Minutes 3-5-1997Page 1 of 8
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, March 5,1997 - 3:30 PM
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 Hearing
• Suspension Items
Present - 7 - Councilmembers Blakey, Bostrom, Harris, Mauer, Megard, Rettman, Thune
Absent - 0
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 February 12, 1997.
Adopted Yeas - 7 Nays - 0
2. Claims of Richard Andre, Sheila Barnes, Scott Bloomquist, Jeanne Clemens, Donald Freundl, David
Gassman, Judith Larson, Jill Markovich, Antonio Mendoza, Jessica Meza, Vicki Olson, Rural Insurance
(for David Easter), Steven Samuelson, and Paul Wilhoit.
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Referred to Risk /Employee Management Division
3. Summons and Complaint in the matter of Yoshett Brock vs. the City of Saint Paul, et. al.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of William J. Quinlan vs. the City of Saint Paul.
Referred to the City Attorney's Office
5. Stipulation in the matter of State of Minnesota vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
6. Notice of Appeal of Award of Commissioners' in the matter of the Port Authority of the City of Saint
Paul vs. the City of Saint Paul, et. al.
Referred to the City Attorney's Office
7. First Amended appeal and Complaint and Allegations and Supporting Exhibits in the matter of
Patrick A. Carlone vs. the City of Saint Paul, et. al.
Referred to the City Attorney's Office
8. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 12, 1997, to consider the report of the Administrative Law Judge concerning adverse action
against licenses held by E. &K.; Corporation, dba Checker's Nite Club, 1066 7th Street East.
9. Letter from the Office of the City Attorney announcing a hearing before the City Council on March
12, 1997, concerning adverse action against the cigarette license held by Conoco Automotive, 1208
Arcade Street.
10. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 12, 1997, concerning adverse action against licenses held by Kirk Auto Service, 880 Selby
Avenue.
11. Letter from the Office of the City Attorney announcing a public hearing before the eity 6011 an
Administrative Law Judge on March 25, 1997, 9:30 a.m., Room 41 St. Paul City Hall, concerning
adverse action against the cigarette licenses held by Good International Corp., dba Convenience of West
7th, 499 West 7th Street.
12. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
April 2, 1997, to consider the report of the Administrative Law Judge concerning adverse action against
licenses held by Lewis Stevens, dba Civic Center Auto service, 459 Toronto Street.
13. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on March 26, 1997, to consider the appeal of Don and Corinne
Scherbert to a decision of the Board of Zoning Appeals granting a side yard setback variance in order to
construct an attached garage at 2412 Carter Avenue.
14. Letter from Saint Paul Public Health declaring 557 Jenks Avenue and 850 Maryland Avenue East as
"nuisance property." (For notification purposes only; public hearing will be scheduled at a later date if
necessary.)
15. Communication from Saint Paul Animal Control dated February 24, 1997, announcing a request
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from the University of Minnesota Research Lab for unclaimed dogs and cats.
16. Administrative Orders:
. D001148 Amending the 1996 budget in the Office of Human Resources by moving salary dollars
from activity where staff was budgeted to the activity where staff was paid.
. D001149 Addition of $110,925.94 to the contract for 95 Inflow & Infiltration Corrections.
. D001150 Addition of $2,583.00 to the contract for Saint Paul Civic Center Expansion, CP -4
Building Construction Multiscope - Parking Ramp.
. D001151 Addition of $4,049.00 to the contract for Mears Park Sidewalk Replacement.
. D001152 Addition of $17,417.00 to the contract for Burlington Northern Pond Outlet.
. D001153 Addition of $7,154.00 to the contract for Saint Paul Civic Center Expansion, CP -I
Science Museum Turnaround.
. D001154 Addition of $3,253.00 to the contract for Saint Paul Civic Center Expansion, CP -4
Building Construction.
. D001155 Addition of $15,460.00 to the contract for Saint Paul Civic Center Expansion, CP -4
Building Construction.
. D001156 Amending the 1996 budget in the Department of Public Works to revise the 1996 traffic
operations general fund budget.
Noted as on file in the City Clerk's Office
17. Resolution - 97 -180 - Approving the reappointment of Dr. Susan Cole, Jay Cowles, Victoria Davis,
Jack Hoeschler, and Patricia J. Tototzintle, by Mayor Coleman, to serve on the Saint Paul Riverfront
Corporation. (Laid over from February 26 for adoption)
Adopted Yeas - 7 Nays - 0
18. Resolution - 97 -205 - Approving the appointments of Donavan Cummings and Jose Verdeja, and the
reappointments of Mary Thoemke and Richard Miller, by Mayor Coleman, to the Capital Improvement
Budget Committee. (To be laid over one week for adoption)
Laid over to March 12 for adoption
19. Resolution - 97 -206 - Approving the reappointments of Russell J. Miller and Stephen Wellington,
and the appointments of John Fahey, Cornell Tandooahnippah, Stephen D. Gordon, Ruby Lee, John
Margot, Thomas Olesak, Kathleen Sundberg, and Ron Whitcomb, by Mayor Coleman, to the
Neighborhood Sales Tax Reinvestment (STAR) Program Board of Directors. (To be laid over one week
for adoption)
Laid over to March 12 for adoption
20. Resolution - 97 -207 - Approving the appointments of Isabel A. Chanslor and Julia M. Cruz, by
Mayor Coleman, to serve on the Saint Paul Human Rights Commission. (To be laid over one week for
adoption)
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Laid over to March 12 for adoption
21. Resolution - 97 -208 - Supporting an application for National Community Development Initiative
Funding.
Adopted as amended Yeas - 7 Nays - 0
22. Resolution - 97 -209 - Authorizing the Division of Parks and Recreation to undertake a Pest Control
Program on City park properties and post notification of same.
Adopted Yeas - 7 Nays - 0
23. Resolution - 97 -210 - Directing the Division of Parks and Recreation to enter into an agreement with
the Public Housing Agency authorizing the City to manage the recreation space at McDonough
Community Center.
Substitute introduced and adopted Yeas - 7 Nays - 0
24. Resolution - 97 -211 - Authorizing the proper City officials to accept and expend $59,139.00 of grant
funding made available through the Saint Paul Public Housing Agency for youth programming and teen
council activities at McDonough Recreation Center.
Adopted Yeas - 7 Nays - 0
25. Resolution - 97 -212 - Authorizing the Department of Fire & Safety Services to enter into a fire
protection contract with Minnesota Mining and Manufacturing Company and the City of Maplewood.
Adopted Yeas - 7 Nays - 0
26. Resolution - 97 -213 - Establishing "No Parking 8AM -8PM, Monday through Friday, Except by
Permit" on both sides of Portland Avenue between Howell Street and Prior Avenue.
Adopted Yeas - 7 Nays - 0
27. Resolution - 97 -214 - Accepting the Adverse Lending Report on Attachment A and authorizing the
Neighborhood STAR Board to begin review of the Neighborhood STAR Small Grant Applications.
Adopted Yeas - 7 Nays - 0
28. Resolution - 97 -215 - Approving the Response Order and Financial Settlement Agreement for the
Hubbard Project.
Adopted Yeas - 7 Nays - 0
29. Resolution - 97 -216 - Establishing years 1998 through 2002 of the Residential Street Paving
Program. Adopted as amended Yeas - 7 Nays - 0
30. Resolution - 97 -217 - Finalizing City Council action taken November 13, 1996, denying the
application of 2145 Limited Liability Partnership to modify or delete restrictions previously imposed by
the City Council on the building located at 2145 Ford Parkway.
Adopted Yeas - 7 Nays - 0
31. Resolution - 97 -218 - Requesting an extension of time to complete work being done on a building at
282 Harrison Avenue.
Adopted Yeas - 7 Nays - 0
32. Preliminary Order - 97 -219 - In the matter of sidewalk reconstruction both sides of East Cottage
Avenue from Mendota Street to Forest Street; the west side of North Hazel Street from East Seventh
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Street to Stillwater Avenue; both sides East Hyacinth Avenue from Mendota Street to Forest Street; both
sides of East Ivy Avenue from Mendota Street to Forest Street; both sides of East Seventh Street from
North White Bear Avenue to Van Dyke Street and the north side of East Seventh Street from Van Dyke
Street to North Hazel Street; and both sides of York Avenue from Walsh Street to Weide Street, and
setting date of public hearing for April 23, 1997. (File 4S97018- S97023)
Adopted Yeas - 7 Nays - 0
33. Preliminary Order - 97 -220 - In the matter of sidewalk reconstruction on both sides of East Fourth
Street from Forest Street to Cypress Street; both sides of North Howard Street from Bush Avenue to
East Seventh Street; both sides of Lake Street from East Seventh Street to Stillwater Avenue; both sides
of East Sixth Street from Arcade Street to Mendota Street; both sides of East Sixth Street from Forest
Street to Cypress Street; both sides of East Sixth Street from Mendota Street to Forest Street; and both
sides of East Sixth Street from North Winthrop Street to North McKnight Road, and setting date of
public hearing for April 23, 1997. (File 4S97024- S97030)
Adopted Yeas - 7 Nays - 0
34. Preliminary Order - 97 -221 - In the matter of sidewalk construction on the east side of Darlene Street
from East Hoyt Avenue to East Idaho Avenue, the west side of David Street from East Hoyt Avenue to
East Idaho Avenue, and the south side of East Idaho Avenue from Darlene Street to David Street, and
setting date of public hearing for April 23, 1997. (File 4S97031)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
35. Resolution - 97 -69 - Authorizing financing in the amount of $2,340,000.00 for the purchase of Civic
Center Equipment. (Laid over from February 12)
Laid over to March 19 Yeas - 7 Nays - 0
36. Resolution - 97 -126 - Establishing the rate of pay for the Library Director position in the Salary Plan
and Rates of Compensation Resolution. (Laid over from February 12)
Withdrawn
37. Resolution - 97 -132 - Directing the Department of Public Works to stripe an on- street bicycle lane
along Mississippi River Boulevard. (Laid over February 12)
Laid over to April 2 Yeas - 7 Nays - 0
38. Resolution - 97 -143 - Approving the reappointment, by Mayor Coleman, of Timothy Fuller as Fire
Chief of the Department of Fire and Safety Services for a new term commencing April 2, 1997. (Laid
over from February 12)
Substitute introduced and adopted as amended
Yeas 4 Nays - 2 (Bostrom, Thune) (Mauer not present for vote)
(Reconsidered at the end of the meeting to include Mauer's vote)
Yeas - 4 Nays - 3 (Bostrom, Mauer, Thune)
39. Resolution - 97 -164 - Requesting the Charter Commission's recommendation regarding City Council
elections in the case of all vacancies in the position of Councilmember. (Laid over from February 19)
Laid over to March 12 Yeas - 6 Nays - 0 (Rettman not present for vote)
40. Resolution - 97 -178 - Approving the skyway connection necessary in order to increase convention
revenues. (Laid over from February 19)
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Adopted as amended Yeas - 6 Nays - 1 (Blakey)
41. Resolution - 97 -185 - Approving payment of $24,000 to Cynthia Guidaboni in full settlement of her
claim against the City of Saint Paul. (Laid over from February 26)
Adopted Yeas - 4 Nays - 3 (Blakey, Harris, Rettman)
42. Houses to Homes Program (Laid over from February 19)
A. "Results of the Fiscal Impacts of the Saint Paul Houses to Homes Program." Research funded by
Saint Paul Local Initiatives Support Corporation (LISC) sponsored by the Coalition for Community
Development.
Ed Goetz, University of Minnesota Housing Programs
Report accepted Yeas - 7 Nays - 0
B. Planning and Economic Development Perspective on the Research.
Pam Wheelock, Director, Department of Planning and Economic Development
ORDINANCES
43. Final Adoption - 97 -146 - 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. (Rezone property at 110
West Sycamore Street from B -3 to I -1) (Public hearing held January 22)
Adopted Yeas - 7 Nays - 0
44. Final Adoption - 97 -91 - An ordinance amending the Saint Paul Legislative Code Section 43.02 to
improve the definition of owner.
Adopted Yeas - 7 Nays - 0
45. Final Adoption - 97 -144 - An ordinance establishing the position of Library Director in the
unclassified service pursuant to Section 12.03.2(H) of the City of Saint Paul Charter.
Failed Yeas - 2 Nays - 5 (Blakey, Harris, Megard, Rettman Thune)
46. Final Adoption - 97 -145 - An ordinance amending Chapter 21 of the Administrative Code, entitled
Officer's Qualifications, by establishing minimum qualifications for the unclassified position of Library
Director.
Withdrawn
47. First Reading - 97 -222 - An ordinance adopting zoning ordinance amendments related to the
Thomas Dale Small Area Plan and 40 Acre Study.
Laid over to March 12 for second reading
PUBLIC HEARINGS
48. Third Reading - 97 -177 - An ordinance amending Section 2.05 of the Saint Paul Charter in
accordance with Minn. Stat. § 410.12.
Laid over to March 12 for final adoption and continuation of public hearing
Yeas - 6 Nays - 0 ( Rettman not present for vote)
49. Resolution - 97 -223 - Approving application for a Parking Lot /Ramp License by Twin City Airport
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Parking, 2544 Stewart Avenue. (ID 477745)
Adopted as amended Yeas - 7 Nays - 0
50. Resolution - 97 -224 - Concerning adverse action against cigarette license held by Adam's Food, Inc.,
361 Earl Street. (Uncontested)
Adopted Yeas - 7 Nays - 0
51. Resolution - 97 -225 - Concerning adverse action against cigarette license held by Ward Mens, dba
Concord Drug, 176 Concord Street. (Uncontested)
Adopted Yeas - 7 Nays - 0
52. Resolution - 97 -226 - Concerning adverse action against cigarette license held by Bassam H. Hasan,
dba Dale & Selby Superette & Deli, 618 Selby Avenue. (Uncontested)
Adopted Yeas - 7 Nays - 0
53. Resolution - 97 -227 - Concerning adverse action against cigarette license held by Greg Ekbom, dba
Day By Day Cafe, 477 West 7th Street. (Uncontested)
Adopted Yeas - 7 Nays - 0
54. Resolution - 97 -228 - Concerning adverse action against cigarette license held by Green Brothers,
Inc., dba Eastern Heights Service, 1770 Old Hudson Road. (Uncontested)
Adopted Yeas - 7 Nays - 0
55. Resolution - 97 -229 - Concerning adverse action against cigarette license held by E.S.W., dba Easy
Street West, 616 Como Avenue. (Uncontested)
Adopted Yeas - 7 Nays - 0
56. Resolution - 97 -230 - Concerning adverse action against cigarette license held by Four Seasons
Automotive Service, Inc., 373 Ruth Street North. (Uncontested)
Adopted Yeas - 6 Nays - 0 (Rettman not present for vote)
57. Resolution - 97 -231 - Concerning adverse action against cigarette license held by Frank Willman
Distribution, dba Gala Foods, 1600 White Bear Avenue North. (Uncontested)
Adopted Yeas - 6 Nays - 0 (Rettman not present for vote)
58. Resolution - 97 -232 - Concerning adverse action against cigarette license held by Reyes Group, Inc.,
dba Hazel Park Amoco, 1200 White Bear Avenue North. (Uncontested)
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
59. Resolution - 97 -233 - Concerning adverse action against cigarette license held by Jerry Belgea
Enterprises, Inc., dba Jeraldine's, 605 Front Avenue. (Uncontested)
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
60. Resolution - 97 -234 - Concerning adverse action against cigarette license held by James Kennedy,
dba Kennedy Pharmacy, 334 Robert Street North. (Uncontested)
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
61. Resolution - 97 -235 - Concerning adverse action against cigarette license held by Sonny's Bar, Inc.,
dba Louie's Bar, 883 Payne Avenue. (Uncontested)
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
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62. Resolution - 97 -236 - Concerning adverse action against cigarette license held by Laro Inc., dba
Patrick's Lounge, 1318 Larpenteur Avenue West. (Uncontested)
Adopted Yeas - 7 Nays - 0
63. Resolution - 97 -237 - Concerning adverse action against eigttrette alcohol license held by Walmont,
Inc., dba Tiffany Lounge, 2051 Ford Parkway. (Uncontested)
Adopted as amended Yeas - 7 Nays - 0
64. Resolution - 97 -238 - Concerning adverse action against cigarette license held by Avanti Petroleum,
Inc., dba Total Mart 45667, 304 Larpenteur Avenue East. (Uncontested)
Adopted as amended Yeas - 4 Nays - 3 (Blakey, Bostrom, Rettman)
65. Resolution - 97 -239 - Approving vacation of a portion of Gilbert Avenue.
Adopted Yeas - 7 Nays - 0
Suspension Items
Resolution - 97 -240 - Authorizing the Police Department to assist in raising funds for the James Sackett
Memorial.
Adopted Yeas - 7 Nays - 0
Resolution - 97 -241 - Approving application for a Liquor On Sale -C, Sunday On Sale Liquor,
Restaurant -B, entertainment -A, and Cigarette License by Elemel, Inc., dba Governor's Fine Food, 959
Arcade Street.
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
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