Minutes 11-1-1995Page 1 of 7
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, November 1, 1995 - 3:30 PM
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
• Committee Reports
• Public Hearings
• Suspension Items
Present - 7 - Councilmembers - Blakey, Guerin, Grimm, Harris, Megard, Rettman, 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
City Council: Letter from the Office of the City Attorney anouncing a follow- up hearing to the
Emergency Closure hearing of October 16, 1995, before an Administrative Law Judge on November 6,
1995, 9:30 a.m., Room 41 City Hall, concerning adverse action against licenses held by Janice L. Bias,
dba Pyramid's Market, 600 Selby Avenue.
1. Approval of Minutes of August 2, 1995.
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Laid over to November 8 Yeas - 7 Nays - 0
2. Claims of Sue Bielinski, Susan Dimmick, and Douglas Seiffert.
Referred to the City Attorney's Office
3. Communication from Mary Jo Borden and John Costello regarding assessment of property for the
Bates /McClean Street Paving and Lighting Project.
Referred to the City Attorney's Office
4. Communication from Mohammed A. Alam appealing assessment for clean -up of property at 1267
Reany Avenue.
Referred to the City Attorney's Office
5. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
November 8, 1995, to consider the report of the Administrative Law Judge concerning adverse action
against licenses held by Drink, Inc., dba Pebble's B ar, 880 East Seventh Street.
6. Letter from the Office of the City Attorney announcing a rescheduled hearing before an
Administrative Law Judge on October 30, 1995, concerning adverse action against licenses held by The
Mao Family Corp, dba Wolter Brothers Pharmacy & Liquor, 438 Un iversity Avenue West.
7. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
November 15, 1995, to consider the report of the Administrative Law Judge concerning adverse action
against licenses held by C.L. Hinze, Inc., dba Chuc k's Bar, 901 Payne Avenue.
8. Letter from the Office of License, Inspections and Environmental Protection announcing a hearing
before the City Council on November 8, 1995, to consider the appeal of Donald Willenbring to a
decision of the Planning Commission to deny the site plan for developing 11 lots for single - family
houses at 587 South McKnight Road.
9. Letter from the Office of License, Inspections and Environmental Protection announcing a hearing
before an Administrative Law Judge on November 13, 1995, 9:30 a.m., Room 41 St. Paul City Hall, to
consider the application of Terrence J. Magill and Jef fret' Bearth (Capitol City Check Cashing), for a
Currency Exchange License at 477 Rice Street.
10. Letter from the Division of Public Health declaring 899 Johnson Parkway and 617 Stryker Avenue
as "nuisance properties ". (For notification purposes only; public hearings will be scheduled at a later
date if necessary.)
11. Communication from St. Paul Animal Control dated October 23, 1995, announcing a request from
the University of Minnesota Research Lab for unclaimed dogs and cats.
12. Administrative Orders:
. D00689 Deduction of $227,796 from the contract for Como Park Picnic Area Parking Lot.
Laid over to November 8 Yeas - 7 Nays - 0
. D00690 Amending the 1995 budget in the Office of Human Resources by moving dollars from
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the TQI budget into appropriate spending codes.
. D00691 Addition of $3,879 to the contract for Roof Replacement for the Public Health Center,
555 Cedar Street.
. D00692 Amending the 1995 budget in the Division of Parks and Recreation to reflect proper
accounting for building and equipment repairs.
. D00693 Amending the 1995 budget in the Division of Parks and Recreation to reflect proper
accounting for maintaining normal operations.
. D00694 Amending the 1990 budget of the Capital Improvement Program fund in the Division of
Parks and Recreation to reconcile project budget with project financing for the Japanese Garden
Restoration and Authentication.
. D00695 Amending the 1990 budget of the Capital Improvement Program fund in the Division of
Parks and Recreation to reconcile financing and spending for Mears Park Renovation.
. D00696 Amending the 1987 budget of the Capital Improvement Program fund in the Division of
Parks and Recreation to reconcile financing and spending for Levee Specific Design Work at
Harriet Island.
. D00697 Amending the 1993 budget of the Capital Improvement fund in the Division of Parks and
Recreation to reconcile LCMR funded project budgets with project financing for Como Park East
Lakeshore Reclamation and Como Park Tree Planting.
. D00698 Addition of $17,235 to the contract for Harriet Island Public Dock.
. D00699 Addition of $184 to the contract for Arcade & Case and Grand & Snelling Municipal
Parking Lots.
Noted as on file in the City Clerk's Office
13. Resolution - 95 -1308 - Approving the appointments of Russell J. Miller, Jr., Terry Day, and
Ferdinand Peters, and the reappointments of Ralph Currier, Paul Gilliland, Rich O'Connor, Triesta
Brown, Paul Savage, and Shawn Bartsh, by Mayor Coleman, to th e Capital Improvement Budget
Committee. (To be laid over one week for adoption)
Laid over to November 8 for adoption
14. Resolution - 95 -1309 - Approving the appointment of Kim Byron Bright, by Mayor Coleman, to the
Mayor's Advisory Committee for People with Disabilities. (To be laid over one week for adoption)
Laid over to November 8 for adoption
15. Resolution - 95 -1310 - Approving the appointment of Officer Michael O'Brien, by Mayor Coleman,
to the Police - Civilian Internal Affairs Commission. (To be laid over one week for adoption)
Laid over to November 8 for adoption
16. Resolution - 95 -1311 - Accepting $51,560 from the Anne E. Holahan Estate for improvement of
services at Como Zoo.
Adopted Yeas - 7 Nays - 0
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17. Resolution - 95 -1312 - Accepting a $20,000 donation from the General Mills Foundation to fund a
Como Park Artist's Residence at the Como Park Conservatory.
Adopted Yeas - 7 Nays - 0
18. Resolution - 95 -1313 - Authorizing use of retained earnings from City Hall Annex operations to
fund the buildout, cabling, furnishing and costs of moving Human Resources into the 4th and 5th floors
and expanding Parks and Recreation space on the 1 st a nd 2nd floors of the Annex.
Adopted Yeas - 7 Nays - 0
19. Resolution - 95 -1314 - Requesting release of funds from Council Specified Contingency to adapt
Saint Paul fire station restrooms to accommodate female firefighters.
Adopted Yeas - 7 Nays - 0
20. Resolution - 95 -1315 - Authorizing a short -term contract for water service between the Board of
Water Commissioners and the City of Maplewood.
Adopted Yeas - 7 Nays - 0
21. Resolution - 95 -1316 - Authorizing a contract for water service between the Board of Water
Commissioners and the City of Lauderdale.
Adopted Yeas - 7 Nays - 0
22. Resolution - 95 -1317 - Amending the 1995 Capital Improvement Program by increasing spending
and financing of the Como /Arona CSSP project by $50,000.
Adopted Yeas - 7 Nays - 0
23. Resolution - 95 -1318 - Authorizing the proper City officials to submit a grant application to the State
of Minnesota for $800,000 through the Contamination Cleanup Grant program.
Adopted Yeas - 7 Nays - 0
24. Preliminary Order - 95 -1319 - In the matter of improving the following streets and doing all other
work necessary to complete improvement for the Ivy /Birmingham Area Street Paving and Lighting
Project: Sherwood Avenue from Prosperity Avenue to Hazelwo od Street; Ivy Avenue from Clarence
Street to Prosperity Avenue; Etna Street from Ivy Avenue to the cul-
de -sac; Birmingham Street from Maryland Avenue to Arlington Avenue; Barclay Street from Prosperity
Avenue to Arlington Avenue; and Hazelwood Street from Clear Avenue to Prosperity Avenue, and
setting date of public hearing for January 10, 1996. (File 418 810)
Adopted Yeas - 7 Nays - 0
25. Preliminary Order - 95 -1320 - In the matter of construction and /or repair of sanitary sewer, storm
sewer and /or water service connections, if requested by the property owner, in conjunction with the
Ivy /Birmingham Area Street Paving and Lighting Proje ct, and setting date of public hearing for January
10, 1996. (File 418810 -Conn)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
26. Administrative Order:
. D00674 Amending the 1995 budget in the Division of Real Estate by transferring money to allow
for purchase of computer equipment. (Laid over from October 25)
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Noted as on file in the City Clerk's Office
27. Resolution - 95 -1279 - (Final Order) - In the matter of improvement to portions of the following
brick streets: Kenwood Parkway, Maiden Lane, and Virginia Street. (Amended and laid over from
October 25)
Laid over to November 8 Yeas - 7 Nays - 0
28. Resolution - 95 -1288 - Approving the Cultural STAR Board recommendations for Cycle 1, Cultural
STAR Program. (Laid over from October 25)
Adopted as amended Yeas - 7 Nays - 0
Attachment B, #516 -95 - Handicap Accessible Entrance - Laid over to November 8
29. Resolution - 95 -1283 - Establishing "No Parking 8 AM -8 PM, Monday- Friday Except by Permit" on
the west side of Cretin Avenue between Selby Avenue and Dayton Avenue. (Laid over from October
25)
Laid over to November 29 Yeas - 7 Nays - 0
ORDINANCES
30. Final Adoption - 95 -1213 - An ordinance designating the alley bounded by Cleveland Avenue to the
east, Ford Parkway to the south, Finn Street to the west and Pinehurst Avenue to the north as a one -way
alley (westbound).
Adopted Yeas - 7 Nays - 0
COMMITTEE REPORTS
31. Resolution - 95 -1171 - Electing to participate in the Local Housing Incentives Account Program
under the Metropolitan Livable Communities Act. (Community and Economic Development Committee
recommends approval of a substitute)
Substitute introduced and adopted Yeas - 7 Nays - 0
32. Resolution - 95 -1321 - Endorsing principles established for the Metropolitan Livability Act and
restating Saint Paul's housing goals for the Local Incentives Account Program of the Metropolitan
Livable Communities Act. (Community and Economic Development Committee recommends
approval)
Adopted Yeas - 7 Nays - 0
PUBLIC HEARINGS
33. Third Reading - 95 -1267 - An ordinance amending Section 92.06 of the Saint Paul Legislative Code
pertaining to plumbing permit fees of the Saint Paul Water Utility as approved by the Board of Water
Commissioners.
Laid over to November 8 for final adoption
34. Third Reading - 95 -1268 - An ordinance amending Chapter 318 of the Saint Paul Legislative Code
pertaining to Mechanical Amusement Devices; referring license fees to the license fee schedule. (City
Operations Committee recommends approval)
Laid over to November 8 for final adoption
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35. Third Reading - 95 -1269 - An ordinance amending Chapter 323 of the Saint Paul Legislative Code
pertaining to Christmas Tree Sales; referring license fees to the license fee schedule. (City Operations
Committee recommends approval)
Laid over to November 8 for final adoption
36. Third Reading - 95 -1270 - An ordinance amending Chapter 378 of the Saint Paul Legislative Code
pertaining to Bed and Breakfast Residences; referring license fees to the license fee schedule. (City
Operations Committee recommends approval)
Laid over to November 8 for final adoption
37. Third Reading - 95 -1271 - An ordinance amending Chapter 324 of the Saint Paul Legislative Code
pertaining to Cigarettes; modifying the duration of cigarette licenses. (City Operations Committee
recommends approval)
Laid over to November 8 for final adoption
38. Third Reading - 95 -1272 - An ordinance amending Chapter 167 of the Saint Paul Legislative Code
pertaining to commercial vehicle special parking permits, replacing plates and stickers with placards and
changing the duration of the permit. (City Operations Committee recommends approval)
Laid over to November 8 for final adoption
39. Third Reading - 95 -1280 - An ordinance amending Chapter 183 of the Saint Paul Legislative Code
relating to Human Rights by inserting clarifying language related to sexual harassment.
Substitute introduced and laid over to November 8 for final adoption
40. Resolution - 95 -1322 - Approving application for a Restaurant -
B, Entertainment -B, Sunday On Sale Liquor and Liquor On Sale -A License by WTC Management
Company, Inc., dba Heartthrob Cafe (Pat Daly), 30 8th Street East, Suite 200. (ID 423590)
Adopted Yeas - 7 Nays - 0
41. Resolution - 95 -1323 - Approving application for a Restaurant -
B, Entertainment -A, Liquor On Sale, Gambling -C and Sunday On Sale Liquor License by Whoopee,
Inc., dba Triviski's Bar (Tom Perkins), 173 Robert Street South. (ID 420885)
Adopted Yeas - 6 Nays - 0 (Blakey not present for vote)
42. Resolution - 95 -1324 - Approving application for a Wine On Sale and On Sale Malt (B beer)
License by MR EMS System, Inc., dba Embers Restaurants (Henry Kristal), 1758 Old Hudson Road.
(ID 412025)
Adopted Yeas - 6 Nays - 0 (Blakey not present for vote)
43. Resolution - 95 -1325 - Approving application for a Cabaret -
Class A License by Brewberry's Coffee Place, dba Brewberry's - The Coffee Place (Jan L. Nelson), 475
Fairview Avenue South. (ID 420587)
Adopted Yeas - 6 Nays - 0 (Blakey not present for vote)
44. Resolution - 94 -1577 - Ordering the owner(s) to remove or repair the building at 833 -835 Selby
Avenue within fifteen (15) days from adoption of resolution. (Laid over August 30)
Laid over to November 29 Yeas - 5 Nays - 0 (Guerin and Harris not present for vote)
45. Resolution - 95 -1326 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 1083 Conway Street and 842 East 5th Street. (Laid over
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from October 25)
Adopted as amended - 1083 Conway Street - Laid over to November 8 - Yeas - 6 Nays - 0 (Harris
not present for vote)
842 East 5th Street - Appeal denied Yeas - 6 Nays - 0 (Harris not present for vote)
46. Final Order In Condemnation Proceedings - 95 -1327 - In the matter of acquiring a permanent utility
easement for the Davern Outlet and Maynard /Stewart Sewer Projects.
(File 418688 -E3)
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
47. Public hearing to consider the appeal of Eugene Daly to a decision of the Board of Zoning Appeals
denying a request for a lot coverage variance to construct a carport addition to the existing garage at 903
Scheffer Avenue.
Appeal granted Yeas- 7 Nays - 0
48. Public hearing to consider recommendations of the Office of the City Attorney concerning adverse
action against licenses held by Don Nguyen and Duong Dai Phan's Cafe, dba Cafe Karaoke Do Thanh,
1275 University Avenue West.
Laid over to November 15 Yeas- 6 Nays - 0 (Grimm not present for vote)
Suspension Items
Resolution - 95 -1328 - Placing 1996 funding for Safe City Initiative into City Council Contingency.
Referred to the Finance and Budget Committee Yeas - 7 Nays - 0
Resolution - 95 -1329 - Requesting the City Council to place the entire 1996 budget for Re- engineering
Government into contingency and requesting the Innovations Advisory Board to report to the City
Council on specific innovations implemented prior to rele ase of funding.
Referred to the Finance and Budget Committee Yeas - 7 Nays - 0
Resolution - 95 -1330 - Requesting the City Council to place half of the 1996 budgets for the Fire
Communications Center and Police Emergency Communications Center into contingency and
instructing the Police and Fire Departments to develop a plan for the c onsolidation of the two
communications centers.
Referred to the Finance and Budget Committee Yeas - 7 Nays - 0
Resolution - 95 -1331 - Requesting the City Council to place 75% of the 1996 salaries for Citywide
Information Services into contingency and instructing the Finance and Management Department to
develop a comprehensive management plan for citywide informati on services by March 31, 1996.
Referred to the Finance and Budget Committee Yeas - 7 Nays - 0
Resolution - 95 -1332 - Transferring funding for 2.0 FTEs from the Housing and Information Office to
the Department of Planning and Economic Development to assist with the Mortgage Foreclosure
Program, and transferring the remainder of funding for the Hous ing and Information Office to City
Council Contingency.
Referred to the Finance and Budget Committee Yeas - 7 Nays - 0
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