Minutes 5-27-1998Page 1 of 8
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, May 27, 1998 - 3:30 - 5:00 P.M.
PUBLIC HEARINGS 5:30 - 6:30 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: - 5 - Benanav, Coleman,Harris, Lantry, Reiter
Absent - 2 - Blakey (arrivedafter the consent agenda), Bostrom (excused)
Web Index
• Consent Agenda
• For Action
• Administrative Orders
• For Discussion
• Miscellaneous
CONSENT AGENDA(Items 1 - 21)
NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDAWILL BE ENACTED BY ONE
MOTION. THERE WILL BE NO SEPARATE DISCUSSION OFTHESE ITEMS. IF DISCUSSION IS
DESIRED, THAT ITEM WILL BE REMOVED FROM THECONSENT AGENDA AND
CONSIDERED SEPARATELY.
FOR ACTION
1. Approval of minutes of Aprill, 1998.
Adopted Yeas - 5 Nays - 0
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171411\Minutes 5 -... 12/15/2010
Page 2 of 8
2. Claims of Sara Backowski, FlorenceK. Crum, Tony Lindsey, M. Shahidullah, and Susan Welch.
Referred to Employee /Risk ManagementDivision
3. Summons and Complaint in the matterof Anette L. daSilva vs. the City of Saint Paul, et al.
Referred to the City Attorney'sOffice
4. Letter from the Real Estate Divisionannouncing a public hearing before City Council on June 10,
1998 to considerthe vacation of part of Erie Street south of I -35E to allow for constructionof a senior
citizen housing project.
5. Letter from Ramsey County PropertyRecords and Revenue, Valuation Division, recommending
approval of the requestfor reclassification of property located at 1021 Bandana Boulevard East.(Personal
Property 401- 910363)
Referred to the Real Estate Division
6. Letter from the Department off ire and Safety Services /Property Code Enforcement declaring 970
ThirdStreet East and 738 Wilson Avenue as "nuisance properties." (For notificationpurposes only;
public hearings will be scheduled at a later date if necessary.)
7. Resolution - 98 -443 - Recognizingthe outstanding service of Neil Radimecky, Retiring Saint Paul
Firefighter.
Adopted Yeas - 6 Nays - 0
8. Resolution - 98 -444 - Agreeingto hold Macalester College harmless for City use of Macalester's
Tenniscourts.
Adopted Yeas - 5 Nays - 0
9. Resolution - 98 -445 - Agreeingto hold Macalester College harmless for City use of Macalester's track.
Adopted Yeas - 5 Nays - 0
10. Resolution - 98 -446 - Allowingstaff to enter in an Agreement with Putter There for the operation
ofthe Como Park Miniature Golf facility.
Adopted Yeas - 5 Nays - 0
11. Resolution - 98 -447 - Executinga Lease Agreement between Prom Management Group and the City
of Saint Paulfor the management and operation of the food service and equipment rentalat the Como
Lakeside Pavilion.
Laid over to June 3 Yeas - 6 Nays- 0
12. Resolution - 98 -448 - Authorizingan agreement with Dakota County to provide communication
equipment repairand maintenance services
Adopted Yeas - 5 Nays - 0
13. Resolution - 98 -449 - Authorizingoffset of certain capital obligations of cable franchisee for 1998.
Adopted Yeas - 5 Nays - 0
14. Resolution - 98 -450 - Approvingrenewal of the City's contract with Saint Paul Neighborhood
Network (SPNN)for the provision of public, educational, and government access servicesand
community programming.
Adopted Yeas - 5 Nays - 0
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171411\Minutes 5 -... 12/15/2010
Page 3 of 8
15. Resolution - 98 -451 - Authorizingthe East Park Lion's Club to use the Division of Parks and
Recreation's3.2 beer and wine licenses during the Ramsey County Fair July 15 throughJuly 19, 1998 at
Harriet Island Park.
Adopted Yeas - 5 Nays - 0
16. Resolution - 98 -452 - AmendingCivil Service Rule 7 to allow the eligible list for entry -level Fire
Fighterto be extended up to one additional year.
Adopted Yeas - 5 Nays - 0
17. Resolution - 98 -453 - Approvingpolling location changes.
Adopted Yeas - 5 Nays - 0
18. Preliminary Order - 98 -454 -In the matter of condemning and taking a perpetual easement for sewer
purposesin connection with the Railroad Island Area Improvement Project, near KennyRoad and Desoto
Street, and setting date of public hearing for July 22,1998. (File 418856E)
Adopted Yeas - 5 Nays - 0
19. Resolution Approving Assessment- 98 -455 - In the matter of removal of diseased trees, and setting
dateof public hearing for July 22, 1998. (File 49801T)
Adopted Yeas - 5 Nays - 0
20. Resolution Approving Assessment- 98 -456 - In the matter of boardings -up of vacant property for
Januaryand February 1998; demolition of vacant buildings for January, Februaryand March, 1998; and
towing of abandoned vehicles for November and December1997 and January 1998, and setting date of
Legislative Hearings for July-7- 1998, and City Council Hearings for July 22, 1998.(File 4J9802B,
J9802C, J9802V)
Adopted Yeas - 5 Nays - 0
21. Resolution Approving Assessment- 98 -457 - In the matter of ratification of easements for the Phalen
VillagePublic Improvements Project, and setting date of public hearing for July22, 1998. (File 418871)
Adopted Yeas - 5 Nays - 0
FOR DISCUSSION
22. Presentation by the TreasuryDivision on the fees and costs for bond issuance. (Laid over from May
6,1998) (See C.F. 98 -117 adopted February 11, 1998)
An update was presented by ShirleyDavis, Treasury Division.
23. Report from the Mayor's Administrationon legal options relative to the payroll system. (Requested
on May 6)
Laid over to June 10 Yeas - 6Nays - 0
24. AdministrativeOrder:
. D001540 Amending the 1998 budget in theDepartment of Technology and Management Services
by reducing the spendingauthority of $4.447 million for the Payroll -Human Resources - Benefits
projectby $2.845 million and use the remaining $1.602 million to fund the payrollconversion
fileJ /C:ADOCUME— l\LFSUPP —l\ LOCALS —1 \Temp \ELF20101215_17141IWinutes 5 -... 12/15/2010
Page 4 of 8
project. (Laid over from May 20)
Laid over to June 10 Yeas - 6Nays - 0
24a. Resolution - 98 -461 - Approvingapplication for a Hotel /Motel License by Pooja Corporation, dba
TravelInn, 149 University Avenue East. (ID 419980000520) (Legislative HearingOfficer recommends
referral to an administrative law judge)
Referred to an AdministrativeLaw Judge
Yeas - 6 Nays - 0
ORDINANCES
25. Final Adoption - 98 -310 - Anordinance repealing Chapter 379 of the Saint Paul Legislative Code
pertainingto licensure of locksmiths. (Laid over from May 13)
Adopted Yeas - 6 Nays - 0
26. Final Adoption - 98 -349 - Anordinance amending Chapter 409 of the Saint Paul Legislative Code to
permitcharitable organizations to operate additional pull -tab dispensing devicesat permitted locations.
Adopted Yeas - 6 Nays - 0
27. Final Adoption - 98 -350 - Anordinance amending the Saint Paul Legislative Code by designating
thatMaple Street, bounded by East Third Street and Conway Street, become aone -way street.
Adopted Yeas - 6 Nays - 0
28. Third Reading - 98 -408 - An ordinancefinalizing City Council action taken April 1, 1998 approving
a petitionof Como Northtown Credit Union to rezone property located at 965/967 ChurchillStreet from
RT -1 to B -2. (Public hearing was held April 1)
Laid over to June 3 for finaladoption
29. Second Reading - 98 -441 - Anordinance to amend Sec. 189.05 and Sec. 189.14(a) of the Saint Paul
LegislativeCode adding status as a Heritage Preservation Site as a condition requiredto be disclosed on
the truth -in- housing disclosure report for single- andtwo- family dwellings, town homes, condominiums
and co -ops.
Laid over to June 3 for thirdreading /public hearing
30. First Reading - 98 -458 - An ordinanceamending Chapter 402 of the Saint Paul Legislative Code to
delete an obsoletereference to another portion of the Code.
Laid over to June 3 for secondreading
31. First Reading - 98 -459 - An ordinanceamending the Saint Paul Legislative Code Chapter 369.06;
changing the expirationdate on Building Trades Business Licenses from December 31 of the yearissued
to December 1.
Laid over to June 3 for secondreading
32. First Reading - 98 -460 - An ordinanceto regulate fires, lighted coals and fuels on multi -unit
residential balconiesand patios.
Laid over to June 3 for secondreading
file: //C:ADOCUME— l\LFSUPP —l\ LOCALS —1 \Temp \ELF20101215_17141IWinutes 5 -... 12/15/2010
Page 5 of 8
PUBLIC HEARINGS(public hearings will begin at 5:30 p.m.)
33. Third Reading - 98 -373 - Anordinance amending Chapter 361 of the Legislative Code to require
tow companiesto verify the vehicle status prior to towing and to notify the last knownowner of the
vehicle.
Laid over to June 3 for finaladoption
34. Third Reading - 98 -374 - An ordinanceamending the Saint Paul Charter to provide for voting
requirements in caseof abstentions for conflict of interest.
Laid over to June 3 for finaladoption
35. Third Reading - 98 -375 - An ordinanceto regulate conflicts of interest for City officials and
employees whoare offered, or leave the City for, private employment.
Laid over to June 3 for finaladoption
36. Third Reading - 98 -407 - An ordinanceamending Chapter 324 of the Saint Paul Legislative Code to
prohibit tobaccovending machines in facilities where minors are present and to establishan
administrative penalty to be imposed against the clerk at a licensedpremise who sells tobacco or tobacco
products to a minor.
Laid over to June 3 for finaladoption
(Reiter was not present for the voteson Items 437 -57)
37. Resolution - 98 -317 - Concerningthe Auto Repair Garage License held by Mary P. Fasching, dba
M.F. Automotive, 1728 Selby Avenue. (Laid over from April 22)
Laid over to June 10 and continuepublic hearing Yeas - 5 Nays - 0
38. Resolution - 97 -1288 - Approvingapplication for an Entertainment -A License by Style 2000 Inc.,
dba CafeLatte, 850 Grand Avenue. (ID 416046) (Laid over from April 29)
Withdrawn Yeas - 5 Nays - 0
39. Resolution - 98 -462 - Concerningadverse action against licenses held by Richard D. Defoe
Enterprises, Inc.,dba Club Cancun, 1638 Rice Street. (Uncontested)
Adopted as amended Yeas - 5 Nays- 0
40. Resolution - 98 -463 - Concerningadverse action against licenses held by Saykham Sengmavong, dba
FamilyLao -Thai Restaurant, 501 University Avenue West. (Uncontested)
Adopted Yeas - 5 Nays - 0
41. Resolution - 98 -464 - Approvingthe decision of the Legislative Hearing Officer on Property Code
EnforcementAppeals for property located at 1032 East Magnolia Avenue, 423 UniversityAvenue West,
781 Armstrong Avenue, 1549 University Avenue West, 421- 423University Avenue West, and 595
Selby Avenue.
Adopted as amended Yeas - 5 Nays- 0
(423 University Avenue West laidover to June 3)
42. Resolution - 98 -380 - Orderingthe owner to remove or repair the building at 53 Maryland Avenue
East withinfifteen (15) days from adoption of resolution. (Laid over from May 6) (LegislativeHearing
Officer recommends allowing the owner six months to complete rehabilitationprovided the vacant
building fee is paid and a $2,000 bond is posted bynoon, May 27)
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171411\Minutes 5 -... 12/15/2010
Page 6 of 8
Adopted as amended (per recommendationof the Legislative Hearing Officer)
Yeas - 5 Nays - 0
43. Resolution - 98 -382 - Orderingthe owner to remove or repair the building at 860 Robert Street South
withinfifteen (15) days from adoption of resolution. (Laid over from May 6) (LegislativeHearing Officer
recommends allowing the owner six months to complete rehabilitationprovided a code compliance
inspection is completed and a $2,000 bond isposted by noon, June 10)
Laid over to June 10 Yeas - 5Nays - 0
44. Resolution - 98 -465 - Orderingthe owner to remove or repair the building at 240 Belvidere Street
Eastwithin fifteen (15) days from adoption of resolution. (Legislation HearingOfficer recommends
amending the order to remove or repair within five days)
Adopted as amended (per recommendationof the Legislative Hearing Officer)
Yeas - 5 Nays - 0
45. Resolution - 98 -466 - Orderingthe owner to remove or repair the building at 17 Congress Street
West withinfifteen (15) days from adoption of resolution. (Legislation Hearing Officerrecommends
amending the order to remove or repair within five days)
Adopted as amended (per recommendationof the Legislative Hearing Officer)
Yeas - 5 Nays - 0
46. Resolution - 98 -467 - Orderingthe owner to remove or repair the building at 516 Como Avenue
within fifteen(15) days from adoption of resolution. (Legislation Hearing Officer recommends approval)
Adopted Yeas - 5 Nays - 0
47. Resolution - 98 -468 - Orderingthe owner to remove or repair the building at 921 -927 Selby Avenue
(917Selby Avenue) within fifteen (15) days from adoption of resolution. (LegislationHearing Officer
recommends amending the order to remove or repair withinsix months)
Adopted as amended (per recommendationof the Legislative Hearing Officer)
Yeas - 5 Nays - 0
Council requested an update onAugust 12 regarding the status and progress of the repairs made
to theproperty.
48. Resolution Ratifying Assessment- 98 -421 - In the matter of summary abatements (property cleanup
for partof January and February 1998); boardings -up for November and December 1997;and summary
abatement (snow and /or ice removal and sanding walks for partof December 1997 through February
1998). (Public hearing continued fromMay 13) (File 4J9801A, J9801B, J9801A1) (Legislative Hearing
Officer recommends approval with the following exceptions:
1130 Bush Avenue - Reduce the assessmentto $400.00 plus a $40.00 service fee;
553 Edmund Avenue - Reduce the chargeto $100.00 plus $90.00 for disposal of the trash and a $40.00
service fee;
741 Maryland Avenue - Reduce the assessmentto $137.50)
(Laid over from May 13 for continuationof public hearing)
Adopted as amended (per recommendationof the Legislative Hearing Officer)
Yeas - 5 Nays - 0
file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171411\Minutes 5 -... 12/15/2010
Page 7 of 8
49. Final Order - 98 -469 - In thematter of curb construction on the north side of East Wheelock
Parkwayat 1445 Arcade Street only, and sidewalk reconstruction on both sides ofEarl Street from Thorn
Street to Mounds Boulevard. (File 4597104, 597105)
Adopted Yeas - 5 Nays - 0
50. Final Order - 98 -470 - In thematter of sidewalk reconstruction on both sides of Hazelwood Street
fromEast Arlington Avenue to East Nebraska Avenue, the north side of East IdahoAvenue from
Birmingham Street to Manton Street, and the west side of NorthWhite Bear Avenue from Stillwater
Avenue to north 12 feet and the southside of Stillwater Avenue from North White Bear Avenue to west
50 feetat 877 North White Bear Avenue only. (File 4598001 - 598003)
Adopted Yeas - 5 Nays - 0
51. Final Order - 98 -471 - In thematter of sidewalk reconstruction on both sides of Goodrich Avenue
fromSouth Fairview Avenue to South Howell Street, the north side of East ThirdStreet from Barclay
Street to Hazelwood Street and the west side of HazelwoodStreet from East Third Street to Fremont
Avenue at 1535 East Third Streetonly. (File 4598004, 598005)
Adopted Yeas - 5 Nays - 0
52. Final Order - 98 -472 - In thematter of sidewalk reconstruction on both sides of West Colorado
Streetfrom Stryker Avenue to Hall Avenue, both sides of Stryker Avenue from WestWinifred Street to
West Congress Street, and the south side of West WinifredStreet from Stryker Avenue to Hall Avenue.
(File 4598024, 598025)
Adopted Yeas - 5 Nays - 0
53. Final Order - 98 -473 - In thematter of improving the alley in Block 3, Lake Park Addition (bounded
byArona, Almond, Snelling and Canfield) by grading and paving with bituminousmaterial. (File
418873)
Laid over to June 10 and continuepublic hearing Yeas - 5 Nays - 0
54. Final Order - 98 -474 - In thematter of condemning and taking permanent easements in the land
necessaryfor slopes, cuts and fills for the improvement of the alley in Block 3,Lake Park Addition. (File
#18873 -5)
Adopted Yeas - 5 Nays - 0
55. Public hearing to consider theapplication of William Dunnigan to rezone property from RT -2
(TownhouseResidential District) to B -3 (General Business District) for expansionof an existing auto
repair and service station at 365 -367 Smith AvenueNorth.
Laid over to June 10 Yeas - SNays - 0
56. Public hearing to consider theapplication of Jerome LaCroix to rezone property from RT -2
(Townhouse ResidentialDistrict) to B -3 (General Business District) for expansion of an existingauto
repair and service station at 371 Smith Avenue North.
Laid over to June 10 Yeas - SNays - 0
57. Public hearing to consider theappeal of Donald Willenbring, et al. to a decision of the Planning
Commissiongranting the appeal of Arnold Fritsche to a decision of the planning administratorto approve
a lot split at XXX Wiggins Road.
Motion to deny the appeal failedYeas - 2 Nays - 3 (Benanav, Coleman, Harris)
Laid over to June 10 Yeas - SNays - 0
fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_171411\Minutes 5 -... 12/15/2010
Page 8 of 8
MISCELLANEOUS
58. Recognition of Retiring CityEmployee Larry Kasella, Division of Libraries.
Larry Kasella, Division of Libraries,was recognized
fileJ /C:ADOCUME— l\LFSUPP —l\ LOCALS —1 \Temp \ELF20101215_17141IWinutes 5 -... 12/15/2010