Minutes 7-9-1997Page 1 of 8
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, July 9, 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
• For Discussion
• Ordinances
• Public Hearings
• Miscellaneous
• Suspension Items
Present - 7 - Blakey, Bostrom, Collins, Harris, Megard, Morton, 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. Claims of Gary Hall and Merrie Steiner.
Referred to Employee /Risk Management Division
2. Notice of Removal of Judge in the matter of Black Fire Fighters United vs. the City of Saint Paul, et
al.
Referred to the City Attorney's Office
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3. Summons and Amended Complaint in the matter of Weller Bennae Johnson vs. the City of Saint Paul,
et al.
Referred to the City Attorney's Office
4. Notice of Motion and Motion To Dismiss in the matter of State of Minnesota vs. Shawn Anthony
Wingo.
Referred to the City Attorney's Office
5. Letters from Saint Paul Public Health declaring 369 Fuller Avenue, 1528 Grand Avenue, 702 Lawson
Avenue East, and 421 Wabasha Street South as "nuisance properties ", and setting date of Legislative
Hearings for July 15, 1997 and City Council Hearings for July 23, 1997.
6. Letters from Saint Paul Public Health declaring 1331 Bush Avenue, 452 Charles Avenue, 1010
Edgerton Street, 1369 Prosperity Avenue, 952 Russell Street, and 1451 Sherburne Avenue as "nuisance
properties." (For notification purposes only; public hearings will be scheduled at a later date if
necessary.
7. Communication from Saint Paul Animal Control dated June 30, 1997, announcing a request from the
University of Minnesota Research Lab for unclaimed dogs and cats.
8. Resolution - 97 -824 - Approving the appointment of Councilmember Michael Harris, Ann Briseno
and State Representative Steve Trimble, and the reappointments of County Commissioner Rafael
Ortega, Councilmember David Thune, James Adams, Richard Anfang, Carl Drake, and David Lilly by
Mayor Coleman, to the Saint Paul Riverfront Corporation. (Laid over from July 2 for adoption)
Adopted Yeas - 7 Nays - 0
9. Resolution - 97 -825 - Approving the appointments of Marsha Lea Andrews, Mr. R. D. Brown,
Gabrielle Lawrence, Lucille McCarty and Ann Short, and the reappointments of Nancy White, Lucie
Ferrell and Mary Huot, by Mayor Coleman, to the Saint Paul- Ramsey County Community Health
Services Committee. (Laid over from July 2 for adoption)
Adopted Yeas - 7 Nays - 0
10. Resolution - 97 -854 - Approving the appointment of Councilmember Gladys Morton and the
Reappointment of Dr. Ruth Busman, by Mayor Coleman, to the Food and Nutrition Commission. (To be
laid over one week for adoption)
Laid over to July 16 for adoption
11. Resolution - 97 -855 - Approving the appointments of Blong Vang, William Mason, III, and Jennifer
Engh, and the reappointments of Michael P. Hernandez, Julie Hoff, Johnny Howard, Steven Johnson,
Kathleen Laliberte, Mark Moeller, and Rhonda Smieja, by Mayor Coleman, to the Business Review
Council. (To be laid over one week for adoption)
Laid over to July 16 for adoption
12. Resolution - 97 -826 - Approving the 1997 Collective Bargaining Agreement between the City of
Saint Paul and the International Association of Fire Fighters, AFL -CIO Local 21. (Laid over from July 2
for adoption)
Adopted Yeas - 7 Nays - 0
13. Resolution - 97 -827 - Approving the 1997 -1998 Agreement between the City of Saint Paul and
Local Union 41842, District Council No. 14 of the American Federation of State, County and Municipal
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Employees AFL -CIO. (Laid over from July 2 for adoption)
Adopted Yeas - 7 Nays - 0
14. Resolution - 97 -828 - Approving the 1997 -1998 Agreement between the City of Saint Paul and
Local Union 42508, District Council No. 14 of the American Federation of State, County and Municipal
Employees AFL -CIO. (Laid over from July 2 for adoption)
Adopted Yeas - 7 Nays - 0
15. Resolution - 97 -829 - Approving the October 1, 1996 through September 30, 1998 Maintenance
Labor Agreement between the City of Saint Paul and International Brotherhood of Boilermakers, Iron
Shipbuilders, Blacksmiths, Forgers and Helpers Lodge 4647. (Laid over from July 2 for adoption)
Adopted Yeas - 7 Nays - 0
16. Resolution - 97 -856 - Finalizing City Council action taken June 4, 1997 denying the appeal of John
Kratz to a decision of the Saint Paul Planning Commission pertaining to a cluster development on
property located at XXX Juliet Avenue (east of Lexington Parkway between Juliet and Palace).
Adopted Yeas - 7 Nays - 0
17. Resolution - 97 -857 - Finalizing City Council action taken June 25, 1997 concerning licenses held
by Olson Brothers Liquor, Inc., 678 University Avenue.
Adopted Yeas - 7 Nays - 0
18. Resolution - 97 -858 - Approving submission of a Local Law Enforcement Block Grant to the Bureau
of Justice Administration by the Saint Paul Police Department.
Adopted Yeas - 7 Nays - 0
19. Resolution - 97 -859 - Authorizing application to the Metropolitan Council for the Livable
Communities Demonstration Program.
Substitute introduced and adopted Yeas - 7 Nays - 0
20. Resolution - 97 -860 - Approving the final plat for Mt. Hope Addition located at 225 Prescott Street
(old Riverview Hospital) by the Neighborhood Development Alliance. (Preliminary plat of the property
was approved by the City Council on August 28, 1996)
Adopted Yeas - 7 Nays - 0
21. Resolution - 97 -861 - Approving an agreement with the City of Falcon Heights regarding water
system ownership by the Board of Water Commissioners.
Adopted Yeas - 7 Nays - 0
22. Resolution - 97 -862 - Approving an interceptor sewer maintenance agreement between the City of
Saint Paul and the Metropolitan Council Environmental Services for January 1, 1997 through December
31, 1997.
Adopted Yeas - 7 Nays - 0
23. Resolution - 97 -863 - Amending the 1995 Capital Improvement Budget for George Street from
Smith Avenue to Concord Street.
Adopted Yeas - 7 Nays - 0
24. Resolution - 97 -864 - Accepting a grant from the Metropolitan Council and establishing a budget for
Harriet Island Park improvements.
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Adopted Yeas - 7 Nays - 0
25. Resolution - 97 -865 - Indemnifying Como Park Lutheran Church for space the City's S'More Fun
program will rent.
Adopted Yeas - 7 Nays - 0
26. Resolution - 97 -866 - Establishing a budget for a grant from the State of Minnesota for accessibility
at the Saint Anthony Park Branch Library.
Adopted Yeas - 7 Nays - 0
27. Resolution Ratifying Assessment - 97 -867 - In the matter of the Arlington /Ruth Area Street Paving
and Lighting Project, and setting date of public hearing for September 10, 1997. (File 418833)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
28. Resolution - 97 -768 - Addition of $191,000 to the 1997 budget in the Department of Public Works
for Wabasha Street Initiative and Improvement. (Laid over from June 25)
Adopted Yeas - 7 Nays - 0
29. Resolution - 97 -833 - Finalizing City Council action taken May 7, 1997 denying the appeal of Judy
Beck, Her and Marilyn Vogel and Pam Brandt to a decision of the board of Zoning Appeals granting
variances to construct an eight unit townhouse development at 496 Laurel Avenue. (Laid over from July
2)
Adopted Yeas - 6 Nays -1 (Megard)
30. Resolution - 97 -599 - Establishing a two -year phase -out of the special assessment for the annual
operation and maintenance of Town Square Park Loft. (Laid over from July 2)
Adopted Yeas - 6 Nays - 0 (Megard not present for vote)
31. Resolution - 97 -762 - Directing the appropriate City Departments to issue code compliance orders to
repair houses and two to three unit apartment buildings immediately after the house or apartment is
listed by HUD. (Laid over from July 2)
Laid over to August 6 Yeas - 7 Nays - 0
32. Resolution - 97 -780 - Authorizing the issuance of General Obligation Tax Increment Bonds to
provide funds to acquire Block 39 and prepare for Lawson Center development; and approving the
execution of a pledge agreement with respect to the Lawson Center development financing. (Laid over
from July 2)
Laid over to July 16 Yeas - 7 Nays - 0
33. Resolution - 97 -837 - Directing the Affirmative Action Director and the Director of Human Rights,
in conjunction with the Civil Service Commission, to develop a plan to eliminate racial and sexual
discrimination in the workplace. (Laid over from July 2)
Adopted Yeas - 7 Nays - 0
34. Resolution - 97 -868 - Adopting the Saint Paul Transportation Policy Plan as a chapter of The Saint
Paul Comprehensive Plan. Laid over to August 20 Policy Session Yeas - 7 Nays - 0
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ORDINANCES
35. Final Adoption - 97 -760 - An ordinance finalizing City Council action approving a petition of the
Saint Paul Housing and Redevelopment Authority to rezone property located at 688 Third Street East
from B -2 to RT -1. (Public hearing held May 28, 1997)
Adopted Yeas - 7 Nays - 0
35a. Final Adoption - 97 -761 - An ordinance amending the Saint Paul Legislative Code, Section 33.03,
to improve authority to the building official to grant vacant building repair extensions when appropriate.
Adopted Yeas - 5 Nays - 2 (Harris, Megard)
36. Second Reading - 97 -839 - An ordinance amending the Saint Paul Legislative Code by adding
language and creating a new section describing circumstances to establish intent to loiter for the purpose
of distributing illegal narcotics. Also creates a new section requiring a probationary order that prohibits
return to the geographical location where the crime occurred.
Laid over to July 23 for third reading /public hearing
37. Second Reading - 97 -840 - An ordinance to enact the Vendor Outreach Program as new Chapter 84
of the Saint Paul Administrative Code.
Laid over to July 23 for third reading /public hearing
38. Second Reading - 97 -841 - An ordinance amending the Saint Paul City Charter to require City
employees to take leaves of absence during terms served in elective offices.
Laid over to July 23 for third reading /public hearing
39. First Reading - 97 -869 - An ordinance amending the Saint Paul Legislative Code, Appendix H,
incorporating the terms of the Transfer and Franchise Modification Agreement dated November 13,
1996 between the City of Saint Paul, Continental Cablevision and U.S. West.
Laid over to July 16 for second reading
40. First Reading - 97 -870 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code to
allow transfer of stock by corporate licensees with the consent of the City Council, and raising the cap
on licenses to allow four additional.
Laid over to July 16 for second reading
PUBLIC HEARINGS
41. Third Reading - 97 -781 - 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. (Selby Avenue 40 -Acre
Study)
Laid over to July 23 for final adoption
42. Resolution - 97 -448 - Concerning licenses held by Laro, Inc., dba Patrick's Lounge, 1318 Larpenteur
Avenue West. (Uncontested) (Laid over from June 25)
Adopted as amended Yeas - 7 Nays - 0
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43. Resolution - 97 -786 - Approving application for a Second Hand Dealer -Motor Vehicle and Auto
Repair Garage License by Corp Auto Inc., 353 Larch Street. (ID 423598) (Laid over from June 25)
Adopted Yeas - 7 Nays - 0
44. Resolution - 97 -871 - Approving application for a State Class B Gambling Premise Permit by Peg
Wetli, dba Climb, Inc. at Top Hat, 134 East 5th Street. (ID 413- 02002)
Adopted Yeas - 6 Nays - 0 (Bostrom not present for vote)
45. Resolution - 97 -872 - Approving application for a Gambling Manager's License by Karen L. Wirkus,
dba Climb, Inc. at Top Hat, 134 East 5th Street. (ID 432979)
Adopted Yeas - 6 Nays - 0 (Bostrom not present for vote)
46. Resolution - 97 -873 - Approving application for a Gambling Manager's License by Marilyn
Sherrick, dba Harding Area Hockey Association, at Minnehaha Tavern, 735 White Bear Avenue and at
Michaels, 1179 East 7th Street. (ID 466786 & 22873)
Adopted Yeas - 6 Nays - 0 (Bostrom not present for vote)
47. Resolution - 97 -874 - Approving application for a Patio Service License by Table of Contents, Inc.,
1648 Grand Avenue. (ID 412222)
Adopted Yeas - 6 Nays - 0 (Bostrom not present for vote)
48. Resolution - 97 -875 - Approving application for a Patio Service License by Prest Motor Inns, Inc.,
dba Civic Center Inn, 175 7th Street West. (ID 47328 1)
Adopted Yeas - 7 Nays - 0
49. Resolution - 97 -876 - Granting Capital Event Management a sound level variance for three concerts
on Harriet Island on July 12, August 9, and September 27 from 12:00 noon to 8:00 p.m.
Adopted Yeas - 7 Nays - 0
50. Appeal of Mary Dabney to a summary abatement order for property at 790 Laurel Avenue.
(Legislative Hearing Officer recommends denial) (Laid over from June 25)
Laid over to August 20 Yeas - 7 Nays - 0
51. Appeal of Amedia LaFond to a summary abatement order for property at 900 Carroll Avenue.
(Legislative Hearing Officer recommends denial)
Appeal denied Yeas - 7 Nays - 0
52. Appeal of Donald Eyinck to a summary abatement order for property at 1457 Hazelwood Avenue.
(Legislative Hearing Officer recommends denying the appeal but allowing the owner until August
1, 1997 to take care of the problem)
Appeal denied (per recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
53. Appeal of Laura Emerson to a summary abatement order for property at 694 Jenks Avenue.
(Legislative Hearing Officer recommends denial)
Appeal denied Yeas - 7 Nays - 0
54. Appeal of Tara Fohrenkamm for property at 656 Short Street. (Legislative Hearing Officer
recommends denial)
Appeal denied Yeas - 7 Nays - 0
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55. Resolution - 97 -877 - Approving the decision of the Legislative Hearing Officer on property code
enforcement appeals for property located at 355 Marshall Avenue (laid over from June 25), 1261 East
Seventh Street, 435 Front Street, Lexington Park Apartments at 499 Lexington Parkway, 1112, 1130 and
1144 Randolph Avenue, 496 Holly Avenue, 694 Jenks Avenue, 927 West Central Avenue, 846 -848
University Avenue West, and 507 Arcade Street.
Adopted Yeas - 7 Nays - 0
56. Resolution - 97 -878 - Ordering the owner to remove or repair the building at 806 Agate Street within
fifteen (4�) ninety (90) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted as amended Yeas - 7 Nays - 0
(90 days for repair or removal)
57. Resolution - 97 -879 - Ordering the owner to remove or repair the building at 477 Curtice Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Laid over to July 23 Yeas - 6 Nays - 0 (Morton not present for vote)
58. Resolution - 97 -880 - Ordering the owner to remove or repair the building at 659 Edmund Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval and amending the date for repair or removal to January 1, 1998 if the vacant building
fee is paid and a $2,000 bond is posted by noon, July 9, 1997)
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
(15 days for repair or removal)
59. Resolution - 97 -881 - Ordering the owner to remove or repair the building at 85 Litchfield Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
60. Resolution - 97 -882 - Ordering the owner to remove or repair the building at 1147 Virginia Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
61. Resolution - 97 -883 - Ordering the owner to remove or repair the building at 855 Woodbridge Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval and amending the date for repair or removal to January 1, 1998 if a $2,000 bond is
posted by noon, July 9, 1997)
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 6 Nays - 0 (Thune not present for vote)
62. Final Order - 97 -818 - In the matter of sidewalk reconstruction on the north side of East Hawthorne
Avenue from Walsh Street to Weide Street. (File 4S97063) (Laid over from June 25)
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
63. Final Order - 97 -884 - In the matter of construction of a sanitary sewer /connections and water
main /connections in Return Court from Worcester Avenue to approximately 180 feet south of Worcester
Avenue. (File 418839,18839-W)
Discontinued Yeas - 7 Nays - 0
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(Bostrom was excused from the meeting at this time)
64. Final Order - 97 -885 - In the matter of condemnation and acquisition of right -of -way easement for
the Sloan Street cul de sac as required for the vacation of East Idaho Avenue. (File 418845)
Adopted Yeas - 6 Nays - 0
65. Final Order - 97 -886 - In the matter of construction of a water main and service connections in
Boxwood Avenue from approximately 260 feet west of McKnight Road to approximately 500 feet west
of McKnight Road. (File 418847)
Laid over to July 23 Yeas - 6 Nays - 0
66. Final Order - 97 -887 - In the matter of improving the north -south alley in Fulton's Re. of Block 70,
Banning and Oliver's Addition (bounded by Delaware, Morton, Cherokee and Page) by grading and
paving with bituminous material. (File 418848)
Adopted Yeas - 6 Nays - 0
67. Final Order - 97 -888 - In the matter of improving the north -south alley in Fulton's Re. of Block 70,
Banning and Oliver's Addition (bounded by Delaware, Morton, Cherokee and Page) by condemning and
taking an easement in the land necessary for the slopes, cuts and fills in the grading and paving of the
alley. (File 418848 -S)
Adopted Yeas - 6 Nays - 0
68. Resolution - 97 -889 - Adopting the Selby Avenue Small Area Plan as an amendment to the City's
Comprehensive Plan.
Laid over to July 23 Yeas - 6 Nays - 0
MISCELLANEOUS
69. Recognition of Retiring City Employees.
Suspension Items
Resolution - 97 -890 - Approving application for a Restaurant -B and Cabaret -A License by Black Bear
Crossings LTD, 831 Como Avenue. (ID 471223)
Adopted Yeas - 6 Nays - 0
Resolution - 97 -891 - Requesting an evening public hearing by the Public Utilities Commission
regarding a proposal to divide the 612 area code and requesting review and recommendation by City
staff .
Adopted Yeas - 6 Nays - 0
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