Minutes 8-6-1997Page 1 of 8
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, August 6, 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
• Addendum
• Suspension Item
Present - 5 - Blakey, Collins, Harris, Megard, Morton
Absent - 2 - Bostrom, Thune (Excused)
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:
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Letter from the Office of License, Inspections and Environmental Protection announcing public hearings
before the City Council on August 13, 1997 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, and 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.
1. Approval of minutes of July 2, 1997.
Adopted Yeas - 5 Nays - 0
2. Claims of Stacey Burks, Rania Edrozo, Joe Gorgoschlitz, Marietta Heim, Vernon Hermes, William
Krejce, James Mems, Leon Olenick and Jackie Olenick, Joseph Perez and Daniel Woodbeck, Joseph
Phipps Jr., Joel Revzen, Heather Seifert, and Archie Stark.
Referred to Employee /Risk Management Division
3. Summons and Complaint in the matter of Karen Kormann and Terrance Kormann vs. the City of
Saint Paul.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of Darrell T. Brown vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
5. Amended Complaint in the matter of Fleet Mortgage Corp. vs. the City of Saint Paul.
Referred to the City Attorney's Office
6. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on August 13, 1997, to consider the application for a sound level
variance by Jeff Matthews and Maureen Mariano for concerts to be held at Schwietz Saloon, 956 Payne
Avenue, on September 11, 12, and 13, 1997, from 8:30 p.m. to 12:30 a.m.
7. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on August 13, 1997, 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.
8. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
August 13, 1997, to consider the report of the Administrative Law Judge concerning the Taxicab
Driver's License held by Carlos Rosillo.
9. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
August 13, 1997, concerning the Wine On Sale License held by Style 2000, dba Cafe Latte, 850 Grand
Avenue. (Uncontested)
10. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
August 13, 1997, concerning licenses held by Teng Thao, dba T and C Home Delivery, 1524
Westminster Street. (Uncontested)
11. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
August 13, 1997, concerning licenses held by Family Liquor S Corporation, dba Capitol Wine & Spirits,
531 Rice Street. (Uncontested)
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12. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
August 13, 1997, concerning the Wine On Sale License held by Sole Cafe, 684 Snelling Avenue North.
(Uncontested)
13. Letters from Saint Paul Public Health declaring 1132 Central Avenue West and 906 York Avenue as
"nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if
necessary.)
14. Letters from Saint Paul Public Health declaring 747 Central Avenue West, 737 Cypress Street, 952
Jenks Avenue, 954 Jenks Avenue, and 617 York Avenue as "nuisance properties" and setting date of
Legislative Hearings for August 19, 1997 and City Council Hearings for August 27, 1997.
15. Letter from Ramsey County Property Records and Revenue recommending a reclassification of the
property at 611 York Avenue.
Referred to the Real Estate Division
16. Communication from Saint Paul Animal Control dated July 28, 1997 announcing a request from the
University of Minnesota Research Lab for unclaimed dogs and cats.
17. Administrative Orders:
D001275 Deduction of $262.00 from the contract for Saint Paul Civic Center Expansion, CP -4 Building
Construction.
D001276 Addition of $237.00 to the contract for Arlington Hills Branch Library.
D001277 Deduction of $579.00 from the contract for abatement of asbestos containing materials at
Arlington Hills Branch Library.
D001278 Addition of $9,362.00 to the contract for Saint Paul Civic Center Expansion, CP -4 Building
Construction Mechanical - Parking Ramp Alternate A.
D001279 Amending the 1997 budget in the Office of Financial Services- Budget Section by transferring
$4,000 from General Government Financial Forms Printing to General Government Accounts CIB
Committee per diem to pay for additional meeting costs related to the 1997 CIB process
Noted as on file in the City Clerk's Office
18. Resolution - 97 -930 - Approving the appointments of Pao Choua Vang, Kenneth U. Udoibok, and
Linda James and the reappointments of James Anderson and Hoa Thi Thu Bury, by Mayor Coleman, to
the Saint Paul New Americans Advisory Committee. (Laid over from July 30 for adoption)
Adopted Yeas - 5 Nays - 0
19. 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 July 30 for adoption)
Laid over to August 13 Yeas - 5 Nays - 0
20. Resolution - 97 -932 - Approving the May 1, 1996 through April 30, 1998 Maintenance Labor
Agreement between the City of Saint Paul and Operative Plasterers and Cement Masons International
Association, Local 4633. (Laid over from July 30 for adoption)
Adopted Yeas - 5 Nays - 0
21. Resolution - 97 -955 - Approving a budget amendment of $15,000 to the Parking and Transit Fund so
Saint Paul can participate in the Riverview Transit Corridor Study with other government agencies.
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Adopted Yeas - 5 Nays - 0
22. Resolution - 97 -956 - Agreeing to indemnify Agribank F C B for the use of their parking lot on the
corner of 6th and Jackson Streets during the Gus Macker Basketball Tournament on August 16 and 17,
1997.
Adopted Yeas - 5 Nays - 0
23. Resolution - 97 -957 - Authorizing the Department of Planning and Economic Development to
submit an application to the Metropolitan Council for a planning assistance grant in the amount of
$20,000.
Adopted Yeas - 5 Nays - 0
24. Resolution - 97 -958 - Releasing easements in vacated Harvard Street.
Adopted Yeas - 5 Nays - 0
25. Resolution - 97 -959 - Amending Council File 492 -1330 to correct the legal description of a
pedestrian easement to be retained in that vacated part of Wayzata Street.
Adopted Yeas - 5 Nays - 0
26. Preliminary Order - 97 -960 - In the matter of operating and maintaining the City -owned "Town
Square" Public Spaces located within Cedar, Seventh, Minnesota and Sixth Streets, and setting date of
public hearing for October 8, 1997. (File 418113 -98)
Adopted Yeas - 5 Nays - 0
27. Preliminary Order - 97 -961 - In the matter of the operation and maintenance costs for the
Arcade /Case parking lot and the Immaculate Heart of Mary parking lot from January 1, 1998 to
December 31, 1998, and setting date of public hearing for October 1, 1997. (File 418744 & 18746)
Adopted Yeas - 5 Nays - 0
28. Resolution Approving Assessment - 97 -962 - In the matter of the Morgan /Edgcumbe Area Street
Paving and Lighting Project, and setting date of public hearing for October 1, 1997. (File 418834)
Adopted Yeas - 5 Nays - 0
29. Resolution Approving Assessment - 97 -963 - In the matter of condemnation and taking of a
permanent easement for right -of -way purposes in connection with the April 27, 1982 vacation of East
Idaho Avenue, and setting date of public hearing for October 1, 1997. (File 418845)
Adopted Yeas - 5 Nays - 0
FOR DISCUSSION
30. Resolution - 97 -964 - Recognizing the Confederate Air Force Southern Minnesota Wing 20th
Annual Air Power Display to be held on August 8 -10, 1997 at Holman Field.
Adopted Yeas - 5 Nays - 0
31. Resolution - 97 -688 - Increasing the subsidy level for housing redevelopment in the City of Saint
Paul. (Laid over from June 18)
Adopted as amended Yeas - 5 Nays - 0
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32. Resolution - 97 -689 - Rescinding the sprinkler mandate created by Council File 88 -1400. (Laid over
from June 18)
Failed Yeas - 3 Nays - 2 (Collins, Morton)
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. (Laid over from July 9)
Substitute introduced and laid over to August 13
Yeas - 5 Nays - 0
34. Resolution - 97 -715 - Changing the rate of pay of the Council Investigation and Research Center
Director from Grade 26 to Grade 28 of the Non - represented City Managers Standard Ranges in the
Salary Plan and Rates of Compensation. (Laid over from July 23)
Adopted Yeas - 5 Nays - 0
35. Review of Telecommunication Industry Report which is before the Minnesota Public Utilities
Commission. Staff discussion of associated impacts on local government, local businesses and City
residents associated with the proposed 612 area code split.
A report was presented and Council requested that resolutions be prepared for the August 13
meeting.
ORDINANCES
36. Final Adoption - 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.
Adopted Yeas - 5 Nays - 0
37. Final Adoption - 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 from July 23)
Adopted Yeas - 5 Nays - 0
38. 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.
Laid over to August 13 for Final Adoption Yeas - 5 Nays - 0
39. Third Reading - 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)
Laid over to August 13 for Final Adoption
PUBLIC HEARINGS (public hearings will begin at 4:30 p.m.)
40. Final Adoption - 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.
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(On July 23 this ordinance was laid over to August 6 for final adoption; Reconsidered on July 30 and
laid over to August 6 to continue public hearing and final adoption)
Adopted Yeas - 4 Nays -1 (Collins)
41. Third Reading - 97 -840 - An ordinance to enact the Vendor Outreach Program as new Chapter 84 of
the Saint Paul Administrative Code. (Laid over from July 23 for continuation of third reading /public
hearing)
Laid over to August 20 for continuation of Third Reading /Final Adoption
Yeas - 5 Nays - 0
42. Third Reading- 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 13 for Final Adoption
43. 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 to August 13 for continuation of Third Reading
Yeas - 4 Nays - 0 (Harris not present for vote)
44. Resolution - 97 -965 - Approving application for a Liquor On Sale -B License by Sawatdee Thai
Restaurant Inc., 289 5th Street East. (ID 463859)
Adopted Yeas - 4 Nays - 0 (Harris not present for vote)
45. Resolution - 97 -966 - Approving application for a Cabaret Class A license by Pangaea Coffee and
Tea House LLC, 1811 Selby Avenue. (ID 449063)
Substitute introduced and adopted Yeas - 5 Nays - 0
46. Resolution - 97 -967 - Approving application for an Auto Repair Garage License by Inter City Truck
Service Inc., 649 Pelham Boulevard. (ID 485085)
Adopted Yeas - 5 Nays - 0
47. Resolution - 97 -968 - Approving application for an Auto Repair Garage License by Hillcrest
Certicare, 1581 White Bear Avenue North. (ID 423347)
Adopted Yeas - 5 Nays - 0
48. Resolution - 97 -969 - Approving application for an Auto Body Repair Garage License by Value
Auto Body & Paint LLC, 1865 University Avenue West. (ID 452180)
Adopted Yeas - 5 Nays - 0
49. 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 to August 13 Yeas - 5 Nays - 0
50. Resolution - 97 -889 - Adopting the Selby Avenue Small Area Plan as an amendment to the City's
Comprehensive Plan. (Laid over from July 23)
Adopted Yeas - 5 Nays - 0
51. Resolution - 97 -971 - Requesting a sound level variance by the St. Paul Saints Baseball Club for a
music concert at Midway Stadium on August 29, 1997, from 5:30 p.m. to 10:30 p.m.
Adopted Yeas - 5 Nays - 0
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52. Resolution - 97 -972 - Requesting a sound level variance by the Division of Parks and Recreation for
the showing of Walt Disney movies to be aired outdoors at McMurray Fields on August 7 -10, 1997,
from 8:45 to 10:15 p.m.
Adopted Yeas - 4 Nays - 0 (Megard not present for vote)
53. Final Order - 97 -973 - In the matter of sidewalkreconstruction on both sides of East Geranium
Avenue from Earl Street to Duluth Street. (Laid over from July 23)
Adopted Yeas - 4 Nays - 0 (Megard not present for vote)
54. Public hearing to consider the 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 to August 13 Yeas - 5 Nays - 0
ADDENDUM
55. Third 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 from July 16)
Laid over to August 13 for Final Adoption
56. Resolution - 97 -974 - Approving application for a Grocery -C and Cigarette License
by Sally's Food Market, 1046 Arcade Street. (ID 429733)
Adopted as amended Yeas - 5 Nays - 0
57. Resolution - 97 -975 - Approving application for a Gambling Manager's License by Johnson Area
Hockey Association at Governor's, 959 Arcade Street and at Louie's, 883 Payne Avenue. (ID 469677 &
22667)
Adopted Yeas - 5 Nays - 0
58. Resolution - 97 -122 - Ordering the owner to remove or repair the building at 393 Sherburne Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval) (Laid over from February 5)
Adopted Yeas - 5 Nays - 0
59. Final Order - 97 -976 - In the matter of sidewalk reconstruction on both sides of Blair Avenue from
North Chatsworth Street to North Oxford Street. (File 4S97080)
Adopted Yeas - 5 Nays - 0
60. Final Order - 97 -977 - In the matter of sidewalk reconstruction on both sides of Arbor Street from
Jefferson Avenue to Grace Street. (File 4S97081)
Adopted Yeas - 5 Nays - 0
61. Final Order - 97 -978 - In the matter of sidewalk reconstruction on the east side of Edgcumbe Road
from Juliet Avenue to Palace Avenue, both sides of South Howell Street from Palace Avenue to James
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Avenue, the north side of James Avenue from South Fairview Avenue to South Howell Avenue, and
both sides of Sumner Street from Bayard Avenue to Eleanor Avenue. ( 4597082 - 597085)
Adopted as amended Yeas - 5 Nays - 0
(the north side of James Avenue from South Fairview Avenue to South Howell Avenue laid over to
August 13)
62. Final Order - 97 -979 - In the matter of sidewalk reconstruction on the west side of North Hamline
Avenue from West Arlington Avenue to West Nebraska Avenue; the south side of West Nebraska
Avenue from North Hamline Avenue to Sheldon Street, and the north side of West Nebraska Avenue
from North Hamline Avenue to the west 128 feet to the alley; and the north side of Pearl Street from
Bayless Avenue to Cromwell Avenue and the east side of Cromwell Avenue from Pearl Street to the
north 40 feet. (File 4597086 - 597088)
Adopted Yeas - 5 Nays - 0
Susbension Item
Resolution - 97 -980 - Accepting an invitation from the Como Zoological Society for elected City
officials and City staff to participate in a golf tournament benefit on Monday August 11, 1977.
Adopted Yeas - 5 Nays - 0
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