699 - Recommending denial of the Renewal Application for Taxicab Driver's
License held by Daniel R. Beckman, 1057 Portland Avenue. (Uncontested)
(Laid over from June 4)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
65. Resolution - 97-802 - Recommending denial of the application for a Taxicab Driver's License by
William R. Harper, 833 Fremont Street. (Uncontested)
No one appeared in opposition; Councilmember Morton moved approval.
Adopted Yeas - 6 Nays - 0
66. Resolution - 97-803 - Recommending denial of the Renewal Application for Taxicab Driver's
License by Daniel W. Peterson, 19 East Magnolia Avenue.
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
67. Public hearing to consider the report of the Administrative Law Judge concerning licenses held by
Olson Brothers Liquor, Inc., 678 University Avenue West.
No one appeared in opposition; Councilmember Blakey moved approval of the Administrative
Law Judge's report.
Accepted Findings of Fact, Conclusions, and Recommendations of the Administrative Law Judge.
Yeas - 6 Nays - 0
68. Resolution - 97-804 - Stating that the City Council will accept testimony with respect to the
assessment at 695 St. Anthony Street during the public hearings at the City Council meeting on
June 25, 1997.
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
June 25, 1997, City Council Summary Minutes Page 13
69. Resolution - 97-805 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property at 1032 Conway Street, 405 Burlington Road, and 408 Charles
Avenue.
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
70. Resolution - 97-576 - Ordering the owner to remove or repair the building at 850 Maryland
Avenue East within fifteen (15) days from adoption of resolution. (Laid over from May 14)
(Legislative Hearing Officer recommends approval)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0
71. Resolution - 97-722 - Ordering the owner to remove or repair the building at 1359 Blair Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval and amending the date for repair or removal to October 11, 1997) (Laid over from June
11)
No one appeared in opposition. Councilmember Megard moved to lay over one week and
continue the public hearing.
Laid over to July 2 Yeas - 6 Nays - 0
72. Resolution - 97-806 - Ordering the owner to remove or repair the building at 600 Selby Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval and amending the date for repair or removal to 180 days if a $2,000 bond is posted and
the necessary permits are obtained by noon June 25, 1997)
No one appeared in opposition; Gerry Strathman, Legislative Hearing Officer, appeared and stated
the bond had been posted.
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 6 Nays - 0
73. Appeal of Mary Dabney to a summary abatement order for property located at 790 Laurel
Avenue. (Legislative Hearing Officer recommends denial)
Gerry Strathman, Legislative Hearing Officer, stated the garage door is missing and it is a
violation of the City Code to have an open, unsecured building.
Mary Dabney, property owner, appeared and stated she does not have the resources to replace the
garage door and boarding up the garage is the best she can do at this time. Mr. Strathman stated
the service door could be boarded up, but it would be a big project to board the garage door
opening.
Councilmember Blakey moved to layover to July 9 to see if there is a way to resolve this issue.
Laid over to July 9 Yeas - 6 Nays - 0
June 25, 1997, City Council Summary Minutes Page 14
74. Appeal of Vernon Harms to a summary abatement order for property located at 355 Marshall
Avenue. (Rescheduled to July 1, 1997 Legislative Hearing)
Councilmember Blakey moved to lay over two weeks.
Laid over to July 9 Yeas - 6 Nays - 0
75. Resolution Ratifying Assessment - 97-807 - In the matter of summary abatement (snow removal)
for winter of 1997 for property located at 2106 Marshall Avenue. (File #J9705AAA) (Legislative
Hearing Officer recommends approval) (Laid over from June 11)
Gerry Strathman, Legislative Hearing Officer, stated this is a snow removal abatement. Warning
letters were issued in September to the property owner and PCF Management. The work was
done on February 21.
The property owner of 2106 Marshall, appeared. He clarified that the property is managed under
NCF Management, not PCF. This has been corrected with the tax department. A video was
shown and the owner contended the film shows his sidewalk is clear; however, there was not
agreement by the Council.
Phil Byrne stated these types of cases are considered under Chapter 113 of the Legislative Code.
The Council has the authority to abate the snow and ice and assess for the cost.
Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
76. Resolution Ratifying Assessment - 97-808 - In the matter of assessment of benefits, cost and
expenses for sidewalk reconstruction on the north side of Conway Street from North Ruth Street
to North McKnight Road and the south side of Conway Street from North Ruth Street to North
Howard Avenue; both sides of North Ruth Street from Upper Afton Road to North Park Drive;
the south side of Conway Street from Flandrau Street to North White Bear Avenue; both sides of
East Third Street from Pedersen Street to North Howard Street; the west side of Ruth Street from
Stillwater Avenue to Case Avenue; and Reaney Avenue from Nortonia Avenue to North Ruth
Street. (File #S95040, S95049, S95084, S95092, S95099, S95106)
No one appeared in opposition; Councilmember Morton moved approval.
Adopted Yeas - 6 Nays - 0
77. Final Order - 97-809 - In the matter of sidewalk reconstruction on the east side of North Grotto
Street from Lafond Avenue to Blair Avenue, and both sides of Marion Street from Aurora Avenue
to West University Avenue. (File #S97033, S97034)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
78. Final Order - 97-810 - In the matter of sidewalk reconstruction on the north side of East Sycamore
Street from Sylvan Street to Jackson Street. (File #S97035)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0
June 25, 1997, City Council Summary Minutes Page 15
79. Final Order - 97-811 - In the matter of sidewalk reconstruction on both sides of Asbury Street
from Thomas Avenue to Lafond Avenue; the east side of Herschel Street from Shields Avenue to
West University Avenue; both sides of North Prior Avenue from Portland Avenue to Ashland
Avenue; and the east side of Simpson Street from Edmund Avenue to Thomas Avenue at 594
Simpson Street only. (File #S97036-S97039)
No one appeared in opposition; Councilmember Megard moved to amend the final order to
indicate that on Asbury Street only 620 and 624 will be reconstructed.
Adopted as amended Yeas - 6 Nays - 0
80. Final Order - 97-812 - In the matter of sidewalk reconstruction on the east side of South Griggs
Street from Bayard Avenue to Scheffer Avenue. (File #S97040)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
81. Final Order - 97-813 - In the matter of sidewalk reconstruction on the south side of Englewood
Avenue from North Lexington Parkway to North Dunlap Street, and both sides of Van Buren
Avenue from Virginia Street to Como Avenue. (File #S97041 & S97042)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
82. Final Order - 97-814 - In the matter of sidewalk reconstruction on both sides of Fairmount
Avenue from South Victoria Street to South Milton Street; the south side of West Ninth Street
from St. Joseph's Lane to Main Street; both sides of Osceola Avenue from South Milton Street to
South Chatsworth Street; the south side of East Seventh Street from North Robert Street to
Jackson Street; both sides of St. Joseph's Lane from West Seventh Street to West Exchange
Street, both sides of West Exchange Street from St. Joseph's Lane to St. Peter Street and the north
side of West Seventh Street from St. Peter Street to St. Joseph's Lane. (File #S97043-S97047)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
83. Final Order - 97-815 - In the matter of sidewalk reconstruction on the south side of Hartford
Avenue from South Pascal Street to Warwick Street. (File #S97048)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
84. Final Order - 97-816 - In the matter of sidewalk reconstruction on the east side of North Fairview
Avenue from Englewood Avenue to Hubbard Avenue, the west side of North Fairview Avenue
from Englewood Avenue to Chelton Avenue and the west side of North Fairview Avenue from
Chelton Avenue to Clayland Place at 789 North Fairview Avenue only; both sides of Montrose
Place from Dayton Avenue to Marshall Avenue; and the north side of Thomas Avenue from
Aldine Street to North Wheeler Street. (File #S97049-S97051)
No one appeared in opposition; Councilmember Megard moved approval with an amendment that
on Montrose Place only the petitioners' sidewalks be addressed.
Adopted as amended Yeas - 6 Nays - 0
June 25, 1997, City Council Summary Minutes Page 16
85. Final Order - 97-817 - In the matter of sidewalk reconstruction on both sides of Alameda Street
from West Iowa Avenue to California Avenue; the south side of West Arlington Avenue from
Galtier Street to Farrington Street; both sides of Como Place from Hatch Avenue to West
Jessamine Avenue; the north side of West Cook Avenue from Galtier Street to Matilda Street; the
east side of Galtier Street from Wayzata Street to Front Avenue and the west side of Galtier Street
from Stinson Street to Front Avenue; both sides of Hatch Avenue from North Victoria Street to
North Milton Street, the east side of North Milton Street from Front Avenue to Hatch Avenue and
the west side of North Victoria Street from Front Avenue to Hatch Avenue; both sides of Huron
Street from West Arlington Avenue to West Hoyt Avenue; both sides of Matilda Street from West
Lawson Avenue to West Cook Avenue; both sides of Matilda Street from West Maryland Avenue
to West Ivy Avenue; both sides of Maywood Street from West Wheelock Parkway to West
Cottage Avenue; and both sides of Schletti Street from West Cottage Avenue to West Arlington
Avenue. (File #S97052-S97062)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
86. Final Order - 97-818 - In the matter of sidewalk reconstruction on the north side of East
Hawthorne Avenue from Walsh Street to Weide Street. (File #S97063)
No one appeared in opposition.
Larry Luth, Department of Public Works, appeared and stated 34 sidewalks panels are being
replaced, 102 feet on each side of the street. The adjacent property owners are being assessed.
The panels are $8.46 a linear foot which is half the cost of the sidewalk construction.
Rahl Reese, 763 Hawthorne, appeared and stated this sidewalk was recently reconstructed and
creates no hazard. One panel has been there about 8 to 10 years. Larry Luth suggested this be
laid over for Public Works to look at the sidewalk and make another evaluation.
Councilmember Bostrom moved to lay over two weeks.
Laid over to July 9 Yeas - 6 Nays - 0
Note: this item was reconsidered later in the meeting.
87. Resolution - 97-819 - Vacating North Albert Street between Pierce Butler Route and the Great
Northen Railroad right-of-way.
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
88. Resolution - 97-820 - Vacating Territorial Road from the Saint Paul City limits to the west line of
Berry Street extended.
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
June 25, 1997, City Council Summary Minutes Page 17
89. Public hearing to consider the appeal of William & Kathryn Babcock to a decision of the Board of
Zoning Appeals granting a variance to allow parking within a required side yard to continue at
459 Portland Avenue. (Laid over from June 4; to be rescheduled to August 27)
No one appeared in opposition; Councilmember Blakey moved to layover to August 27.
Rescheduled to August 27 Yeas - 6 Nays - 0
(Note: the following item was reconsidered from earlier)
85. Susan Fussell, 653 Weelock Parkway, appeared and stated she would prefer not to have sidewalk
along her property.
Larry Luth stated there is no assessment for this block as it is on the City right-of-way so Ms.
Fussell will not be paying for the sidewalk. The existing walk is six feet wide and he
recommended moving the walk one foot from the property line and building it five feet wide.
Councilmember Blakey said it appears the sidewalk would be very close to the owner's property
and questioned whether it has to be put in. Ms. Fussell stated the house was built in 1953 and
there has never been a sidewalk in this area.
Councilmember Harris asked about pedestrians. Larry Luth stated usually there is evidence of
foot traffic on the grass when there is not a sidewalk, but there is no evidence of foot traffic on the
property owner's grass.
Councilmember Blakey moved reconsideration of Item 85.
Yeas - 5 Nays - 1 (Harris)
Roger Lang said he lives near Ms. Fussell and always wondered why the City did not complete
the area with sidewalk as he feels it is a safety hazard.
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
Councilmember Bostrom moved to recess the meeting at 6:11 p.m. to continue with the meeting of the
Housing and Redevelopment Authority at which time Item 33 on the City Council agenda was
considered.
June 25, 1997, City Council Summary Minutes Page 18
Councilmember Harris moved to adjourn the meeting. Yeas - 6 Nays - 0
AD RNED .\ 1! P, •
Nib
D. id • Cop' 'resident
ATTEST:
Minutes approved by Council
Nancy And on P-LLy 3 o /9 9 7
Assistant Council Secretary 0 a
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