Minutes 6-12-1996Pagel of 8
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, June 12, 1996 - 3:30 PNI
PUBLIC HEARINGS AT 4:30 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 - 266 -8565
Office of the City Council
Web Index
• Consent Agenda
• For Action
• Administrative Orders
• For Discussion
• Ordinances
• Public Hearings
Present - 6 - Councilmembers Blakey, Bostrom, Guerin, Harris, Rettman, Thune
Absent - 1 - Megard (Excused)
CONSENT AGENDA
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, THAT ITEM WILL BE REMOVED FROM THE CONSENT AGENDA AND
CONSIDERED SEPARATELY.
FOR ACTION
1. Approval of minutes of May 15 City Council meeting and June 5 Closed Door Session.
Adopted Yeas - 6 Nays - 0
2. Claims of Dan Baxter, Grace Farmer, Denise Gilbertson, Bernice A. Hauer, John Heine, Christine M.
Lesch, Kenneth E. Majkowski, Gary Nelson, Phil J. Richter, Son Vu, and Vu Yang and Mee Yang.
Referred to Risk/Employee Benefit Management Division
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3. Summons in a Civil Case, Sworn Statements, Sworn Affidavits, and Complaint in the matter of
Richard Jason Fink vs. the City of St. Paul, et. al.
Referred to the City Attorney's Office
4. Petition for Writ of Prohibition and Petitioner's Appendix in the matter of Hamline- Midway
Neighborhood Stability Coalition vs. the City of Saint Paul, et. al.
Referred to the City Attorney's Office
5. Letter from the Real Estate Division announcing a public hearing before the City Council on July 10,
1996, to consider the vacation of part of the alley in Block 2, Lovering's Factory Warehouse and
Transfer property adjoining 859 Prior Avenue North.
6. Letters from Saint Paul Public Health declaring 861 Aurora Avenue, 163 Belvidere Street East, 584
Charles Avenue (rear house) and 1030 Wilson Avenue as "nuisance properties ", and setting date of
Legislative Hearings for June 18, 1996, and City Council Hearings for June 26, 1996.
7. Letters from Saint Paul Public Health declaring 212 Baker Street East, 723 Case Avenue, 891
Conway Street, 710 Dayton Avenue, 673 Kent Street, 443 Maryland Avenue East, 820 Maryland
Avenue West, and 240 Morton Street East as "nuisance properties." (For notification purposes only;
public hearings will be scheduled at a late date if necessary.)
8. Communication from Saint Paul Animal Control dated June 3, 1996, announcing a request from the
University of Minnesota Research Lab for unclaimed dogs and cats.
9. Administrative Orders:
. D00938 Addition of $8,387.02 to the contract for Crosby Outlet.
. D00939 Extending contract completion date from September 30, 1994 to November 30, 1994 for
the Crosby Outlet project.
. D00940 Deduction of $531.00 from the contract for the Downtown Children's Play Area
• D00941 Addition of $151,969.00 to the contract for Saint Paul Civic Center Expansion, CP -4
Building Construction.
• D00942 Addition of $30,353.00 to the contract for the Saint Paul Civic Center Expansion, CP -4
Building Construction Multiscope- Parking Ramp.
• D00943 Addition of $45,432.00 to the contract for Saint Paul Civic Center Expansion, CP -4
Building Construction Mechanical - Parking Ramp.
Noted as on file in the City Clerk's Office
10. Resolution - 96 -573 - Approving the appointment of Tewabech (Teba) Hailu Molla and the
reappointments of Jeff Dufresne, Ibrahim Ibrahim, Chantha Koy, Pacyinz Lyfoung, True Pham, Dianne
Siegel, and Patrick Xaphakdy, by Mayor Coleman, to the New Americans Advisory Committee. (Laid
over from June 5 for adoption)
Adopted Yeas - 6 Nays - 0
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11. Resolution - 96 -627 - Approving the Memorandum of Agreement between the City of Saint Paul and
the American Federation of State, County and Municipal Employees, District Council 14, Local 1842
regarding the inclusion of Water Meter Repairers into the bargaining unit 1995 -1996. (To be laid over
one week for adoption)
Laid over to June 19 for adoption
12. Resolution - 96 -628 - Approving payment of $7,585.88 to Westfield National Insurance Company,
as subrogee for Michael Lynn, in full settlement of their claim against the City of Saint Paul.
Adopted Yeas - 6 Nays - 0
13. Resolution - 96 -629 - Approving payment of $11,047.91 to American Family Insurance as subrogee
for Albert Mangine in full settlement of their claim against the City of Saint Paul.
Adopted Yeas - 6 Nays - 0
14. Resolution - 96 -630 - Waiving the 60% consent requirement for a block party /special event permit
for Selby- Snelling Family Festival to be held June 30, 1996 between the hours of 11:00 a.m. and 6:00
p.m.
Adopted Yeas - 6 Nays - 0
15. Resolution - 96 -631 - Releasing the balance of appropriation from contingency to the Housing
Information Office budget.
Adopted Yeas - 6 Nays - 0
16. Resolution - 96 -632 - Executing a Summary Agreement and Estoppel Letter for Saint Paul
Properties, Inc. in connection with the purchase by Saint Paul Properties of the City Walk Ramp.
Adopted as amended Yeas - 6 Nays - 0
17. Resolution - 96 -633 - Authorizing Twin City Beverage and Bartending to use the Division of Parks
and Recreation's 3.2 beer and wine licenses for Harriet Island Tent events June 14 to September 7, 1996.
Adopted Yeas - 6 Nays - 0
18. Resolution - 96 -634 - Requesting a reduction in assessment for 67 Maria Avenue - Bates /McLean
Paving and Lighting Project.
Adopted Yeas - 6 Nays - 0
19. Resolution - 96 -635 - Holding the City of Saint Paul accountable, and indemnifying the Minnesota
Department of Transportation for any claims related to the allowance of parking on Case Avenue
between Forest Street and Duchess Street.
Adopted Yeas - 6 Nays - 0
20. Resolution - 96 -636 - Authorizing the proper City officials to execute a Traffic Control Signal
Agreement between the City of Saint Paul, Ramsey County and the State of Minnesota Department of
Transportation on Maryland Avenue at the east and west ramps of I -35E.
Adopted Yeas - 6 Nays - 0
21. Resolution - 96 -637 - Releasing Water Easement in Vacated Clear Avenue.
Adopted Yeas - 6 Nays - 0
22. Resolution - 96 -638 - Amending Council File 96 -238 to change the description of vacated Adrian
Street.
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Adopted Yeas - 6 Nays - 0
23. Resolution - 96 -639 - Requesting an extension of time to complete work being done on a building at
887 Burr Street.
Adopted Yeas - 6 Nays - 0
24. Resolution Approving Assessment - 96 -640 - In the matter of construction of a skyway bridge,
concourse and vertical access system connecting the Children's Museum and the World Trade Center
building, and setting date of public hearing for August 7, 1996. (File 418771)
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
25. Appeal of Degidio's restaurant, John Degidio, to a decision of the Board of Zoning Appeals granting
setback and parking variances to allow construction of a new building and parking lot for the Salvation
Army at 401 West 7th Street. (Laid over from June 5)
Laid over to June 26 Yeas - 6 Nays - 0
26. Resolution - 96 -641 - Approving funding priorities and budgets for the Enterprise Community
Initiative and authorizing the City to enter into a Memorandum of Agreement with HUD and the State of
Minnesota.
Adopted as amended Yeas - 6 Nays - 0
(St. Paul Coordinated Housing Investment Program and St. Paul Workforce NeighborLINK laid
over to July 3 to be considered along with the guidelines)
ORDINANCES
27. Final Adoption - 96 -486 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code
pertaining to taxicabs; requiring licensed drivers to yield to breathalyser tests upon request while on
duty, and other minor housekeeping changes. (Amended and laid over from June 5)
Amended and laid over to June 26 Yeas - 6 Nays - 0
28. Final Adoption - 96 -548 - An ordinance amending Chapter 140 of the Saint Paul Legislative Code
pertaining to the membership of the Skyway Governance Committee. (Substitute introduced June 5)
Substitute of June 5 adopted Yeas - 6 Nays - 0
29. Second Reading - 96 -585 - An ordinance amending Chapter 344 of the Saint Paul Legislative Code
pertaining to pawn shops; adding provisions for the City to participate in the Automated Pawn System
project initiated by the City of Minneapolis.
Laid over to June 26 for third reading /public hearing
30. Second Reading - 96 -624 - An interim ordinance preserving the status quo with respect to the use of
property within the City of Saint Paul pending the completion of studies of possible amendments to the
City's Comprehensive Plan and Zoning Regulations relating to Recycling Processing Centers.
Laid over to June 26 for third reading /public hearing
31. First Reading - 96 -642 - An ordinance amending Section 293.07 of the Saint Paul Legislative Code
relating to noise regulation of radios and similar devices.
Laid over to June 19 for second reading
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PUBLIC HEARINGS
32. Third Reading - 96 -569 - An ordinance amending Section 33.07 of the Saint Paul Legislative Code
pertaining to electric fences.
Laid over to July 10 for final adoption Yeas - 5 Nays - 0 (Harris not present for vote)
33. Resolution - 96 -643 - Approving application for a Class A Gambling Location License by Ward
Property Management, Inc., dba Rockin Eastside, 899 Payne Avenue. (ID 459443)
Adopted Yeas - 6 Nays - 0
34. Resolution - 96 -644 - Approving application for a Class B Gambling Premise Permit by Jill Bickford
on behalf of Payne -
Arcade Area Business Association at Rockin Eastside, 899 Payne Avenue. (ID 41303785)
Adopted Yeas - 6 Nays - 0
35. Resolution - 96 -645 - Approving application for a Gambling Manager's License by Steven R.
Leafgren, dba Payne- Arcade Area Business Association, at Rockin Eastside, 899 Payne Avenue. (ID
412133)
Adopted Yeas - 6 Nays - 0
36. Resolution - 96 -646 - Approving application for a Class A Gambling Location License by Krislyn
Inc., dba Awada's on Plato, 199 East Plato Boulevard. (ID 418149)
Adopted Yeas - 6 Nays - 0
37. Resolution - 96 -647 - Approving application for a Gambling Manager's License by Jacqueline M.
Osborne, dba West Side Booster Club, at Awada's on Plato, 199 East Plato Boulevard. (ID 459577)
Adopted Yeas - 6 Nays - 0
38. Resolution - 96 -648 - Approving application for a State Class B Gambling Premise Permit by David
J. Velasquez, on behalf of West Side Booster Club, at Awada's on Plato, 199 East Plato Boulevard. (ID
#13- 02589)
Adopted Yeas - 6 Nays - 0
39. Resolution - 96 -649 - Approving application for an Auto Repair Garage and Gas Station License by
David Kaufman, dba Rice & Larpenteur, 1675 Rice Street. (ID 459054)
Adopted Yeas - 6 Nays - 0
40. Resolution - 96 -650 - Approving application for a Parking Lot /Ramp License by 401 East 4th
Building Partnership at 401 4th Street East. (ID 473176)
Adopted Yeas - 6 Nays - 0
41. Resolution - 96 -651 - Approving the decision of the Legislative Hearing Officer for Property Code
Enforcement Appeals for property located at 358 and 362 East Winifred Street, 628 Grand Avenue,
1014 Euclid Street, and 992 Laurel Avenue.
Adopted Yeas - 5 Nays - 0 (Bostrom not present for vote)
42. Resolution - 96 -652 - Ordering the owner to remove or repair the building at 40 Atwater Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends the
owner be granted 180 days to bring the building into compliance provided a $2,000 performance
bond is posted and permits are obtained by June 12, 1996.)
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Adopted (Remove or repair within 15 days) Yeas - 5 Nays - 0 (Bostrom not present for vote)
43. Resolution - 96 -653 - Ordering the owner to remove or repair the building at 970 James Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends the
resolution be amended to allow the owner 180 days to complete repairs to the building as a code
compliance inspection has been completed, the $2,000 bond has been posted and building permits
have been obtained.)
Adopted per recommendation of the Legislative Hearing Officer Yeas - 5 Nays - 0 (Bostrom not
present for vote)
44. Resolution - 96 -654 - Ordering the owner to remove or repair the building at 1071 Kilburn Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 6 Nays - 0
45. Resolution - 96 -655 - Ordering the owner to remove or repair the building at 1116 Margaret Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 6 Nays - 0
46. Resolution - 96 -656 - Ordering the owner to remove or repair the building at 1056 Reaney Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 6 Nays - 0
47. Resolution - 96 -657 - Ordering the owner to remove or repair the building at 430 Robert Street
within fifteen (f 5) five (5) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Adopted as amended Yeas - 5 Nays - 0 (Blakey not present for vote)
48. Resolution - 96 -658 - Ordering the owner to remove or repair the building at 1194 Ross Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends the
City Council lay this matter over for 90 days in order to clarify ownership of the property and to
allow the new owner to take appropriate action.)
Laid over to July 24 Yeas - 4 Nays - 0 (Blakey and Thune not present for vote)
49. Resolution - 96 -659 - Ordering the owner to remove or repair the building at 674 Sims Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 4 Nays - 0 (Blakey and Thune not present for vote)
50. Resolution - 96 -660 - Ordering the owner to remove or repair the building at 654 Thomas Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 5 Nays - 0 (Blakey not present for vote)
51. Resolution Ratifying Assessment - 96 -661 - In the matter of assessment of benefits, cost and
expenses for boarding up vacant buildings for January, 1996, and demolition of vacant buildings for
February, 1996. (File 4J960613, J9606C) (Legislative Hearing Officer recommends approval)
Adopted Yeas - 6 Nays - 0
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52. Resolution - 96 -662 - Concerning adverse action against licenses held by Rick D. Schmoll, dba
Dairy Queen, 280 West 7th Street. (Uncontested)
Withdrawn
53. Resolution - 96 -663 - Concerning adverse action against licenses held by Joe & Stan's, Inc., 949
West 7th Street. (Uncontested)
Laid over to June 26 Yeas - 6 Nays - 0
54. Resolution - 96 -664 - Concerning adverse action against licenses held by Lou's Viaduct Inn, Inc.,
1056 East 7th Street. (Uncontested)
Adopted as amended Yeas - 6 Nays - 0
55. Final Order - 96 -665 - In the matter of installing a decorative lantern type lighting system on Selby
Avenue from the east end of the bridge at Ayd Mill Road to Lexington Parkway. (File 418822)
Adopted Yeas - 5 Nays - 0 (Guerin not present for vote)
56. Final Order - 96 -666 - In the matter of installing a bent straw type lighting system on Concord Street
from Ada Street to Annapolis Street. (File 418823)
Laid over to June 26 Yeas - 5 Nays - 0 (Guerin not present for vote)
57. Final Order - 96 -667 - In the matter of installing a decorative lantern type lighting system on Cretin
Avenue from Marshall Avenue to Summit Avenue. (File 418824)
Adopted Yeas - 5 Nays - 0 (Guerin not present for vote)
58. Final Order - 96 -668 - In the matter of installing a decorative lantern type lighting system on
Minnehaha Avenue from Prior Avenue to Snelling Avenue. (File 418825)
Adopted Yeas - 5 Nays - 0 (Guerin not present for vote)
59. Final Order - 96 -669 - In the matter of installing a sanitary sewer and service connection in West
Dora Court and in Dora Lane from Upper Afton Road to East Dora Court, removing existing oiled street
surface and replacing with Class V base and bituminous material. (File 418826)
Adopted Yeas - 5 Nays - 0 (Guerin not present for vote)
60. Final Order - 96 -670 - In the matter of installing sanitary sewer and service connections in Kennard
Street from 230 feet north of Case Avenue to Lacrosse Avenue, and in Lacrosse Avenue from Kennard
Street to 230 feet east of Kennard Street. (File 418827)
Adopted Yeas - 6 Nays - 0
61. Final Order in Condemnation Proceedings - 96 -671- In the matter of condemnation and taking of
permanent easement for right -of -way purposes in connection with the Wabasha Street Improvement
Project to be located at the intersection of Wabasha and Concord Streets. (File 418828)
Laid over to June 26 Yeas - 6 Nays - 0
62. Resolution Ratifying Assessment - 96 -672 - In the matter of condemnation and taking permanent
easements for construction of a storm sewer system in connection with the Fourth Street Area Sewer
Separation Project. (File 418741E)
Laid over to June 26 Yeas - 6 Nays - 0
63. Resolution Ratifying Assessment - 96 -673 - In the matter of acquisition of a utility easement for the
Davern Outlet and Maynard /Stewart Sewer Project. (File 418688E3)
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Adopted Yeas - 6 Nays - 0
64. Resolution Ratifying Assessment - 96 -674 - In the matter of condemning and taking railroad
property for the Grand /St. Albans Ponding Project. (File 4 18711 E2 & E3)
Adopted Yeas - 6 Nays - 0
65. Public hearing to consider the application of Clint Dobratz to rezone property from RM -3
(residential multiple family) to B -3 (general business) to allow a building addition with loading dock on
Charles Avenue at 2350 Territorial Road (south side between Raymond Avenue and Charles Avenue).
Motion of intent adopted Yeas - 6 Nays - 0
66. Public hearing to consider the application of Ty Du Pham to rezone property from RT -1 (residential)
to P -1 (parking) to allow construction of a parking lot for the business at 441 University Avenue. (436
Sherburne Avenue and 498 Arundel Street, southeast corner of Sherburne and Arundel)
Motion of intent adopted Yeas - 6 Nays - 0
Suspension Items
Preliminary Order - 96 -675 - In the matter of painting the skyway bridges in downtown including
exterior /interior painting, an exterior accent stripe, test painting, preparation work, traffic control and
insurance, and setting date of public hearing for July 10, 1996. (File 418831)
Adopted Yeas - 6 Nays - 0
Resolution - 96 -676 - Approving the appointment of Tim Rogers to the Joint Saint Paul /Minneapolis
Living Wage Task Force.
Adopted Yeas - 6 Nays - 0
Resolution - 96 -677 - Requesting that staff report on how to retain the Minnesota Relay Service in Saint
Paul.
Adopted Yeas - 6 Nays - 0
Resolution - 96 -678 - Directing City staff to execute an agreement between the Riverfront Corporation
and the City of Saint Paul for City management and operation of the Big Top tent owned by the
Riverfront Corporation at Harriet Island.
Adopted Yeas - 5 Nays -1 (Rettman)
Resolution - 96 -679 - Directing City staff to execute an agreement between the University of Minnesota
and the City of Saint Paul for operation of the Minnesota Showboat Theater at Harriet Island Park.
Adopted Yeas - 5 Nays -1 (Rettman)
Resolution - 96 -680 - Agreeing to hold a City Council closed meeting on June 19, 1996, at 2:30 p.m. in
the Northwest Conference Room, 3rd Floor, City Hall, to consider strategy for labor negotiations.
Adopted Yeas - 6 Nays - 0
Resolution - 96 -681 - Accepting a gift to the Mayor from the Capital City Partnership for expenses
related to the promotional tour for the Taste of Minnesota including travel, meals, and related
promotional materials.
Adopted Yeas - 5 Nays -1 (Rettman)
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