Minutes 4-2-1997Page 1 of 9
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, April 2, 1997 - 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
Present - 7 - Bostrom, Blakey, Harris, Megard, Morton, Rettman, Thune
Absent - 0
Web Index
• Consent Agenda
• For Action
• Administrative orders
• For Discussion
• Ordinances
• Public Hearings
• Miscellaneous
• Suspension Item
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
The following communication was read into the record by Nancy Anderson, Assistant Secretary to the
City Council:
A public hearing will be held before the City Council on April 9, 1997, to consider the appeal of
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120251\Minutes 4 -... 12/15/2010
Page 2 of 9
Pineview Homes to a decision of the Heritage Preservation Commission denying approval of a building
permit to construct an eight -unit townhome project at 496 Laurel Avenue (southeast corner at Mackubin
Street).
1. Claims of American Family Insurance (for Patricia & Thom Kingston), Natalie Amundsen, Thomas
Kromroy, Legal Associates (for Mai Luong), Susan Mauch, Dennis Scroggins, Anna Theisen, Cherie
Torinus, Vee Vang, and Sheng Yang.
Referred to Employee /Risk Management Division
2. Letters from Saint Paul Public Health declaring 275 Harrison Avenue, 293 Harrison Avenue, 915
Sherburne Avenue, and 846 Western Avenue North as "nuisance properties." (For notification purposes
only; public hearings will be scheduled at a later date if necessary.)
3. Letter from Ramsey County Property Records and Revenue requesting a reduction in assessed
valuation for property at 1021 Bandana Boulevard East. (AM96 -5541)
4. Communication from Saint Paul Animal Control dated March 24, 1997, announcing a request from
the University of Minnesota Research Lab for unclaimed dogs and cats.
5. Administrative Orders:
D001175 Addition of $29,010.00 to the contract for Energy Efficiency Project at the Saint Paul Civic
Center.
D001176 Approving payment, not to exceed $500.00, for the Police Memorial Day ceremony on May
15, 1997.
D001177 Approving the addition of $24,774.75 to the contract for Saint Paul Civic Center Expansion,
CP -I Demolition, Excavation and Bridge Construction.
D001178 Addition of $21,543.00 to the contract for Saint Paul Civic Center Expansion, CP -4 Building
Construction Mechanical - Parking Ramp Alternate A.
D001179 Addition of $10,401.00 to the contract for Saint Paul Civic Center Expansion, CP -4 Building
Construction Mechanical - Parking Ramp Alternate A.
D001180 Amending the 1996 budget in the Department of Public Health - General Fund.
D001181 Amending the 1995 budget of the Debt Service Fund in the Office of Financial Services to
reflect proper project codes.
D001182 Amending the 1996 budget in the Police Department to provide sufficient funding at the major
object level of the Police Department's 1996 Crime Lab Special Revenue Fund.
Noted as on file in the City Clerk's Office
D001183 Amending the 1996 budget in the Department of Public Works by transferring spending
authority within the Street Repair and Cleaning Fund to adjust spending budgets for the year 1996 for
compliance with fund sufficiency policies.
Laid over to April 9 Yeas - 7 Nays - 0
D001184 Amending the 1997 budget in the Department of Public Works - Capital Project Accounts.
D001185 Deduction of $850.00 from the contract for remodeling of Floors 1 and 3 in the City Hall
Annex.Noted as on file in the City Clerk's Office
6. Resolution - 97 -297 - Approving the appointment of Karen Muller, by Mayor Coleman, to the Family
Housing Fund of Minneapolis and Saint Paul Board of Directors. (Laid over from March 26 for
adoption)Adopted Yeas - 7 Nays - 0
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120251\Minutes 4 -... 12/15/2010
Page 3 of 9
7. Resolution - 97 -298 - Approving the appointment of Greg Simbeck, by Mayor Coleman, to the Youth
Fund Board. (Laid over from March 26 for adoption)
Adopted Yeas - 7 Nays - 0
8. Resolution - 97 -325 - Approving the appointment of Councilmember Jerry Blakey to the Board of
Directors of the Family Housing Fund of Minneapolis and Saint Paul.
Adopted Yeas - 7 Nays - 0
9. Resolution - 97 -326 - Finalizing City Council action taken February 26, 1997, concerning adverse
action against licenses held by Hut Thi Le, dba Credit Auto Sales, Inc., 859 University Avenue.
Adopted Yeas - 7 Nays - 0
10. Resolution - 97 -327 - Finalizing City Council action taken February 26, 1997, concerning adverse
action against licenses held by Scanlon's Ace Box Bar & Pub, Inc., dba Dublin Bar, 2162 West
University Avenue.
Adopted Yeas - 7 Nays - 0
11. Resolution - 97 -328 - Finalizing City Council action taken March 12, 1997, concerning adverse
action against licenses held by Sharon Casselman, dba Home Sweet Home Antiques, 941 Grand
Avenue.
Adopted Yeas - 7 Nays - 0
12. Resolution - 97 -329 - Finalizing City Council action taken February 26, 1997, denying the license
application of Private Protection, Inc., Carl Lee Green, CEO, 920 Selby Avenue
Adopted Yeas - 7 Nays - 0
13. Resolution - 97 -330 - Approving payment of $5,000.00 to Ivette Cosme and attorney's Thuet, Pugh,
Rogosheske & Atkins, Ltd. in full settlement of their claim against the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
14. Resolution - 97 -331 - Approving a contract between the City of Saint Paul, Saint Paul Public Health
and Dennis Bealka, M.D. to provide medical services in the Women's Health Program.
Adopted Yeas - 7 Nays - 0
15. Resolution - 97 -332 - Allowing the Saint Paul Police Department to enter into a contract with the
Griffin Companies for space for a sub - station in Galtier Plaza.
Adopted Yeas - 7 Nays - 0
16. Resolution - 97 -333 - Allowing the Saint Paul Police Department to enter into a contract with K/B
Fund III for space for a sub - station in Town Square.
Adopted Yeas - 7 Nays - 0
17. Resolution - 97 -334 - Accepting a contribution of $3,000.00 from Remmele Engineering, Inc. for the
D.A.R.E. program.
Adopted Yeas - 7 Nays - 0
18. Resolution - 97 -335 - Amending the 1997 budget for the Rice and Arlington Dome Project.
Adopted Yeas - 7 Nays - 0
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120251\Minutes 4 -... 12/15/2010
Page 4 of 9
19. Resolution - 97 -336 - Authorizing Como Zoo to reestablish Talking Story Boxes.
Adopted Yeas - 7 Nays - 0
20. Resolution - 97 -337 - Authorizing the proper City officials and the Como Conservatory Horticultural
Society to proceed with building the Conservatory's endowment fund and recognizing contributions to
the fund by developing a Celebration Plaza.
Adopted Yeas - 7 Nays - 0
21. Resolution - 97 -338 - Authorizing the proper City officials and Como Zoological Society to
undertake design and fundraising activities for the construction of a Donor Plaza and Gorilla Forest
Exhibit.
Adopted Yeas - 7 Nays - 0
22. Resolution - 97 -339 - Approving disbursement of Youth Program Funds for Asian Pacific Youth
Alliance, Boosters East, Inc., Dayton's Bluff Booster Club, Duluth & Case Booster Club, Dunning
Boosters, Eastside Wrestling Organization, History Day Support Club, Merriam Park Booster Club,
North Star "Hockey For Kids" Group, St. Paul Midway Little League, St. Paul Science Fair Support
Groups, Snelling/Hamline Community Council, Sports For Life, Twin Star Baseball Club, Valley
Booster Club, Volleyball For Her, Wilder Youth Club, Inc., and Youth Express.
Adopted Yeas - 7 Nays - 0
23. Resolution - 97 -340 - Authorizing Council Research to conduct a study on gun violence programs
which have been initiated in Minnesota and throughout the country.
Adopted Yeas - 7 Nays - 0
24. Resolution - 97 -341 - Concerning the
Taxicab Driver's License Renewal Application submitted by Daniel R. Breckman, 1057 Portland
Avenue.Laid over to April 23 for public hearing
Yeas - 7 Nays - 0
25. Resolution - 97 -342 - Requesting an extension of time to complete work being done on a building at
665 East Jessamine.
Adopted Yeas - 7 Nays - 0
26. Preliminary Order - 97 -343 - In the matter of sidewalk reconstruction on the south side of Lafond
Avenue from North Milton Street to North Chatsworth Street and both sides of Van Buren Avenue from
North Chatsworth Street to North Oxford Street, and setting date of public hearing for May 7, 1997.
(File 4597001, 597002)
Adopted Yeas - 7 Nays - 0
27. Preliminary Order - 97 -344 - In the matter of sidewalk reconstruction at 856 Jackson Street, 991
Arcade Street, 844 Payne Avenue, 838 Iroquois Avenue, 2130 Stillwater Avenue, and 2189 Ross
Avenue, and setting date of public hearing for May 28, 1997. (File 4597032)
Adopted Yeas - 7 Nays - 0
28. Preliminary Order - 97 -345 - Amending the Final Order for the Arlington/Ruth Area Street Paving
and Lighting Project, and setting date of public hearing for May 28, 1997. (File 418833)
Adopted Yeas - 7 Nays - 0
29. Preliminary Order - 97 -346 - In the matter of construction of sanitary sewer /connections and water
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120251\Minutes 4 -... 12/15/2010
Page 5 of 9
main /connections in Return Court from Worcester Avenue to approximately 300 feet south of Worcester
Avenue and in Return Court from Field Avenue to approximately 130 feet north of Field Avenue, and
setting date of public hearing for May 28, 1997. (File 418839, 18839 -W)
Adopted Yeas - 7 Nays - 0
30. Resolution Approving Assessment - 97 -347 - In the matter of permanent easement for public right -
of -way for Maiden Lane between Nina Street and Selby Avenue, and setting date of public hearing for
May 28, 1997. (File 418840)
Adopted Yeas - 7 Nays - 0
31. Resolution Approving Assessment - 97 -348 - In the matter of improving Humboldt Avenue between
George Street and Robie Street, and setting date of public hearing for May 28, 1997. (File 418814)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
32. Discussion of responses to snow plowing issues raised at the January 15, 1997 Policy Session.
(Discussion continued from February 19) (Laid over from March 19)
Stacy Becker, Director, Department of Public Works
William Finney, Police Chief
Laid over to April 23 Yeas - 7 Nays - 0
33. Resolution - 97 -132 - Directing the Department of Public Works to stripe an on- street bicycle lane
along Mississippi River Boulevard. (Laid over from March 5)
Laid over to May 14 Yeas - 5 Nays - 0 (Bostrom & Harris not present)
34. Administrative Order:
D001166 Transferring $45,000.00 in CDBG funds to the 1997 Safe City Crime Prevention program.
(Laid over from March 19)
Noted as on file in the City Clerk's Office
35. Letter from Mayor Coleman dated March 7, 1997, vetoing Council File 97 -184 pertaining to hiring a
project manager to coordinate anti -gun activities. (Laid over from March 19)
36. 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 March 26) (Companion to Ordinance 97 -177, Item 445)
Adopted Yeas - 6 Nays -1 (Rettman)
37. Presentation by the Administration on an evaluation work plan for the Saint Paul Fire Chief. (Laid
over from March 26)
Laid over to April 9 Yeas - 5 Nays - 0 (Bostrom & Harris not present)
38. Resolution - 97 -313 - Adopting the Thomas Dale Small Area Plan as an amendment to the
Comprehensive Plan. (Companion to Ordinance 97 -222, Item 441) (Laid over from March 26)
Adopted as amended Yeas - 5 Nays - 0 (Bostrom & Harris not present)
The Comprehensive Plan was also amended
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120251\Minutes 4 -... 12/15/2010
Page 6 of 9
39. Resolution - 97 -349 - Creating a Capital City Development Program.
Laid over to April 30 Policy Session Yeas - 5 Nays - 0
(Bostrom & Harris not present)
40. Resolution - 97 -350 - Approving preliminary design funding for an enclosed pedestrian walkway
between the Saint Paul Civic Center and the downtown skyway system.
Adopted Yeas - 6 Nays - 1 (Blakey)
ORDINANCES
41. Final Adoption - 97 -222 - An ordinance adopting zoning ordinance amendments related to the
Thomas Dale Small Area Plan and 40 Acre Study. (Companion to Resolution 97 -313, Item 438)
Adopted Yeas - 5 Nays - 0 (Bostrom and Harris not present)
42. Second Reading - 97 -314 - An ordinance amending Chapter 324 of the Saint Paul Legislative Code
to permit administrative payment of fines for first and second violations for sale of cigarettes to minors.
Laid over to April 9 for third reading /public hearing
43. First Reading - 97 -351- An ordinance finalizing City Council action approving the petition of the
Saint Paul Port Authority to rezone property at the Arlington- Jackson Business Park from B -2 to I -1.
(Public hearing held January 8, 1997).
Laid over to April 9 for second reading
44. First Reading - 97 -352 - An ordinance finalizing City Council action approving the petition of
Daniel and Linda Burns to rezone property at 986 Grand Avenue from RM -2 to P -1. (Public hearing
held February 26, 1997)
Laid over to April 9 for second reading
PUBLIC HEARINGS
45. Final Adoption - 97 -177 - An ordinance amending Section 2.05 of the Saint Paul Charter in
accordance with Minn. Stat. § 410.12. (Substitute introduced and public hearing continued from March
26) (Companion to Resolution 97 -164, Item 436)
Laid over indefinitely Yeas - 7 Nays - 0
46. Third Reading - 97 -279 - An ordinance amending Chapter 11 of the Saint Paul Legislative Code to
improve upon the language and to more accurately reflect the current animal control environment in the
City and allow service animals assisting individuals with disabilities on the grounds in City markets.
Laid over to April 9 for final adoption
47. Third Reading - 97 -280 - An ordinance amending Chapter 45 of the Saint Paul Legislative Code to
bring the chapter up -to -date and reflect the current situation requiring permits to be obtained from the
Office of License, Inspections and Environmental Protection.
file: //C:ADOCUME— l\LFSUPP —l\ LOCALS —1 \Temp \ELF20101215_12025IWinutes 4 -... 12/15/2010
Page 7 of 9
Laid over to April 9 for final adoption
48. Third Reading - 97 -281 - An ordinance amending Chapter 140 of the Saint Paul Legislative Code to
improve upon the language and to more accurately reflect the current animal control environment in the
city and allow service animals assisting individuals with disabilities into the skyway system.
Laid over to April 9 for final adoption
49. Third Reading - 97 -282 - An ordinance amending Chapter 170 of the Saint Paul Legislative Code to
allow horses from the Saint Paul police horse patrol into City parks, parkways or recreation areas
without permission of the director.
Laid over to April 9 for continuation of third reading /public hearing
50. Third Reading - 97 -283 - An ordinance amending Chapter 196 of the Saint Paul Legislative Code to
bring the chapter up -to -date, improve upon the language and to more accurately reflect the current
animal control environment in the City.
Laid over to April 9 for final adoption
51. Third Reading - 97 -284 - An ordinance repealing Chapter 197 of the Saint Paul Legislative Code.
Laid over to April 9 for final adoption
52. Third Reading - 97 -285 - An ordinance amending Chapter 198 of the Saint Paul Legislative Code to
bring the chapter up -to -date, improve upon the language and to more accurately reflect the current
animal control environment in the City.
Laid over to April 9 for final adoption
53. Third Reading - 97 -286 - An ordinance amending Chapter 199 of the Saint Paul Legislative Code to
bring the chapter up -to -date, require that ferrets be vaccinated against rabies, improve upon the language
and to more accurately reflect the current animal control environment in the City.
Laid over to April 9 for final adoption
54. Third Reading - 97 -287 - An ordinance amending Chapter 200 of the Saint Paul Legislative Code to
bring the chapter up -to -date, improve upon the language and to more accurately reflect the current
animal control environment in the City. Creates section 200.17 Collars, leashes, tie outs. (Amended
March 19)
Laid over to April 9 for final adoption
55. Third Reading - 97 -288 - An ordinance amending Chapter 347 of the Saint Paul Legislative Code to
bring the chapter up -to -date, require Saint Paul pet -shop owners to provide customers purchasing an
animal requiring a permit the necessary documentation for obtaining a permit and to more accurately
reflect the current animal control environment in the City.
Laid over to April 9 for final adoption
56. Resolution - 97 -353 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 1572 Portland Avenue.
Laid over to April 23 Yeas - 7 Nays - 0
57. Final Order - 97 -354 - In the matter of reconstruction of sidewalks on both sides of Webster Street
from Grace Street to Jefferson Avenue; both sides of Livingston Avenue from East Sidney Street to East
Belvidere Street; both sides of Winslow Avenue from West Elizabeth Street to West Baker Street; the
north side of West George Street from Hall Avenue to Stryker Avenue and the east side of Stryker
Avenue from West George Street to West Robie Street; and both sides of Richmond Street from Banfil
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120251\Minutes 4 -... 12/15/2010
Page 8 of 9
Street to Goodhue Street and the east side of Richmond Street from Banfil Street to Goodrich Avenue.
(File 4597003 - 597007)
Adopted Yeas - 7 Nays - 0
58. Resolution - 97 -315 - Approving application for a Gas Station License by Erickson Oil Products,
Inc., dba Freedom Value Centers, 1215 North Dale Street. (ID 466443) (Laid over from March 26)
Adopted as amended Yeas - 5 Nays - 0 (Blakey & Thune not present)
59. Resolution - 97 -202 - Approving application for a General Repair Garage License by Steven Haney,
594 West Maryland Avenue. (ID 47495 1) (Laid over from March 12)
Adopted Yeas - 5 Nays - 0 (Blakey & Thune not present)
60. Resolution - 97 -355 - Approving application for a State Class B Gambling Premise Permit by
Barbara Kale on behalf of Midway Transportation, Inc. at Cab's Pub & Eatery, 992 Arcade Street. (ID 4
Pending)
Adopted Yeas - 5 Nays - 0 (Blakey & Thune not present)
61. Resolution - 97 -356 - Approving application for a Gambling Manager's License by Philip Swanson,
dba Midway Transportation, Inc., at Cab's Pub & Eatery, 992 Arcade Street. (ID 419734)
Adopted Yeas - 5 Nays - 0 (Blakey & Thune not present)
62. Resolution - 97 -357 - Concerning adverse action against the cigarette license held by PJJ, Inc., dba
Bandana Cleaners, 1021 Bandana Boulevard East. (Uncontested)
Adopted Yeas - 5 Nays - 0 (Blakey & Thune not present)
63. Resolution - 97 -358 - Concerning adverse action against the cigarette license held by River House
Corp., dba Buon Giorno Italian Market, 335 University Avenue East. (Uncontested)
Adopted Yeas - 5 Nays - 0 (Blakey & Thune not present)
64. Resolution - 97 -359 - Concerning adverse action against the cigarette license held by Capital City
Check Cashing, 477 Rice Street. (Uncontested)
Adopted Yeas - 5 Nays - 0 (Blakey & Thune not present)
65. Resolution - 97 -360 - Concerning adverse action against the cigarette license held by David M.
Kroona, dba Eastern Heights Amoco, 1785 Suburban Avenue. (Uncontested)
Adopted Yeas - 5 Nays - 0 (Blakey & Thune not present)
66. Resolution - 97 -361 - Concerning adverse action against the cigarette license held by East Side
Hospitality, Inc., dba Hafner's Bowling Center, 1560 White Bear Avenue North. (Uncontested)
Adopted Yeas - 5 Nays - 0 (Blakey & Thune not present)
67. Resolution - 97 -362 - Concerning adverse action against the cigarette license held by Holiday
Station Stores, Inc., dba Holiday 47, 500 7th Street East. (Uncontested)
Adopted Yeas - 6 Nays - 0 (Blakey not present)
68. Resolution - 97 -363 - Concerning adverse action against the cigarette license held by James S.
Kowalski, dba Kowalski's Grand Market, Inc., 1261 Grand Avenue. (Uncontested)
Adopted Yeas - 6 Nays - 0 (Blakey not present)
69. Resolution - 97 -364 - Concerning adverse action against the cigarette license held by Quality Food
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120251\Minutes 4 -... 12/15/2010
Page 9 of 9
& Gas, 1530 Sherwood Avenue. (Uncontested)
Adopted Yeas - 6 Nays - 0 (Blakey not present)
70. Resolution - 97 -365 - Concerning adverse action against the cigarette license held by Ronco
Corporation, dba Ron's Bar, 879 Rice Street. (Uncontested)
Adopted Yeas - 6 Nays - 0 (Blakey not present)
71. Resolution - 97 -366 - Concerning adverse action against the cigarette license held by Shannon
Kelly's, 395 Wabasha Street North. (Uncontested)
Adopted Yeas - 7 Nays - 0
72. Resolution - 97 -367 - Concerning adverse action against the cigarette license held by SuperAmerica
Group, Inc., dba SuperAmerica 44410, 1198 Earl Street. (Uncontested)
Adopted Yeas - 7 Nays - 0
73. Public hearing to consider the report of the Administrative Law Judge concerning licenses held by E.
& K. Corporation, dba Checker's Nite Club, 1066 7th Street East. (Laid over from March 12)
Accepted Administrative Law Judge's Findings of Fact, Conclusions, and Recommendation as
amended. Yeas - 7 Nays - 0
74. Public hearing to consider the report of the Administrative Law Judge concerning licenses held by
Lewis Stevens, dba Civic Center Auto Service, 459 Toronto Street.
Accepted Administrative Law Judge's Findings of Fact, Conclusions, and Recommendation as
amended. Yeas - 7 Nays - 0
75. Public hearing to consider the report of the Administrative Law Judge concerning licenses held by
Thanh Ngoc Nguyen, dba Cafe Karaoke Do Thanh, 1275 University Avenue West.
Accepted Administrative Law Judge's Findings of Fact, Conclusions, and Recommendation with
condition added to license. Yeas - 7 Nays - 0
76. Public hearing to consider the report of the Administrative Law Judge in the matter of four taxicab
licenses held by CIN & JNJ, Inc.
Accepted Administrative Law Judge's Findings of Fact, Conclusions as amended (added
Conclusion of Law #10), and Recommendation.
Yeas - 5 Nays - 0 (Bostrom & Harris not present)
MISCELLANEOUS
77. Presentation of plaques to the Division of Parks and Recreation /Forestry by Kirk Brown, President
of Tree Trust.
Suspension Item
Resolution - 97 -368 - Authorizing and directing the proper City officials to execute an agreement with
the State of Minnesota for the purpose of permitting fire training exercises at 6101 Stagecoach Avenue,
5920 Penrose Avenue, and 6046 Stagecoach Avenue, Oak Park Heights, MN.
Adopted Yeas - 5 Nays - 0 (Bostrom & Harris not present)
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_120251\Minutes 4 -... 12/15/2010