Minutes 4-9-1997Page 1 of 9
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, April 9, 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 - Blakey, Bostrom, Harris, Megard, Morton, Rettman, Thune
Absent - 0
Web Index
• Consent Agenda
• For Action
• Administrative Orders
• Discussion
• Ordinances
• Public Hearings
• Miscellaneous
• Suspension Items
• Reconsidered 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
1. Approval of minutes of March 5, 1997.
Adopted Yeas - 7 Nays - 0
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2. Claims of Leonard Anderson, Traci Backman, Victor Chan, Brent Cirillo, Barbara Graham, Milbank
Insurance Co. (For Vicki Hagen), Theodore Hecht, Richard and Candice Hickenbotham, John Kolden,
Ann McQuillan, Judy O'Gorman, and Dennis Zimmer.
Referred to Risk /Employee Management Division
3. Summons and Complaint in the matter of 2145 Limited Liability Partnership vs. the City of Saint
Paul.Referred to the City Attorney's Office
4. Motion for Summary Judgement and Notice of Motion for Complaint of Money and Property
Confiscated in the matter of Wiley Young Lodge, III vs. the State of Minnesota.
Referred to the City Attorney's Office
5. Plaintiffs Corrected Affidavit and Plaintiffs Corrected Court Order in the matter of Patrick A.
Carlone and John P. Carlone vs. David Thune.
Referred to the City Attorney's Office
6. Plaintiffs Second Amended Complaint, Affidavit of Plaintiff, etc. in the matter of Patrick A. Carlone
and John P. Carlone vs. David Thune.
Referred to the City Attorney's Office
7. Summons in Application for Registration in the matter of Lot 1, Block 6, the Hamline Syndicate
Addition No. 2 to St. Paul, Ramsey County.
8. Summons in Application for Registration in the matter of Lot 25, J.W. Bass Acre Lots, Ramsey
County.
9. Letter from the Office of the City Attorney announcing the public hearing before the City Council to
consider the Renewal Application for the Taxicab Driver's License held by Daniel R. Breckman, 1057
Portland Avenue, has been rescheduled to April 23, 1997.
10. Letters from Saint Paul Public Health declaring 1383 Arcade Street, 578 Forest Street, 557 Jenks
Avenue, and 587 Stryker Avenue as "nuisance properties" and setting date of Legislative Hearings for
April 15, 1997, and City Council Hearings for April 23, 1997.
11. Letters from Saint Paul Public Health declaring 1359 Blair Avenue and 477 Curtice Street East as
"nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if
necessary.)
12. Communication from Saint Paul Animal Control dated March 31, 1997, announcing a request from
the University of Minnesota Research Lab for unclaimed dogs and cats.
13. Administrative Orders:
D001186 Extending the contract completion date from November 3, 1995 to May 30, 1996 for
Prosperity Avenue Realignment, Project No. 95 -P -1119.
D001187 Amending the 1996 budget in the Division of Parks and Recreation - Municipal Stadium Fund
334.
D001188 Addition of $24,705.00 to the contract for Saint Paul Civic Center Expansion, CP -4 Building
Construction.
D001189 Addition of $29,188.00 to the contract for Saint Paul Civic Center Expansion, CP -4 Building
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Construction.
D001190 Addition of $40,889.00 to the contract for Saint Paul Civic Center expansion, CP -4 Building
Construction.
D001191 Amending the 1996 budget in the Department of Technology and Support Services by
transferring $14,900.00 to enable completion of projects begun in 1996.
D001192 Addition of $454,262.20 to the contract for Bates - McClean Sewer Separation & Paving
Proj ect.
D001193 Extending the contract completion date from November 3, 1995, to June 7, 1996 for the Hoyt
Avenue - Hamline to Victoria Project.
D001194 Extending the contract completion date from November 15, 1995 to June 7, 1996 for the
George Street - Smith to Concord Project.
D001195 Amending the 1996 budget in the Police Department to provide sufficient funding at the major
object levels of the 1996 Special Projects - Police Special Revenue Fund 436.
D001196 Addition of $10,300.00 to the contract for Saint Paul Civic Center Expansion CP -4 Building
Construction Mechanical - Parking Ramp Alternate A.
Noted as on file in the City Clerk's Office
14. Resolution - 97 -369 - Approving the appointment of William Tyrone Terrill, by Mayor Coleman, to
serve as the Director of the Saint Paul Human Rights Department.
Laid over to April 16 Yeas - 4 Nays - 3 (Bostrom, Morton, Rettman)
15. Resolution - 97 -370 - Approving the appointment of Councilmember Gladys Morton, by Mayor
Coleman, to the Water Board of Commissioners.
Adopted Yeas - 7 Nays - 0
16. Resolution - 97 -371 - Authorizing City signatures on an Agreement between the City of Saint Paul,
acting through Saint Paul Public Health, and the University of Minnesota School of Nursing for the
provision of clinical experiences for students in nursing.
Adopted Yeas - 7 Nays - 0
17. Resolution - 97 -372 - Authorizing the City to submit to the U.S. Department of Housing and Urban
Development Saint Paul's 1997 Consolidated Plan - One Year Update (CDBG, ESG, HOME).
Adopted Yeas - 7 Nays - 0
18. Resolution - 97 -373 - Establishing a budget in the Police Department's Narcotics - Special
Investigations fund to continue the purchase of equipment and upgrade the current Computer Aided
Dispatch System.
Adopted Yeas - 7 Nays - 0
19. Resolution - 97 -374 - Amending the 1997 Capital Improvement Budget by decreasing 1997 MSA
Contingency by $26,730.00.
Adopted Yeas - 7 Nays - 0
20. Resolution - 97 -375 - Authorizing the Library to apply for a grant from the State of Minnesota for
accessibility at the Arlington Hills Branch Library.
Adopted Yeas - 7 Nays - 0
21. Resolution Approving Assessment - 97 -376 - In the matter of construction and /or reconstruction of
sidewalks at 906 Juno Avenue, 2135 Bayard Avenue, 2117 Highland Parkway, 2173 Scheffer Avenue,
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2180 Knapp Street, 2315 & 2394 Valentine Avenue and 2082 & 2084 East Fourth Street, and setting
date of public hearing for June 4, 1997. (File 4S96051)
Adopted Yeas - 7 Nays - 0
22. Resolution Approving Assessment - 97 -377 - In the matter of improving the east -west alley in Block
7, Eastville Heights Addition (bounded by Rose, Forest, Geranium and Mendota), and setting date of
public hearing for June 4, 1997. (File 418787)
Adopted Yeas - 7 Nays - 0
23. Resolution Approving Assessment - 97 -378 - In the matter of improving the alley in Block 15 and in
the block indicated as Iron Works on the recorded plat, Rice Street Villas (bounded by Marion,
Nebraska, Albemarle and Arlington), and setting date of public hearing for June 4, 1997. (File 418809)
Adopted Yeas - 7 Nays - 0
24. Resolution Approving Assessment - 97 -379 - In the matter of condemnation and taking of a
permanent easement for right -of -way purposes in connection with the Wheeler Street/ Munster Avenue
Realignment Project, and setting date of public hearing for June 4, 1997. (File 418841)
Adopted Yeas - 7 Nays - 0
25. Resolution Approving Assessment - 97 -380 - In the matter of construction of storm sewer stub
connections for the 1995 inflow and infiltration project, and setting date of public hearing for June 4,
1997. (File 418842)
Adopted Yeas - 7 Nays - 0
26. Preliminary Order - 97 -381 - In the matter of improving pedestrian access and safety at Dunning
Parks through bumpouts and a traffic signal installation, and setting date of public hearing for June 4,
1997. (File 418843)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
27. Resolution - 97 -187 - Authorizing an amendment to the Pledge Agreement for the Parking and
Transit Fund. (Laid over from March 26)
Adopted Yeas - 6 Nays - 0 (Megard not present for vote)
28. Resolution - 97 -247 - Amending the Pledge Agreement related to the expansion of the Seventh and
Wabasha Streets Parking Ramp. (Laid over from March 26)
Adopted Yeas - 6 Nays - 0 (Megard not present for vote)
29. Presentation by the Administration on an evaluation work plan for the Saint Paul Fire Chief. (Laid
over from April 2)
Work plan was amended
30. Administrative Order:
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 from April 2)
Noted as on file in the City Clerk's Office
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ORDINANCES
(Councilmember Megard was excused from the meeting and not present for the votes on Items 31
through 39)
31. Final Adoption - 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.
Adopted Yeas - 6 Nays - 0
32. Final Adoption - 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.
Adopted Yeas - 6 Nays - 0
33. Final Adoption - 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.
Adopted Yeas - 6 Nays - 0
34. Final Adoption - 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.
Adopted Yeas - 6 Nays - 0
35. Final Adoption - 97 -284 - An ordinance repealing Chapter 197 of the Saint Paul Legislative Code.
Withdrawn
36. Final Adoption - 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.
Adopted Yeas - 6 Nays - 0
37. Final Adoption - 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.
Adopted Yeas - 6 Nays - 0
38. Final Adoption - 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)
Adopted Yeas - 6 Nays - 0
39. Final Adoption - 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.
Substitute introduced and laid over to April 16 for final adoption
Yeas - 6 Nays - 0
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40. Second 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 16 for third reading
41. Second 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 16 for third reading
PUBLIC HEARINGS (Public hearings will begin at 4:30 p.m.)
42. 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 from April 2)
Laid over to April 23 for final adoption
43. Third 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 23 for final adoption
44. Resolution - 97 -382 - Approving application for a Gambling Manager's license by Karen L. Wirkus
dba CLIMB at Kick -off, 1347 Burns Avenue. (ID 411632)
Adopted Yeas - 7 Nays - 0
45. Resolution - 97 -383 - Approving application for a State Class B Gambling Premise Permit by
CLIMB at Kick -Off, 1347 Burns Avenue. (ID 413- 02002)
Adopted Yeas - 7 Nays - 0
46. Resolution - 97 -384 - Approving application for an Auto Repair Garage License by M & M Auto
Repair, 1200 Jackson Street. (ID 412288)
Adopted Yeas - 7 Nays - 0
47. Resolution - 97 -385 - Concerning adverse action against cigarette license held by Salem Haddad &
Assim Abuhejleh, dba Kormann's Supermarket, 719 Burr Street. (Uncontested)
Adopted Yeas - 7 Nays - 0
48. Resolution - 97 -386 - Concerning adverse action against cigarette license held by Fleming
Companies, Inc., dba Rainbow Foods, 892 Arcade Street. (Uncontested)
Adopted Yeas - 7 Nays - 0
49. Resolution - 97 -387 - Concerning adverse action against cigarette license held by Rice Street Super
Meat Market, Inc., 516 Rice Street. (Uncontested)
Adopted Yeas - 7 Nays - 0
50. Resolution - 97 -388 - Concerning adverse action against cigarette license held by Mary W. Fletcher,
dba Selby Avenue Superette, 1025 Selby Avenue. (Uncontested)
Adopted Yeas - 7 Nays - 0
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51. Resolution - 97 -389 - Concerning adverse action against cigarette license held by Bee & May Vang,
dba Super Minni Market, 1187 Minnehaha Avenue East. (Uncontested)
Adopted Yeas - 7 Nays - 0
52. Resolution - 97 -390 - Concerning adverse action against cigarette license held by Unbank Co. II,
1098 University Avenue West. (Uncontested)
Adopted Yeas - 7 Nays - 0
53. Resolution - 97 -391 - Concerning adverse action against cigarette license held by Edward & Robert
Walfoort, dba Walfoort Liquors, 1100 Arcade Street. (Uncontested)
Adopted Yeas - 7 Nays - 0
54. Appeal of Frank Magadance to a summary abatement order for property located at 573 Orleans
Street. (Legislative Hearing Officer recommends denial)
Appeal denied Yeas - 7 Nays - 0
55. Resolution - 97 -392 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcements for property located at 423 N. Fairview Avenue, 1724 Iglehart Avenue, 2065 Wildview
Avenue, 506 Kenny Road, 1563 Breda Avenue, 312 Summit Avenue, 455 W. Maryland Avenue 4307,
78 E. 10th Street 41003, and 1547 Wynne Avenue.
Adopted Yeas - 7 Nays - 0
56. Resolution - 97 -393 - Ordering the owner to remove or repair the building at 421 Blair Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends the
owner be granted 180 days to complete the repairs on the condition bond has been posted)
Adopted as amended per recommendation of the Legislative Hearing Officer
Yeas - 7 Nays - 0
57. Resolution - 97 -394 - Ordering the owner to remove or repair the building at 908 Hague Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Laid over to October 8 Yeas - 6 Nays -1 (Rettman)
58. Resolution - 97 -395 - Ordering the owner to remove or repair the building at 1765 Iglehart Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends the
owner be granted 180 days to complete the repairs on the condition a $2,000 bond is posted before
noon on April 9, 1997)
Withdrawn
59. Resolution - 97 -57 - Ordering the owner to remove or repair the building at 786 Randolph Avenue
within five (5) days from adoption of resolution. (Laid over from January 22, 1997) (Legislative
Hearing Officer recommends approval)
Laid over to July 2 Yeas - 7 Nays - 0
60. Resolution Ratifying Assessment - 97 -396 - In the matter of the assessment of benefits, costs and
expenses for summary abatements (property clean -up, snow removal, or sanding walks) from August
1996 to January 1997; boardings -up of vacant buildings for July 1996; boardings -up of vacant buildings
for August 1996; and summary abatements (property clean -up) from mid -June to mid - September 1996.
(File 4 J9704A, J970113, J970213, J9701TDBC) (Legislative Hearing Officer recommends approval
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with the following exceptions:
383 Clinton Avenue (J9701TDBC) - laid over to April 15 Legislative Hearing, 2067 Dayton
Avenue (J9704A) - laid over to April 15 Legislative Hearing, 616 Idaho Avenue E. (J9704A) - laid
over to April 15 Legislative Hearing, 1086 Jessamine Avenue E. (J9702B) - laid over to April 15
Legislative Hearing, 499 Lawson Avenue W. (J9704A) - recommends deleting the assessment)
Adopted as amended per recommendation of the Legislative Hearing Officer. In addition, the
following amendments were also made:
965 Payne Avenue - assessment reduced
1132 Central Avenue West - laid over to April 15 Legislative Hearing
328 Lexington Avenue - laid over to April 15 Legislative Hearing
104 West Larpenteur Avenue - laid over to April 15 Legislative Hearing
1110 Forest Street - laid over to April 15 Legislative Hearing
Yeas - 7 Nays - 0
61. Final Order - 97 -397 - In the matter of construction of a new sanitary pumping station to replace the
existing Red Rock South pump station. (File 418838)
Adopted Yeas - 6 Nays - 0 (Rettman not present for vote)
62. Final Order - 97 -398 - In the matter of sidewalk reconstruction on both sides of Juliet Avenue from
Davern Street to South Wheeler Street; north side of Randolph Avenue from Davern Street to South
Wheeler Street; 1845 Sheridan Avenue (work to be done on Sheridan and Edgcumbe); both sides of
Sheridan Avenue from South Wheeler Street to Edgcumbe Road; and both sides of Wordsworth Avenue
from South Prior Street to Sue Street. (File 4S97008- S97012)
Laid over to April 16 Yeas - 6 Nays - 0 (Rettman not present for vote)
63. Final Order - 97 -399 - In the matter of sidewalk reconstruction on both sides of Hubbard Avenue
from Fry Street to Aldine Street, and the west side of Fry Street from Hubbard Avenue to Englewood
Avenue. (File 4S97013)
Adopted Yeas - 6 Nays - 0 (Rettman not present for vote)
64. Final Order - 97 -400 - In the matter of sidewalk reconstruction on both sides of East California
Avenue from Edgerton Street West to the end of cul -de -sac; both sides of Galtier Street from West Cook
Avenue to West Jessamine Avenue; both sides of Marion Street from West Jessamine Avenue to West
Geranium Avenue; and the east side of Osage Street from North Victoria Street to West Ivy Avenue.
(File 4S97014- S97017)
Adopted Yeas - 6 Nays - 0 (Rettman not present for vote)
65. Resolution - 97 -401 - Vacating the remaining right -of -way in vacated Mt. Hope Street and the east -
west alley in Block 3, Woodbury and Case's Addition and A.M. Regner's Subdivision, and to release
certain easements therein.
Laid over to April 23 Yeas - 6 Nays - 0 (Rettman not present for vote)
66. Resolution - 97 -402 - Vacating a portion of Howard Street abutting Lots 12 -15, Block 15 and Lots
18 & 19, Block 17 Burlington Heights Division 2.
Laid over to April 23 Yeas - 6 Nays - 0 (Thune not present for vote)
67. Public hearing to consider the appeal of Pineview Homes to a decision of the Heritage Preservation
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Commission denying approval of a building permit to construct an eight -unit townhome project at 496
Laurel Avenue (southeast corner at Mackubin Street).
Motion of intent - Appeal granted with condition
Yeas - 6 Nays - 0 (Megard not present for vote)
68. Hearing of public comments regarding the adequacy of Continental Cablevision's corrective plan for
the institutional network.
Acceptance of written testimony was extended to April 16; discussion will be held
on May 7 (no public comments will be heard)
MISCELLANEOUS
69. Recognition of retiring City employee.
Susbension Items
Resolution - 97 -403 - Authorizing the Saint Paul Police Department to enter into a lease agreement with
River Properties of Saint Paul.
Adopted Yeas - 6 Nays - 0 (Megard not present for vote)
Resolution - 97 -404 - Relocating the Saint Paul Impound Lot Facility to a temporary site during the
impending flood.
Adopted Yeas - 6 Nays - 0 (Megard not present for vote)
Resolution - 97 -405 - Directing the Mayor's Administration to prepare a written update on the status of
City of Saint Paul Legislation.
Adopted Yeas - 6 Nays - 0 (Megard not present for vote)
Reconsidered Item
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) (Amended and adopted April 2)
Reconsidered and adopted as amended Yeas - 6 Nays - 0
(Megard not present for vote)
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