Minutes 8-13-1997Page 1 of 10
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, August 13, 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 Hearings
• Miscellaneous
o Mayor Coleman's Proposed 1998 Budget Address
• Suspension Item
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
The following communication was read into the record by Nancy Anderson, Assistant Secretary to the
Council:
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A public hearing scheduled for August 13, 1997 to consider a proposal of the Port Authority of the City
of Saint Paul to adopt a Tax Increment Financing Plan for the Plastics, Inc. Redevelopment and
Hazardous Substance Subdistrict Tax Increment Financing District has been rescheduled to August 27.
Laid over to August 27, 4:30 p.m. Yeas - 7 Nays - 0
1. Claims of ACORN (Cheryl Otley, Dave & Celeste Pilla Perry, Dan & Patricia Reed, Joann Tatro, and
Mary Winhagen), Adam Istas, Jonathan Laub, Geoff Lowe, John & Mary Majerus, Rick McGrath,
David Peterson, Kirsten Peterson, and Josephine Ruiz.
Referred to Employee /Risk Management Division
2. Summons and Complaint in the matter of Arlen Aaron Hoff vs. the City of St. Paul, et al.
Referred to the City Attorney's Office
3. Notice of Motion and Motion for Release of Quick -Take Funds 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
4. Amended Notice of Motion and Motion for Release of Quick -Take Funds 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
5. Petition for Writ of Certiorari in the matter of Fleet Mortgage Corporation vs. the City of Saint Paul.
(659 Edmund Avenue)
Referred to the City Attorney's Office
6. Notice of Motion and Motion for a Resolution. (659 Edmund Avenue)
Referred to the City Attorney's Office
7. Notice of Case Filing and Judge Assignment in the matter of Leobia Bland vs. the City of Saint Paul.
Referred to the City Attorney's Office
8. Letter from the Real Estate Division recommending approval of reduction in assessed valuation for
Ramsey County Abatement 4AI97 -9262 - 611 York Avenue.
Adopted Yeas - 7 Nays - 0
9. Letters from Saint Paul Public Health declaring 203 Forbes Avenue and 694 Sims Avenue as
"nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if
necessary.)
10. Communication from Saint Paul Animal Control dated August 4, 1997 announcing a request from
the University of Minnesota Research Lab for unclaimed dogs and cats.
11. Administrative Orders:
D001280 Transferring Cultural STAR funds from three dropped /withdrawn projects to the Cultural
STAR Program budget.
D001281 Addition of $13,554.00 to the contract for Saint Paul Civic Center Expansion, CP -4 Building
Construction Mechanical - Parking Ramp Alternate A.
D001282 Addition of $69,531.40 to the contract for Eustis - Franklin Sewer Separation.
D001283 Addition of $57,139.00 to the contract for Saint Paul Civic Center Expansion, CP -I Science
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Museum Turnaround.
D001284 Addition of $1,537.00 to the contract for Saint Paul Civic Center Expansion, CP -4 Building
Construction.
D001285 Addition of $21,839.00 to the contract for Saint Paul Civic Center Expansion, CP -4 Building
Construction.
D001286 Addition of $14,593.00 to the contract for Saint Paul Civic Center Expansion, CP -4 Building
Construction.
D001287 Deduction of $23,313.00 from the contract for Saint Paul Civic Center Expansion, CP -4
Building Construction.
D001288 Authorizing the Department of Public Works to pay for expenses, not to exceed $15,000.00,
associated with their Open House on September 17, 1997.
D001289 Addition of $1,179.36 to the contract for covering concrete roofs with standing seam metal
roof system at Martin Luther King - Hallie Q. Brown Center.
D001290 Addition of $2,755.00 to the contract for Mears Park Sidewalk Replacement.
D001291 Addition of $6,888.00 to the contract for Saint Paul Civic Center Expansion, CP -4 Building
Construction.
D001292 Addition of $18,700.00 to the contract for Saint Paul Civic Center Expansion, CP -4 Building
Construction.
D001293 Deduction of $2,652.00 from the contract for Saint Paul Civic Center Expansion, CP -4
Building Construction.
D001294 Authorizing payment of $1,423.00 to Dr. Ralph Farnsworth, Como Zoo Veterinarian, for
attendance at the Annual Conference of the American Association of Zoo Veterinarians in Houston,
Texas, October 25 -30, 1997.
Noted as on file in the City Clerk's Office
12. Resolution - 97 -981 - Authorizing the solicitation of donations from various businesses for drawings
in conjunction with the City's Combined Campaign.
Adopted Yeas - 7 Nays - 0
13. Resolution - 97 -982 - Approving the staffing of polling locations for the City of Saint Paul Primary
Elections to be held on September 9, 1997.
Adopted Yeas - 7 Nays - 0
14. Resolution - 97 -983 - Approving payment of $6,011.21 to American Family Insurance, for Dung
Phan, in full settlement of their claim against the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
15. Resolution - 97 -984 - Approving payment of $17,758.85 to American Family Insurance, for Khanh
Le, in full settlement of their claim against the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
16. Resolution - 97 -985 - Approving payment of $4,896.85 to Minnesota Insurance Co., as subrogee for
Joel Revzen, in full settlement of their claim against the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
17. Resolution - 97 -986 - Amending the 1997 budget in the amount of $95,000 in the Division of Parks
and Recreation, Grants & Aids and Rice Arlington Sports Dome.
Adopted Yeas - 7 Nays - 0
18. Resolution - 97 -987 - Approving the 1997 Civic Organizations Partnership Program (COPP)
allocation of funding for Project Fresh Start, Inc. Outreach for Youth Program.
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Laid over to August 20 Yeas - 7 Nays - 0
19. Resolution - 97 -988 - Authorizing the Saint Paul Police Department to enter into a grant agreement
with the Minnesota Department of Public Safety for the project "Safe & Sober Communities" for the
period October 1, 1996 through September 30, 1997.
Adopted Yeas - 7 Nays - 0
20. Resolution - 97 -989 - Authorizing the Saint Paul Police Department to enter into a grant agreement
with the Minnesota Department of Public Safety for the project "Safe & Sober Communities" for the
period October 1, 1997 through September 30, 1998.
Adopted Yeas - 7 Nays - 0
21. Resolution - 97 -990 - Accepting the donation of a digital Preliminary Breath Tester (PBT) from
Mothers Against Drunk Driving (MADD).
Adopted Yeas - 7 Nays - 0
22. Resolution - 97 -991 - Approving the use of assessment financing in accordance with City policy for
installation of a fire protection system at 2505 West University Avenue.
Adopted Yeas - 7 Nays - 0
23. Resolution - 97 -992 - Releasing certain easements in vacated Sims Avenue and York Street and
vacated alleys in Blocks 1 and 4, Hazel Park Division 44.
Adopted Yeas - 7 Nays - 0
24. Resolution - 97 -993 - Releasing the sewer easement on, over, under and across Lot 9, Block 3, Twin
City View, 635 Pascal Street South.
Adopted Yeas - 7 Nays - 0
25. Preliminary Order - 97 -994 - In the matter of the Seventh Place Mall Operation and Maintenance
Costs for 1997, and setting date of public hearing for September 10, 1997. (File 418428 -97)
Adopted Yeas - 7 Nays - 0
26. Preliminary Order - 97 -995 - In the matter of the operating costs for 19 Above Standard Street
Lighting Projects for 1998, and setting date of public hearing for October 8, 1997.
Adopted Yeas - 7 Nays - 0
27. Resolution Approving Assessment - 97 -996 - In the matter of the assessment of benefits, cost, and
expenses for the Seventh Place Mall Operation and Maintenance Costs for 1996, and setting date of
public hearing for October 1, 1997. (File 418428 -1996)
Adopted Yeas - 7 Nays - 0
28. Resolution Approving Assessment - 97 -997 - In the matter of the assessment of benefits, cost, and
expenses for improving Ohio Street from George Street to Annapolis Street, and setting date of public
hearing for October 1, 1997. (File 418800)
Adopted Yeas - 7 Nays - 0
29. Resolution Approving Assessment - 97 -998 - In the matter of the assessment of benefits, cost, and
expenses for boardings -up of vacant buildings from June 9 to June 28, 1997, and summary abatements
(property clean -up and grass cutting) through mid -July 1997, and setting date of Legislative Hearings
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for September 16, 1997 and City Council Hearings for October 1, 1997. (File 4J9710B, TDBC97)
Adopted Yeas - 7 Nays - 0
30. Resolution Approving Assessment - 97 -999 - In the matter of operation and maintenance costs for
the Arcade /Case parking lot from January 1, 1998 to December 31, 1998, and setting date of public
hearing for October 8, 1997. (File 418744)
Adopted Yeas - 7 Nays - 0
31. Resolution Approving Assessment - 97 -1000 - In the matter of the operating costs for 19 above
standard street lighting projects for the months of January through December 1997, and setting date of
public hearing for October 8, 1997.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
32. Resolution - 97 -931 - Approving the appointment of Richard Aguilar, and the reappointments of
Donald Del Fiacco, Robert Schwartzbauer, and Richard Zehring, by Mayor Coleman, to the Saint Paul
Civic Center Authority. (Laid over from August 6)
Adopted Yeas - 7 Nays - 0
33. 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. (Substitute introduced and laid over from August 6)
Laid over to August 20 Yeas - 7 Nays - 0
34. Appeal of Frank Wallner to a decision of the Board of Zoning Appeals on the legal status of semi-
trailers on Burlington Northern's intermodal hub facility, 1701 Pierce Butler Route. (Laid over from
August 6)
Laid over to August 20 Yeas - 7 Nays - 0
35. Resolution - 97 -1001 - Designating Mississippi River Boulevard as a "bicycle route ", designating a
safe speed of 25 m.p.h. along the boulevard and requesting the Department of Public Works to sign and
stripe a one -way south bound bicycle lane along the bluff side of Mississippi River Boulevard and erect
signs designating the 25 m.p.h. safe speed.
Adopted as amended Yeas - 7 Nays - 0
(Megard and Thune were excused)
36. Resolution - 97 -1002 - Recommending to the Public Utilities Commission (PUC) that it use the
"doughnut split" method to bring about area code relief in the 612 area code.
Withdrawn
37. Resolution - 97 -1003 - Recommending to the Public Utilities Commission (PUC) that it use the
"river split" method to bring about area code relief in the 612 area code.
Withdrawn
38. Resolution - 97 -1004 - Recommending to the Public Utilities Commission (PUC) that it use the
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"overlay" method to bring about area code relief in the 612 area code.
Adopted Yeas - 5 Nays - 0
39. Report from the Administration on the progress of the Electronic Computerized License Inspection
and Permit System (ECLIPS)
Written report presented prior to meeting
ORDINANCES
40. Final Adoption - 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.
Adopted Yeas - 5 Nays - 0
41. Final Adoption - 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.
Adopted Yeas - 5 Nays - 0
42. Final Adoption- 97 -912 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code by
reducing the fee for Animal Institutional Use from $400 to $200 to reflect actual cost.
Laid over to August 20 Yeas - 4 Nays - 0
(Harris not present for vote)
43. Final Adoption - 97 -914 - An ordinance finalizing City Council action approving the petition of
Metropolitan State University to rezone property located at 4XX Maria Avenue from P -1 to B -2. (Public
hearing held July 2, 1997)
Adopted Yeas - 5 Nays - 0
PUBLIC HEARINGS
44. Third Reading - 97 -913 - An ordinance amending the Saint Paul Legislative Code Section 140.10(2)
extending the hours and days that the required temperatures must be maintained in the skyways. (Laid
over from August 6)
Laid over to August 27 for final adoption
45. Resolution - 97 -1005 - Concerning stay of demolition of 659 Edmund Avenue during appeal.
Adopted Yeas - 4 Nays - 0 (Harris not present for vote)
46. Resolution - 97 -970 - Approving application for a Second Hand Dealer -Motor Vehicle License by
Walker Quality Sales Inc, dba Snelling Motor Company, 201 Snelling Avenue North. (ID 434995) (Laid
over from August 6)
Laid over to August 20 Yeas - 4 Nays - 0
(Harris not present for vote)
47. Resolution - 97 -1006 - Approving application for a State Class B Gambling Premise Permit by
Epilepsy Foundation of Minnesota at Skarda's Liquors, 728 Armstrong Avenue. (ID 413- 02928)
Adopted Yeas - 4 Nays - 0 (Harris not present for vote)
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48. Resolution - 97 -1007 - Approving application for a Gambling Manager's License by Epilepsy
Foundation of Minnesota at Skarda's Liquors, 728 Armstrong Avenue. (ID 410477)
Adopted Yeas - 4 Nays - 0 (Harris not present for vote)
49. Resolution - 97 -1008 - Concerning adverse action against the Wine On Sale License held by Style
2000, dba Cafe Latte, 850 Grand Avenue. (Uncontested)
Adopted as amended Yeas - 5 Nays - 0
50. Resolution - 97 -1009 - Concerning adverse action against licenses held by Family Liquor S
Corporation, dba Capitol Wine & Spirits, 531 Rice Street. (Uncontested)
Adopted as amended Yeas - 5 Nays - 0
51. Resolution - 97 -1010 - Concerning adverse action against the Wine On Sale License held by Sole
Cafe, 684 Snelling Avenue North. (Uncontested)
Adopted as amended Yeas - 5 Nays - 0
52. Resolution - 97 -1011 - Concerning adverse action against licenses held by Teng Thao, dba T and C
Home Delivery, 1524 Westminster Street. (Uncontested)
Adopted Yeas - 5 Nays - 0
53. Public hearing to consider the report of the Administrative Law Judge concerning the Taxicab
Driver's License held by Carlos Rosillo.
Accepted the Written Exceptions presented by the Office of License, Inspections and
Environmental Protection - License Revoked. Yeas - 5 Nays - 0
54. Resolution - 97 -1012 - Granting Schwietz Saloon, 956 Payne Avenue, a sound level variance on
September 11, 12, and 13, 1997, from 8:30 p.m. to 12:30 a.m.
Adopted as amended Yeas - 5 Nays - 0
55. Resolution - 97 -1013 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at: 1571 Maryland Avenue, 772 Lincoln Avenue, 1339
Sherburne Avenue, 911 Minnehaha Avenue West 4105, 640 Jackson Street, 1034 Suburban Avenue
4104, 630 Pierce Butler Route, and 1760 Case Avenue.
Adopted as amended Yeas - 5 Nays - 0
1571 Maryland Avenue - Laid over to September 10
772 Lincoln Avenue - Appeal Denied
1760 Case Avenue - Appeal Denied
1339 Sherburne Avenue - See suspension item
56. Resolution - 97 -1014 - Ordering the owner to remove or repair the building at 106 Congress Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Laid over to August 27 Yeas - 5 Nays - 0
57. Resolution - 97 -1015 - Ordering the owner to remove or repair the building at 924 Forest Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval and amending the date for repair or removal to February 3, 1998 if a $2,000 bond is
posted and the necessary permits are pulled by noon on August 13, 1997)
Adopted as amended (per recommendation of the Legislative Hearing Officer)
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Yeas - 5 Nays - 0
58. Resolution - 97 -1016 - Ordering the owner to remove or repair the building at 772 Frank Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 5 Nays - 0
59. Resolution - 97 -1017 - Ordering the owner to remove or repair the building at 328 Lexington
Parkway North within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval and amending the date for repair or removal to February 3, 1998 if a
$2,000 bond is posted and the vacant building fee paid by noon on August 13, 1997)
Adopted Yeas - 5 Nays - 0 (Remove or repair within fifteen days)
60. Resolution Ratifying Assessment - 97 -1018 - In the matter of boardings -up of vacant buildings for
March 1997, demolitions for March and April 1997, and collecting expenses for towing abandoned
vehicles from properties from April to December 1996. (File 4J9708B, J9709C, J9706V) (Legislative
Hearing Officer recommends approval with the following exception: 140 E. Delos Street - delete
assessment)
Adopted as amended Yeas - 5 Nays - 0
140 E. Delos Street - delete assessment
608 York Avenue - laid over to August 27
61. Appeal of Mary Altman to a Summary Abatement Order for property at 428 Ohio Street.
(Legislative Hearing Officer recommends denial but giving the owner until August 4, 1998 to take
care of the problem)
Appeal Denied (per recommendation of the Legislative Hearing Officer)
Yeas - 5 Nays - 0
62. Appeal of Jeanette Kamman to a Summary Abatement Order for property at 53 North Dale Street.
(Legislative Hearing Officer recommends denial because the appeal was received late and the
work had already been done by the City)
Appeal Denied Yeas - 5 Nays- 0
63. Appeal of Kenneth Williams to a Summary Abatement Order for property at 721 Tuscarora Avenue.
(Legislative Hearing Officer recommends laying over to the September 2, 1997 Legislative
Hearing)
Laid over to September 10 Yeas - 5 Nays - 0
64. Resolution Ratifying Assessment - 97 -1019 - In the matter of the Arlington /Ruth Area Street Paving
and Lighting Project. (File 418833)
Laid over to September 10 Yeas - 5 Nays - 0
65. Final Order - 97 -1020 - In the matter of sidewalk reconstruction on the north side of James Avenue
from South Fairview Avenue to South Howell Avenue. (Laid over from August 6)
Adopted Yeas - 5 Nays - 0
66. Final Order - 97 -1021 - In the matter of improving the alley in Block 9, Summit Avenue Addition,
(bounded by Saratoga, Portland, Pascal and Summit) by grading and paving with bituminous material.
(File 418849)
Adopted as amended Yeas - 5 Nays - 0
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67. Final Order - 97 -1022 - In the matter of condemning and taking an easement in the land necessary
for the slopes, cuts and fills in grading and paving the alley in Block 9, Summit Avenue Addition. (File
#18849 -5)
Adopted Yeas - 5 Nays - 0
68. Final Order - 97 -1023 - In the matter of installation of a lantern style street lighting system on Burr
Street from Tedesco Street to Minnehaha Avenue, and installation of a traffic signal at the intersection
of Burr Street and Tedesco Street. (File 418850)
Adopted Yeas - 5 Nays - 0
69. Final Order - 97 -1024 - In the matter of sidewalk reconstruction on the east side of North Hamline
Avenue from West Arlington Avenue to West Nebraska Avenue. (File 4597089)
Adopted Yeas - 5 Nays - 0
70. Final Order - 97 -1025 - In the matter of sidewalk reconstruction on both sides of East Arlington
Avenue from North White Bear Avenue to North Hazel Street, both sides of Germain Street from East
Seventh Street to Stillwater Avenue, both sides of East Idaho Avenue from Atlantic Street to Chamber
Street, both sides of East Idaho Avenue from Hazelwood Street to Germain Street and the south side of
East Idaho Avenue from Germain Street to Kennard Street, both sides of East Montana Avenue from
North White Bear Avenue to North Hazel Street, and both sides of Stillwater Avenue from Hazelwood
Street to Germain Street. (File 4597090 - 597095)
Adopted as amended Yeas - 5 Nays - 0
Both sides of East Montana Avenue from North White Bear Avenue to North Hazel Street (1867
East Montana Avenue) - Laid over to August 27 (597094)
71. Final Order - 97 -1026 - In the matter of sidewalk reconstruction on the west side of Algonquin
Avenue from Stillwater Avenue to Case Avenue, both sides of North Hazel Street from East Fifth Street
to Margaret Street & the east side of North Hazel Street from East Fourth Street to East Fifth Street, both
sides of North Howard Street from Wilson Avenue to Conway Street and both sides of Howard Court
from North Howard Street to the cul -de -sac, both sides of Margaret Street from North White Bear
Avenue to North Hazel Street, and both sides of Tower Street from Wilson Avenue to Conway Street.
(File 4597096 - 597100)
Laid over to August 27 Yeas - 7 Nays - 0
72. Public hearing to consider the application of Pineview Homes, Inc. for a preliminary and final plat to
allow each townhouse unit at 496 Laurel Avenue to be sold individually and recorded with Ramsey
County Property Records.
Plat application approved including a variance from the lot coverage requirement
Yeas - 5 Nays - 0
73. Public hearing to consider the appeal of Reynold Hurdt to a decision of the Heritage Preservation
Commission denying approval of manufactured siding and trim at 267 Maria Avenue. Appeal Granted
Yeas - 4 Nays - 1 (Blakey)
74. Public hearing to consider the appeal of Phillippe and Ann Arroyas to a decision of the Heritage
Preservation Commission denying approval of a new driveway and side yard parking pad at 322 Summit
Avenue.
Laid over to September 24 Yeas - 5 Nays - 0
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MISCELLANEOUS
75. Mayor Coleman's Proposed 1998 Budget Address
Susbension Item
Resolution - 97 -1027 - Suspending enforcement of the revocation of the Certificate of Occupancy at
1339 Sherburne Avenue subject to conditions.
Adopted Yeas - 5 Nays - 0
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