Minutes 5-7-1997Page 1 of 7
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, May 7, 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
Present - 7 - Blakey, Bostrom, Collins, Harris, Megard, Morton, Thune
Absent - 0
Web Index
• Consent Agenda
• For Action
• Administrative Orders
• For Discussion
o Hockey Arena Vote
• Ordinances
• Public Hearings
• Suspension Items
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 April 2, 1997.
Adopted Yeas - 7 Nays - 0
2. Claims of Amy Campanaro, Earl McDonald, and State Farm Insurance (for John Steifer).
Referred to Employee /Risk Management Division
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3. Motion and Motion for Summary Judgment, Exhibits and Order in the matter of Patrick A. Carlone
vs. the City of Saint Paul.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of Lapkwang Tsang and Hau Yin Tsang vs. the City of Saint
Paul.
Referred to the City Attorney's Office
5. Letters from Saint Paul Public Health declaring 659 Edmund Avenue and 855 Woodbridge Street as
"nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if
necessary.)
6. Administrative Orders:
D001220 Authorizing the Department of Planning and Economic Development to contribute $5,000.00
for consulting services for the Twin Cities Economic Development Group.
D001221 Authorizing the Office of Human Resources to reimburse vendors for costs incurred in
conducting employee relations and recognition programs in 1997.
Noted as on file in the City Clerk's Office
D001222 Implementing delegation of signature authority on City contracts.
Laid over to May 14 Yeas - 7 Nays - 0
7. Resolution - 97 -494 - Approving the appointment of Councilmember Daniel Bostrom to fill the
remainder of former Councilmember Janice Rettman's unexpired term on the Port Authority of the City
of Saint Paul.
Adopted Yeas - 7 Nays - 0
8. Resolution - 97 -495 - Authorizing City staff to enter into negotiations with Noram Energy
Management, Inc. for a guaranteed energy savings contract for a pilot project to conduct energy and
operational audits and to provide a customized program to save operational and energy costs at certain
City -owned facilities.
Withdrawn
9. Resolution - 97 -496 - Accepting a grant in the amount of $42,000 from Climate Wise Local
Government Industrial Project.
Adopted Yeas - 7 Nays - 0
10. Resolution - 97 -497 - Authorizing the Department of Fire and Safety Services to enter into a lease
agreement with the Mall of America for a meeting of Metropolitan Fire Chiefs.
Adopted Yeas - 7 Nays - 0
11. Preliminary Order - 97 -498 - In the matter of grading and paving Mystic Street from Burlington
Road to approximately 400 feet south of Burlington Road, and constructing sanitary sewer service and
water service connections, if requested by the property owner, and setting date of public hearing for July
2, 1997. (File 418846 & 18846WC)
Adopted Yeas - 7 Nays - 0
12. Resolution Approving Assessment - 97 -499 - In the matter of improving the platted roadway in the
Williams Hill Business Park from University Avenue to Mississippi Street (Phase 1), and setting date of
public hearing for July 2, 1997. (File 418844)
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Adopted Yeas - 7 Nays - 0
13. Resolution Approving Assessment - 97 -500 - In the matter of sidewalk reconstruction on the west
side of Westminster Street from East Hoyt Avenue to approximately 400 feet south of East Hoyt
Avenue; the north side of Topping Street from Mackubin Street to North Western Avenue; the north
side of West Cook Avenue from Rice Street to Albemarle Street; the south side of West Cook Avenue
from Rice Street to Galtier Street; and the west side of Woodbridge Street from West Cook Avenue to
West Jessamine Avenue at 1091, 1097 and 1099 Woodbridge Street only, and setting date of public
hearing for July 2, 1997. (File 4595047, 595074, 596042 - 596044)
Adopted Yeas - 7 Nays - 0
14. Resolution Approving Assessment - 97 -501 - In the matter of sidewalk reconstruction on the north
side of Stillwater Avenue from North Hazel Street to North Ruth Street; the north side Stillwater Avenue
from North Ruth Street to Nokomis Avenue; the south side of Stillwater Avenue from North Ruth Street
to Nokomis Avenue; and the south side of Stillwater Avenue from North Hazel Street to North Ruth
Street, and setting date of public hearing for July 2, 1997. (File 4595090, 595091, 595100, 595101)
Adopted Yeas - 7 Nays - 0
15. Resolution Approving Assessment - 97 -502 - In the matter of sidewalk reconstruction on both sides
of Kent Street from Ashland Avenue to Holly Avenue; the south side of Iglehart Avenue from North
Chatsworth Street to North Oxford Street; both sides of Hague Avenue from North Avon Street to Fisk
Street and the east side of Fisk Street from Selby Avenue to Hague Avenue; both sides of Iglehart
Avenue from North Victoria Street to North Milton Street; and the east side of North St. Albans Street
from Hague Avenue to Laurel Avenue at 678 Hague Avenue only, and setting date of public hearing for
July 2, 1997. (File 4596001, 596009, 596020, 596021, 596047)
Adopted Yeas - 7 Nays - 0
16. Resolution Approving Assessment - 97 -503 - In the matter of sidewalk reconstruction on both sides
of Maria Avenue from Euclid Street to Surrey Avenue; both sides of East Montana Avenue from
Flandrau Street to North White Bear Avenue; both sides of Ross Avenue from Flandrau Street to North
White Bear Avenue; and both sides of East Seventh Street from Hazelwood Street to Germain Street,
and setting date of public hearing for July 2, 1997. (File 4596005, 596045, 596048, 596049)
Adopted Yeas - 7 Nays - 0
17. Resolution Approving Assessment - 97 -504 - In the matter of sidewalk reconstruction on both sides
of Banfil Street from Dousman Street to North Smith Avenue; the northwest side of Adrian Street from
Albion Avenue to Alaska Avenue at 1717 & 1729 Adrian Street only; the north side of Goodhue Street
from Cliff Street to Dousman Street at 245 Goodhue Street only; the north side of James Avenue from
Toronto Street to West Seventh Street at 966 West Seventh Street only; and the north side of Goodrich
Avenue from Garfield Street to South Western Avenue, and setting date of public hearing for July 2,
1997. (File 4596012, 596023, 596027, 596032)
Adopted Yeas - 7 Nays - 0
18. Resolution Approving Assessment - 97 -505 - In the matter of sidewalk reconstruction on the south
side of Beechwood Avenue from Davern Street to South Fairview Avenue at 1716 Beechwood Avenue
only; the north side of Eleanor Avenue from South Chatsworth Street to Rogers Street at 989 Eleanor
Avenue only; the south side of Fairmount Avenue from South Syndicate Street to South Hamline
Avenue at 1336 Fairmount Avenue only; the north side of Ford Parkway from South Snelling Avenue to
Macalester Street at 1631 Ford Parkway only; and both sides of Kenneth Street from Bohland Avenue to
Saunders Avenue, and setting date of public hearing for July 2, 1997. (File 4596016, 596017, 596038,
596039, 596050)
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Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
19. Discussion on the adequacy of Continental Cablevision's corrective plan for the institutional
network.
Accepted City Staff Report Yeas - 7 Nays - 0
20. Resolution - 97 -493 - Approving the Term Sheet for the lease of the new Hockey Arena to be
constructed as part of the Saint Paul Civic Center. (Laid over from April 30)
Substitute introduced and adopted Yeas - 6 Nays -1 (Blakey)
(May 7, 1997 Term Sheet)
21. Resolution - 97 -489 - Electing a new City Council Vice President. (Laid over from April 30)
Substitute introduced and adopted Yeas - 7 Nays - 0
22. Resolution - 97 -506 - Staff recommendation regarding policy for promoting equal opportunity and
diversity through the City's professional services contracting process.
Laid over to May 14 Yeas - 7 Nays - 0
ORDINANCES
23. Final Adoption - 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 23)
Adopted Yeas - 7 Nays - 0
24. Second Reading - 97 -490 - An ordinance amending Chapter 176 of the Saint Paul Legislative Code
to prohibit persons from attaching objects to trees by injurious means, and replacing references to the
director of community services.
Laid over to May 14 for third reading /public hearing
25. Second Reading - 97 -491 - An ordinance granting the Port Authority, and their successors in
interest, permission to operate and maintain existing railroad tracks crossing Ridder Circle.
Laid over to May 14 for third reading /public hearing
PUBLIC HEARINGS (Public hearings will begin at 4:30 p.m.)
26. 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. (Laid over from
April 23 for continuation of public hearing)
Laid over to May 21 Yeas - 6 Nays - 0 (Megard not present for vote)
27. Resolution - 97 -341 - Concerning the Taxicab Driver's License Renewal Application submitted by
Daniel R. Beckman, 1057 Portland Avenue. (Laid over from April 23)
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Withdrawn
28. Resolution - 97 -431 - Approving application for Cigarette, Liquor On -Sale Class A, Sunday On Sale
Liquor, Restaurant (B), Entertainment Class B and Gambling Location Class A Licenses by Minnesota
Restaurants Inc., dba All Star Sports Cafe, 2554 Como Avenue. (ID 499433) (Laid over from April 23)
Laid over to May 14 Yeas - 7 Nays - 0
29. Resolution - 97 -507 - Approving application for an On Sale Malt (strong beer) license by L & A
Consulting & Food Service, dba Ristorante Luci Ancora, 2060 Randolph Avenue. (ID 411707)
Laid over to October 22 Yeas - 7 Nays - 0
30. Resolution - 97 -508 - Approving application for an Auto Repair Garage License by Henry Stewart,
dba Milans Motors, 741 University Avenue West. (ID 444058)
Adopted Yeas - 7 Nays - 0
31. Resolution - 97 -509 - Approving application for a State Class B Gambling Premise Permit by Joanna
Perry, on behalf of Royal Guard Jr. Drum & Bugle Corps, at T. J. Bell's, 1201 Jackson Street. (ID 413-
03146)
Adopted Yeas - 7 Nays - 0
32. Resolution - 97 -510 - Approving application for a Gambling Manager's License by Kathleen
Kirchoff, dba Royal Guard Jr. Drum & Bugle Corps, at T. J. Bell's, 1201 Jackson Street. (ID 463514)
Adopted Yeas - 7 Nays - 0
33. Resolution - 97 -511 - Approving application for a Gambling Manager's License by Ernest Mutterer,
dba Epilepsy Foundation of Minnesota, at Herges Bar, 981 University Avenue West. (ID 419553)
Adopted Yeas - 7 Nays - 0
34. Resolution - 97 -512 - Approving application for a State Class B Gambling Premise Permit by Joanne
Susens, on behalf of Epilepsy Foundation of Minnesota, at Herges Bar, 981 University Avenue West.
(ID 413- 02928)
Adopted Yeas - 7 Nays - 0
35. Resolution - 97 -513 - Approving application for a State Class B Gambling Premise Permit by Jackie
Pearson, on behalf of St. Paul East Athletic Association, at Moose's Locker Room, 1177 Clarence Street.
(ID 413- 04755)
Adopted Yeas - 7 Nays - 0
36. Resolution - 97 -514 - Approving application for a Gambling Manager's License by James R.
McDonough, dba St. Paul East Athletic Association, at Moose's Locker Room, 1177 Clarence Street.
(ID 422353)
Adopted Yeas - 7 Nays - 0
37. Resolution - 97 -515 - Approving application for Liquor On Sale -C, Sunday On Sale Liquor,
Restaurant C) Limited, Entertainment Class A and Cigarette Licenses by Alee, Inc., dba Bourbon Bar,
691 Dale Street North. (ID 438832)
Adopted Yeas - 7 Nays - 0
38. Resolution - 97 -516 - Approving application for a Wine On Sale and On Sale Malt (strong beer)
License by Saykham Sengmavong, dba Family Lao -Thai Restaurant, 501 University Avenue West. (ID
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422082)
Adopted Yeas - 7 Nays - 0
39. Resolution - 97 -517 - Approving application for an Off Sale Malt, Cigarette, and Grocery -C License
by Hidden Falls Food Market, 1040 Cleveland Avenue South. (ID 431405)
Adopted Yeas - 7 Nays - 0
40. Final Order - 97 -518 - 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. (File 4597001, 597002)
Adopted Yeas - 7 Nays - 0
41. Resolution Ratifying Assessment - 97 -519 - In the matter of installation of storm sewer service
stubs, as requested by the property owner, in conjunction with the 7th /Lafayette Area Storm Sewer
Project. (File 418671 -C)
Adopted Yeas - 7 Nays - 0
42. Resolution Ratifying Assessment - 97 -520 - In the matter of construction of storm sewer stub
connections, as requested by the property owner, in conjunction with the 35E/University Area Storm
Sewer Separation Project. (File 418690 -C)
Adopted Yeas - 7 Nays - 0
43. Resolution Ratifying Assessment - 97 -521 - In the matter of construction of storm sewer stub
connections, as requested by the property owner, in conjunction with the Prior /Sheridan Area Street
Paving and Lighting Project. (File 418698 -C)
Adopted Yeas - 7 Nays - 0
44. Resolution Ratifying Assessment - 97 -522 - In the matter of construction of sanitary sewer and
storm sewer service connections, as requested by the property owners, in conjunction with the
Albert /Eleanor Area Project. (File 418704 -C)
Adopted Yeas - 7 Nays - 0
45. Resolution Ratifying Assessment - 97 -523 - In the matter of construction of sanitary sewer and
storm sewer service connections, as requested by the property owner, in conjunction with the
Davern /Edgcumbe Area Storm Sewer and Street Paving and Lighting Project. (File 418750)
Adopted Yeas - 7 Nays - 0
46. Resolution Ratifying Assessment - 97 -524 - In the matter of improving the "T" alley in Block 2,
Dawson and Smith's subdivision by constructing storm sewer drainage structures and grading and
paving with bituminous materials. (File 418797)
Adopted Yeas - 7 Nays - 0
47. Resolution Ratifying Assessment - 97 -525 - In the matter of improving the alley in Block 1, Gilbert's
Greenway Court by grading and paving with bituminous material. (File 418798)
Adopted Yeas - 7 Nays - 0
48. Public hearing to consider the appeal of Judy Beck, Her & Marilyn Vogel, and Pam Brandt to a
decision of the Board of Zoning Appeals granting several variances in order to construct an eight unit
townhouse development at 496 Laurel Avenue.
Appeal denied Yeas - 4 Nays - 2 (Collins, Megard)
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Susbension Items
Resolution - 97 -526 - Congratulating the Lubavitch Yeshiva of Minnesota -The Wexler Learning
Institute for purchasing their new building at 225 North Wilder Street in Saint Paul.
Adopted Yeas - 7 Nays - 0
Resolution - 97 -527 - Appointing Linda Jungwirth and Mark Voerding as Legislative Aides (equivalent
to one FTE) to Councilmember Joseph Collins.
Adopted Yeas - 7 Nays - 0
Resolution - 97 -528 - Recommending the Minnesota State Legislature consider adopting criteria
focusing on the conviction of individuals, clarify and define "criminal gang ", and the membership of the
Strikeforce of the Criminal Gang Council should be representative of the community in race and gender.
Amended and laid over to May 14 Yeas - 4 Nays - 2 (Blakey, Harris)
(Thune not present for vote)
Resolution - 97 -529 - Indemnifying Galtier Plaza during a City- sponsored Youth Job and Volunteer
Fair.
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
Resolution - 97 -530 - Scheduling a City Council closed meeting on May 14, 1997, at 2:30 p.m. in the
Northwest Conference Room, 310 City Hall, to discuss labor negotiations.
Adopted Yeas - 4 Nays - 0 (Blakey, Bostrom, Harris not present for vote)
Resolution - 97 -531 - Opposing Article 11, Section 35 of S.F. 493 changing the use of Cultural Sales
Tax Funds.
Adopted Yeas - 5 Nays - 0 (Blakey and Bostrom not present for vote)
Resolution - 97 -532 - Reaffirming C.F. 97 -311 and stating the City Council's support for action by the
House /Senate Conference Committee on S.F. 612 to exempt the City of Saint Paul from 1994/95
amendments which would set Council terms at four years.
Adopted Yeas - 6 Nays - 0 (Blakey not present for vote)
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