Minutes 07-06-1994 /
SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
July 6, 1994
3:30 P.M. - City Council Chambers - 1'hird Floor
City Hall and Court House
St. Paul, Minnesota
Present - 6- Councilmembers Blakey, Guerin, Harris, Megard, Rettman, Thune
Absent - 1- Councilmember Grimm (arrived immediately after the roll call)
CONSENT AGENDA
Councilmember Thune requested that item 26 be removed for discussion.
Councilmember Rettman requested that item 17 be removed for discussion.
Councilmember Rettman moved approval of the Consent Agenda as amended.
Roll Call Yeas - 7 Nays - 0
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FOR ACTION
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1. Claims of Jeanne L. Brisson, Leah B. Davis, Douglas M. Hartman, Thomas Jerome
Munion, Alward Schneider, and Denise Thompson.
Refened to the City Attomey's Office
2. Summons and Complaint, Temporary Restraining Order and Notice of Hearing, and
Petition for Temporary Restraining Order and/or Injunction in the matter of Cornellier
Fireworks Company, Ltd. vs. the City of St. Paul, et al.
Refened to the City Attomey's Office
3. Order Shortening Time for Service and Filing, Notice of Motion and Motion, Affidavit of
Kenneth Dagel, Order, and Memorandum of Law in the matter of Kenneth Dagel vs. the
City of St. Paul.
Refened to the City Attorney's Office
4. Claim in the matter of Elsie Mayard vs. the City of St. Paul, et a1.
Refened to the City Attorney's Office
5. Petition of Rolee Smith Halper, David B. Trach, Norman S. Smith, and Milton G. Smith
for the vacation of so much of the alley running in an easterly/westerly direction in
Block 2 Stinson's Boulevard Addition to Saint Paul. (For referral to the Finance
Department for check as to form and sufficiency.)
For referral to the Finance Department for check as to form and sufficiency
6. Petition of the City of St. Paul for the vacation of a sewer easement in Lot 26, Block 1,
Winter's Addition located on Englewood Avenue between Avon and Grotto, and setting
date of public hearing for August 3, 1994. (File 10-1994)
City Council Summary Minutes July 6, 1994
7. Letter from the Office of the City Attorney announcing date of public hearing before the
City Council on July 20, 1994, concerning adverse action against licenses held by the
Starting Gate, 2516 West 7th Street. (Uncontested)
8. Letters from the St. Paul Division of Public Health declaring 1543 Dale Street North,
909 Dayton Avenue, and 808 Edmund Avenue as "nuisance properties". (For notification
purposes only; public hearings will be scheduled at a later date if necessary.)
9. Adnunistrative Orders:
D00160 Authorizing payment not to exceed $6,000 for the "First Annual Fishing
Opener".
D00161 Amending the 1994 budget by transferring $75,000 from Mayor's
Contingency to the Office of Families and Children.
D00162 Addition of $32,500 to the contract for repairing damaged concrete areas
in the live fire training building.
D00163 1994 budget amendment in the Department of Public Works/Street Repair
and Cleaning Fund.
D00164 1994 budget amendment in the Police Department/Special Projects Fund
for Officers' Friendly video libraries.
Noted as on file in the City Clerk's Office
10. Resolution - 94-780 - Approving renewal of various On Sale Liquor and Supporting
Licenses by: Judy K's, 258 7th Street West; Market House, 289 Sth Street East; and The
Ground Round, 1825 Suburban Avenue (ID # 15599 - 90840). (Laid over from June 29
for adoption)
Adopted Yeas - 7 Nays - 0
11. Resolution - 94-952 - Approving renewal of On Sa1e Wine and Restaurant-B License by
Robert Piper, dba Tulips Restaurant, 452 Selby Avenue (ID #57180). (To be laid over
one week for approval)
Laid over to July 13
12. Resolution - 94-953 - Approving renewal of On Sale Liquor Club-C, Sunday On Sale
Liquor, Dance Hall and Restaurant C license by Polish American Club Inc., dba Polish
American Club, 1003 Arcade Street (ID #59435). (To be laid over one week for
adoption)
Laid over to July 13
13. Resolution - 94-954 - Approving renewal of Class III Gambling Premise Permit by Payne
Arcade Area Business Association, 973 Payne Avenue, at Peppercorns, 1178 Arcade
Street (ID #B-03785). (To be laid over one week for adoption)
Laid over to July 13
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City Council Summary Minutes July 6, 1994
14. Preliminary Order - 94-955 - In the matter of sidewalk reconstruction on the east side of
Nelson Street from Upper Afton Road to Larry Ho Drive at 42 Nelson Street, and
setting date of public hearing for August 31, 1994. (File #594102)
Adopted Yeas - 7 Nays - 0
15. Preliminary Order - 94-956 - In the matter of construction of a surface parking lot for
approlcimately 12 to 13 parking spaces on a lot with a vacant house to be acquired and
demolished at 811 Case Avenue (under the Places to Park Program), and setting date of
public hearing for August 31, 1994. (File #18743)
Adopted Yeas - 7 Nays - 0
16. Preliminary Order - 94-957 - In the matter of operating costs for the publicly owned
parking lot at 811 Case Avenue for utilities, insurance, snow removal, general
maintenance and repairs from November 1, 1994 to December 31, 1995, and setting date
of public hearing for August 31, 1994. (File #18744)
Adopted Yeas - 7 Nays - 0
17. (discussed later in the meeting)
18. Resolution - 94-958 - Approving the appointment, by Mayor Coleman, of Dow Stephen
Yang to the Advisory Committee on Aging. (To be laid over one week for adoption)
Laid over to July 13
19. Resolution - 94-959 - Approving the appointments of Frank Forsberg, Lori Johnson,
Ofelia Lopez, Joanne Martin, Suzanne Osten, Kate Seng, Lupe Senano and Mao Yang
and the reappointment of C�mthia Curry, by Mayor Coleman, to the Child Care
Partnership Program Selection Team. (To be laid over one week for adoption)
Laid over to July 13
20. Resolution - 94-960 - Allowing property at 1085 McKnight Road South in St. Paul to
have a sewer service connection to the Maplewood sewer in McKnight Road.
Adopted Yeas - 7 Nays - 0
21. Resolution - 94-961 - Authorizing the release of utility easements no longer needed by
the Utility Companies indicated in the resolution.
Adopted Yeas - 7 Nays - 0
22. Resolution - 94-962 - Approving settlement of the claim of Donald A. Casura against the
City of Saint Paul for $3,500.
Adopted Yeas - 7 Nays - 0
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City Council Summary Minutes July 6, 1994
23. Resolution - 94-963 - Approving settlement of the claim of Mai Yang against the City of
Saint Paul for $3,000.
Adopted Yeas - 7 Nays - 0
24. Resolution - 94-964 - Approving removal of an Abandoned Vehicle Assessment from tax
roll. (#9589)
Adopted Yeas - 7 Nays - 0
25. Resolution - 94-965 - Approving disbursement of Youth Program Funds from charitable
gambling proceeds to Battle Creek Booster Club, Eastview Booster Club, Frogtown
Festival, Inc., Griggs Booster Club, Sports For Life, Summit/University Girls' Athletic
Association, Valley Booster Club, and Wilder Youth Club.
Adopted Yeas - 7 Nays - 0
26. (discussed later in the meeting)
17. Resolution - 94-782 - Approving the appointment, by Mayor Coleman, of Pamela Kelly
as Affirmative Action Director, (L,aid over from June 29 for adoption)
Ms. Kelly appeared to thank the Council for their approval of her appointment.
Councilmember Rettman moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
26. Resolution - 94-966 - Finalizing City Council adverse action taken on June 29, 1994
pertaining to licenses held by Jimbee Corporation, dba Mike's Bar, 326 Grove Street.
Councilmember Thune requested that this item be laid over for one week to give him
more time to review the final resolution.
In response to a question from Councilmember Harris, Timothy Marx, City Attorney,
indicated that laying this item over would cause a one week delay in the imposition of
the penalty; however, it would not change the penalty itself.
Councilmember Rettman moved the item be laid over to July 13, 1994.
Roll Call Yeas - 7 Nays - 0
FOR DISCUSSION
27. First Reading - 94-967 - An ordinance amending Chapter 86 of the Saint Paul
Administrative Code dealing with the signing of contracts, deeds, bonds and checks.
Laid over to July 13 for Second Reading
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City Council Summary Minutes July 6, 1994
28. Resolution - 94-793 - Amending the 1994 budget by transferring $94,878 and adding
$189,334 in additional authority to reinstate ten (10) positions, vacated as part of the
early retirement incentive program. (Laid over from June 29)
In response to a question from Councilmember Thune, Councilmember Rettman
indicated that additions to the Public Works staff are included in these positions.
Councilmember Rettman moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
COMMITTEE REPORTS
29. Resolution - 94-654 - establishing the rate of pay for Water Maintenance Supervisor in
the Salary Plan and Rates of Compensation Resolution. (Referred to Finance and
Budget Committee; on July 6 Committee agenda)
Councilmember Guerin moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
ORDINANCES
30. Final Adoption - 94-500 - An ordinance amending Chapter 310 of the Legislative Code
relating to procedures for renewal of Class III licenses. (City Operations Committee
recommends approval as amended.) (Public hearing held June 29)
Councilmember Megard moved approval of the ordinance.
Adopted Yeas - 7 Nays - 0
31. Final Adoption - 94-858 - An ordinance amending Chapter 60 of the Legislative Code by
rezoning property of Janice A. Meyer located at 2186 Como Avenue from RT-2 to B-1
to allow a framing shop and art retailer. (Public hearing held May 11)
Councilmember Megard moved approval of the ordinance.
Adopted Yeas - 7 Nays - 0
32. Second Reading - 94-799 - An ordinance establishing an Examining Committee for the
position of Director of Human Resources pursuant to the provisions of Section 12.12.1 of
the City Charter. (Third reading will be laid over to August 3)
I,aid over to August 3 for Third Reading/Public Hearing
33. Second Reading - 94-930 - An ordinance amending Chapter 280 of the Saint Paul
Legislative Code by adding a new section which makes it a crime for any person to
possess non-water soluble paints in spray cans, other paint containers or marking devices.
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City Council Summary Minutes July 6, 1994
Timothy Marx, City Attorney, suggested that some of the wording of the ordinance be
amended to more accurately reflect its title.
Councilmember Rettman moved the ordinance be amended as recommended.
Amended Yeas - 7 Nays - 0
Laid over to July 13 for Third Reading/Public Hearing
34. Second Reading - 94-931 - An ordinance finalizing City Council approval of a petition of
Woodland Tenace Inc. to rezone property located at 538 Dayton Avenue to P-1. (Public
hearings held on May 11 and May 25)
Laid over to July 13 for Third Reading/Public Hearing
35. First Reading - 94-968 - An ordinance finalizing City Council approval of a petition of
2305 Riverford Partnership and Multi-Clean, Inc. to rezone property located at 2305
Ford Parkway and 775 Woodlawn Avenue to RM-2. (Public hearing held June 22)
L,aid over to July 13 for Second Reading
PUBLIC HEARINGS
47. Final Order - 94-978 - In the matter of sidewalk reconstruction on the south side of West
Minnehaha Avenue from North Dale Street to North Grotto Avenue. (File #S9466)
Francis Wistercell of 716 West Minnehaha stated that her street was not in need of new
sidewalks. She indicated that roots from some of the trees in the boulevard are
upheaving some of the sidewalk, but she emphasized that even if reconstruction is done,
it will have to be repeated in 10-15 years to accommodate new tree growth.
Tom Keefe, Public Works, stated that only one panel in front of Ms. Wistercell's
residence will be removed for tree roots to be cut. He indicated that it was his
understanding that Ms. Wistercell could not be assessed for the same work done in the
next 20 years.
In response to a question from Councilmember Blakey, Mr. Keefe indicated that roots
have grown back in the past after they have been cut, but usually not very quickly.
Councilmember Blakey asked Ms. Wistercell if she was amiable to the reconstruction if
she would not be assessed for the same work for the next 20 years.
Ms. Wistercell agreed to this, but indicated concem that the tree looked as though it
may soon die. Councilmember Blakey indicated that a staff person will inspect the tree
to determine whether or not it is in need of removal.
Clara Graves of 674 West Minnehaha indicated that the sidewalks on her street are not
in need of repair, but she indicated that there are other sidewalks in her area that are
much more in need of reconstruction. She also indicated that there are many properties
in her area that are in need of repair as the owners have not kept them up.
Mr. Keefe indicated that only six or seven sidewalk panels are being removed on her
block for repair.
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City Council Summary Minutes July 6, 1994
Councilmember Thune indicated that the appropriate City departments will be notified
to inspect the area to determine if the sidewalk repair is necessary and to check into the
properties that may be in need of repair.
Councilmember Blakey moved approval of the order.
Adopted Yeas - 7 Nays - 0
36. Third Reading - 94-898 - An ordinance amending Sections 310.01 and 310.05 of the St.
Paul Legislative Code to allow the imposition of fines, and of all or a part of the costs of
contested case hearings, on licensees or applicants.
No one appeared in opposition.
Laid over to July 13 for Final Adoption
(Councilmember Blakey left the meeting)
37. Resolution - 94-945 - Ordering the owner(s) to remove or repair property located at 430-
434 Case Avenue within fifteen (15) days of adoption of resolution. (Legislative Hearing
Officer recommends approval) (Laid over from June 29 with stipulations)
Reneta Weiss, Public Health, indicated that no bonds have been posted, but it is her
understanding that the owner, Richard Russ, is seeking the appropriate bonds to restore
the building.
Councilmember Rettman moved approval of the resolution giving the owner 15 days to
secure the appropriate bonds and permits.
Adopted Yeas - 6 Nays - 0(Councilmember Blakey not present for vote)
38. Final Order - 94-969 - In the matter of sidewalk reconstruction on both sides of
Armstrong Avenue from South Milton Street to South Chatsworth Street. (File #S9430)
No one appeared in opposition.
Councilmember Hams moved approval of the order.
Adopted Yeas - 6 Nays - 0(Councilmember Blakey not present for vote)
39. Final Order - 94-970 - In the matter of sidewalk reconstruction on both sides of
Armstrong Avenue from View Street to South Victoria Street. (File #S9431)
No one appeared in opposition.
Councilmember Harris moved approval of the order.
Adopted Yeas - 6 Nays - 0(Councilmember Blakey not present for vote)
(Councilmember Blakey returned)
40. Final Order - 94-971 - In the matter of sidewalk reconstruction on the east side of South
Lexington Parkway from Ayd Mill Road to Jefferson Avenue. (File #59432)
No one appeared in opposition.
Councilmember Harris moved approval of the order.
Adopted Yeas - 7 Nays - 0
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City Council Summary Minutes July 6, 1994
41. Final Order - 94-972 - In the matter of sidewalk reconstruction on the north side of Otto
Avenue from South Milton Street to South Chatsworth Street and the south side of Otto
Avenue from West Seventh Street to South Chatsworth Street. (File #S9441)
No one appeared in opposition.
Councilmember Harris moved approval of the order.
Adopted Yeas - 7 Nays - 0
42. Final Order - 94-973 - In the matter of sidewalk reconstruction on both sides of Argyle
Street from West Jessamine Avenue to Como Avenue, the south side of Como Avenue
from Argyle Street to approximately 130 feet west of Argyle Street, the south side of
Como Avenue from North Chatsworth Street to Argyle Street, and the west side of
North Chatsworth Street from West Jessamine Avenue to Como. (File #S9461)
Mark Hubbard of 1150 Argyle Street asked whether there are any plans to have the
street reconstructed as he feels that it is more in need of repair than the sidewalk.
Councilmember Rettman indicated that street reconstruction will begin after completion
of the sewer separation projects.
In response to a question from Mr. Hubbard, Mr. Keefe indicated that the sidewalk
construction could include an integral curb and walk which could affect future paving.
Mr. Keefe requested that the item be laid over for one week while he meets with
residents and evaluates the construction.
Councilmember Rettman moved the item be laid over to July 13.
Roll Call Yeas - 7 Nays - 0
43. Final Order - 94-974 - In the matter of sidewalk reconstruction on the east side of North
Chatsworth Street from Hatch Avenue to Orchard Avenue at 1034 North Chatsworth
Street only and the west side of North Chatsworth Street from Hatch Avenue to
approaumately 150 feet north of Orchard Avenue at 989 Orchard Avenue only. (File
#S9462)
No one appeared in opposition.
Councilmember Rettman moved approval of the order.
Adopted Yeas - 7 Nays - 0
44. Final Order - 94-975 - In the matter of sidewalk reconstruction on the west side of
Galtier Street from Burgess Street to approximately 125 feet north of Burgess Street.
(File #S9463)
No one appeared in opposition.
Councilmember Rettman moved approval of the order.
Adopted Yeas - 7 Nays - 0
45. Final Order - 94-976 - In the matter of sidewalk reconstruction on both sides of Galtier
Street from Edmund Avenue to Thomas Avenue. (File #S9464)
No one appeared in opposition.
Councilmember Blakey moved approval of the order.
Adopted Yeas - 7 Nays - 0
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City Council Summary Minutes July 6, 1994
46. Final Order - 94-977 - In the matter of sidewalk reconstruction on both sides of West
Minnehaha Avenue from North Avon Street to North Victoria Street. (File #59465)
No one appeared in opposition.
Councilmember Blakey moved approval of the order.
Adopted Yeas - 7 Nays - 0
47. (discussed earlier in the meeting)
48. Final Order - 94-979 - In the matter of sidewalk reconstruction on both sides of West
Minnehaha Avenue from North Dunlap Street to North Griggs Street. (File #S9467)
No one appea.red in opposition.
Councilmember Blakey moved approval of the order.
Adopted Yeas - 7 Nays - 0
49. Fina1 Order - 94-980 - In the matter of sidewalk reconstruction on both sides of West
Minnehaha Avenue from North Grotto Street to North Avon Street. (File #S9468)
No one appeared in opposition.
Councilmember Blakey moved approval of the order.
Adopted Yeas - 7 Nays - 0
50. Final Order - 94-981 - In the matter of sidewalk reconstruction on the south side of West
Minnehaha Avenue from Kent Street to North Dale. (File #S9469)
No one appeared in opposition.
Councilmember Blakey moved approval of the order.
Adopted Yeas - 7 Nays - 0
51. Final Order - 94-982 - In the matter of sidewalk reconstruction on the south side of West
Minnehaha Avenue from Kent Street to approximately 160 feet east of Kent Street.
(File #59470)
No one appeared in opposition.
Councilmember Blakey moved approval of the order.
Adopted Yeas - 7 Nays - 0
52. Final Order - 94-983 - In the matter of sidewalk reconstruction on both sides of West
Minnehaha Avenue from North Le�ungton Parkway to North Dunlap. (File #59471)
No one appeared in opposition.
Councilmember Blakey moved approval of the order.
Adopted Yeas - 7 Nays - 0
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City Council Summary Minutes July 6, 1994
53. Final Order - 94-984 - In the matter of sidewalk reconstruction on both sides of West
Minnehaha Avenue from North Oxford Street to North Lexington Parkway. (File
#S9472)
No one appeaxed in opposition.
Councilmember Blakey moved approval of the order.
Adopted Yeas - 7 Nays - 0
54. Final Order - 94-985 - In the matter of sidewalk reconstruction on both sides of Van
Buren Avenue from Kent Street to North Dale Street. (File #S9473)
No one appeared in opposition.
Councilmember Blakey moved approval of the order.
Adopted Yeas - 7 Nays - 0
Councilmember Rettman publicly thanked individuals, groups, organizations, volunteers and
City departments whose hard work and superlative efforts made the recent Hmong Festival a
success.
Councilmember Blakey moved the meeting be adjourned.
Roll Call Yeas - 7 Nays - 0
ADJ URNED T :17 .M.
D vid Thune, ouncil President
ATTEST:
Minutes approved by Council
Nancy And n �v-a,.�..e.� �'�l . 1� °� L1
Assistant Council Secretary
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