Minutes 11-15-1995Page 1 of 8
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, November 15, 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
• Public Hearings
• Suspension Items
Present - 7 - Councilmembers Blakey, Grimm, Guerin, 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
1.Approval of minutes of August 9, 1995.
Laid over to November 22
2.Claims of Mark and Mary Berchem, Sheaya Brown, Tammy Helen Flint, David M. Levy Mary E.
Plante, Christine Wess, Timothy Wess, and Vivian Wood.
Referred to the City Attorney's Office
3.Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
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on November 21, 1995, 9:30 a.m., Room 41 City Hall, to consider adverse action against licenses held
by Rozenkranz Industries, Inc., dba Rosey's Coffeehouse, 613 Grand Avenue.
4.Letter from the Office of the City Attorney announcing a hearing before the City Council on
November 22, 1995, to consider the report of the Administrative Law Judge concerning adverse action
against licenses held by Jestpama, Inc., dba East Side Liquor Store, 1362 Maryland Avenue East.
5.Letter from the Office of the City Attorney announcing a hearing before the City Council on
November 22, 1995, to consider the report of the Administrative Law Judge concerning adverse action
against Taxicab Drivers license held by Stephen M. Schnichels.
6.Letter from the Division of Public Health declaring 160 Forbes Avenue as "nuisance property ". (For
notification purposes only; public hearing will be scheduled at a later date if necessary)
7.Communication from St. Paul Animal Control dated November 6, 1995, announcing a request from
the University of Minnesota Research Lab for unclaimed dogs and cats.
&Administrative Orders:
. D00710 Amending the 1995 budget in the City Council Offices to reflect proper accounting for
maintaining normal operations throughout the year.
. D00711 Addition of $1,289.80 to the contract for Frost Lake Play Area and Sitework.
. D00712 Addition of $2,664 to the contract for handicap elevator and wheelchair lift installations.
. D00713 Addition of $4,500 to the contract for handicap elevator and wheelchair lift installations
at Valley Recreation Center and lifts at North Dale and Duluth and Case Recreation Centers.
. D00714 Amending the 1995 budget in the Department of Planning and Economic
Development /Grants Management to correct a coding error.
. D00715 Amending the 1995 budget in the Division of Parks and Recreation to purchase data
processing hardware for the Design Section.
. D00716 Amending the 1995 budget in the Division of Parks and Recreation /Town Square Park
for plumbing, electrical and miscellaneous supplies.
. D00717 Amending the 1995 budget in the Division of Parks and Recreation /Watergate Marina
Special Fund.
. D00718 Amending the 1995 budget in the Department of Public Works by transferring spending
from materials budget to capital outlay budget in the Construction /Inspection activity of the
Engineering Fund.
. D00719 Addition of $35,493.34 to the contract for Street Lighting on Howell /Montreal CSSP.
. D00720 Addition of $325,167.80 to the contract for the addition to the Fuller Street Head Start
Facility.
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Noted as on file in the City Clerk's Office
9.Resolution - 95 -1333 - Approving the appointments, by Mayor Coleman, of Thomas Hueg to serve as
a public representative and Lewis Higgins, Jr. to serve as an Alternate Representative on the
Metropolitan Aircraft Sound Abatement Council. (Laid over from November 8 for adoption)
Adopted Yeas - 7 Nays - 0
IO.Resolution - 95 -1341 - Approving the appointment of Brennan Elliott Brooks, by Mayor Coleman, as
a Youth -At -Large member of the Youth Fund Board. (To be laid over one week for adoption)
Laid over to November 22 for adoption
1 l.Resolution - 95 -1342 - Approving the May 1, 1994 -April 30, 1995 Memorandum of Agreement
between the City of Saint Paul and the Bricklayers & Allied Craftsmen Local Union 1 of Minnesota. (To
be laid over one week for adoption)
Laid over to November 22 for adoption
12.Resolution - 95 -1343 - Approving the May 1, 1995 -April 30, 1998 Agreement between the City of
Saint Paul and the Bricklayers & Allied Craftsmen Local Union 1 of Minnesota. (To be laid over one
week for adoption)
Laid over to November 22 for adoption
13.Resolution - 95 -1344 - Approving the July 23, 1994 - September 30, 1996 Agreement between the
City of Saint Paul and the International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths,
Forgers and Helpers, Lodge 647. (To be laid over one week for adoption)
Laid over to November 22 for adoption
14.Resolution - 95 -1345 - Approving application for a currency exchange license by Thomas Potts, dba
International Currency Exchange, 981 Payne Avenue. (Public hearing held October 25, 1995)
Adopted Yeas - 7 Nays - 0
15.Resolution - 95 -1346 - Approving application for a currency exchange license by Check Express,
1532 University Avenue. (Public hearing held October 11, 1995)
Adopted Yeas - 7 Nays - 0
16.Resolution - 95 -1347 - Approving application for a currency exchange license by Gordon Peterson
III, dba Ramsey Financial, 577 University Avenue. (Public hearing held October 11, 1995)
Adopted Yeas - 7 Nays - 0
17.Resolution - 95 -1348 - Finalizing City Council action taken November 1, 1995, granting the appeal
of Eugene Daly for a lot coverage variance to construct a carport addition to the existing garage at 903
Scheffer Avenue.
Adopted Yeas - 7 Nays - 0
18.Resolution - 95 -1349 - Approving the canvass and declaring the official results of the City General
Election held Tuesday, November 7, 1995, in the City of Saint Paul for Councilmembers and School
Board Members.
Adopted Yeas - 7 Nays - 0
19.Resolution - 95 -1350 - Approving payment of $3,242.88 to Continental Casualty Company and Karla
Jo Melgaard in full settlement of their claim against the City of St. Paul.
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Adopted Yeas - 7 Nays - 0
20.Resolution - 95 -1351 - Establishing a budget to pay confiscated money to District Court for formal
distribution.
Adopted Yeas - 7 Nays - 0
21.Resolution - 95 -1352 - Authorizing the St. Paul Police Department to enter into an agreement with
Steven and Kevin Donatelle, operating as Koins for Kids, which will place candy vending machines in
selected businesses throughout St. Paul
Adopted Yeas - 7 Nays - 0
22.Resolution - 95 -1353 - Setting public hearing date for December 6, 1995 for the 1996 sanitary sewer
and storm sewer rates.
Adopted Yeas - 7 Nays - 0
23.Resolution - 95 -1354 - Requesting that a railroad grade crossing to serve the Crosby Lake Business
Park be established.
Adopted Yeas - 7 Nays - 0
24.Resolution - 95 -1355 - Approving the release of sewer easement in vacated Acker Street from 25 feet
east of the east line of vacated Park Street to 365 feet east of said east line of vacated Park Street.
Adopted Yeas - 7 Nays - 0
25.Resolution - 95 -1356 - Accepting the dedication of a right -of-
way easement to relocate Thompson Avenue and to direct the proper City officials to file the right -of-
way conveyance in the Office of the County Recorder.
Adopted Yeas - 7 Nays - 0
26.Preliminary Order- 95 -1357 - In the matter of improving the following streets for the Fourth /Howard
Area Street Paving and Lighting Project: East Fourth Street from Ruth Street to McKnight Road;
Fremont Avenue from Ruth Street to Howard Street; Pedersen Street from East Third Street to East Fifth
Street; Howard Street from East Third Street to East Fifth Street; and Winthrop Street from East Fourth
Street to East Fifth Street, and setting date of public hearing for January 10, 1996. (File 418812)
Adopted Yeas - 7 Nays - 0
27.Preliminary Order - 95 -1358 - 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
Fourth /Howard Area Street Paving and Lighting Project, and setting date of public hearing for January
10, 1996. (File 418812 -Conn)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
28.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 the Capital Improvement Budget
Committee. (Laid over from November 8)
Laid over to November 22 Yeas - 7 Nays - 0
29.Administrative Order:
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D00689Deduction of $227,796 from the contract for Como Park Picnic Area Parking Lot. (Laid over
from November 8)
Laid over to November 22 Yeas - 7 Nays - 0
30.Resolution - 95 -1359 - Adopting the Phalen Village Small Area Plan as an amendment to the
Comprehensive Plan. Please note: This resolution will be laid over to correspond with the public hearing
process, as follows: on November 15, 1995, there will be a presentation of the Phalen Village Small
Area Plan by City staff. Public testimony will be taken at the Third Reading of the Ordinance proposing
zoning changes, scheduled for the November 29, 1995, City Council Meeting.
Laid over to November 29 Yeas - 6 Nays - 0 (Harris not present for vote)
ORDINANCES
31.Second Reading - 95 -1338 - An ordinance to repeal Chapter 326 of the Saint Paul Legislative Code
relating to licensing building contractors effective March 31, 1996.
Laid over to November 22 for third reading /public hearing
32.First Reading - 95 -1360 - An ordinance amending Chapter 189 of the St. Paul Legislative Code
relating to Truth -in -Sale of Housing.
Laid over to November 22 for second reading
33.First Reading - 95 -1361 - An ordinance adopting zoning code amendments related to the Phalen
Village Small Area Plan and 40 -Acre Study. (Please note: On November 15, 1995, there will be a
presentation of the Phalen Village Small Area Plan by City staff. Public testimony will be taken at the
Third Reading of the Ordinance, scheduled for the November 29, 1995, City Council Meeting.)
Laid over to November 22 for second reading
PUBLIC HEARINGS
34.Resolution - 95 -1362 - Approving application for an Auto Repair Garage License by M & J Auto
Repair, 440 Prior Avenue North. (ID 413297)
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
35.Resolution - 95 -1363 - Approving application for a State Class B Gambling Premise Permit by IHM-
St. Luke's School at The Spot Bar, 859 Randolph Avenue. (ID 4 pending)
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
36.Resolution - 95 -1364 - Approving application for a Gambling Manager's License by IHM -St. Luke's
School at The Spot Bar, 859 Randolph Avenue. (ID 440893)
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
37.Resolution - 95 -1035 - Authorizing street maintenance for 1996 at basically the same level as 1995.
(Laid over from August 30)
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
38.1 Order - 95 -1365 - In the matter of constructing concrete curb and gutter, new bituminous
surfaced roadway, concrete driveway aprons, boulevard sodding, tree planting, water and sewer service
connections and reconnections, sanitary sewer repairs, and a lantern style lighting system in the area
called Hatch /Park RSP (Area 35) bounded by Sycamore, Maryland, Rice and Jackson. (File 418799)
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Adopted Yeas - 6 Nays - 0 (Guerin not present for vote)
39.1 Order - 95 -1366 - 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 Hatch /Park
Area Street Paving and Lighting Project. (File 418799 -Conn)
Adopted Yeas - 6 Nays - 0 (Guerin not present for vote)
40.Resolution - 95 -1367 - Authorizing the vacation of a portion of Russell Street lying south of a line
extending east from the north line Lot 19, Block 2, Auditor's Sub. No. 7.
Adopted Yeas - 7 Nays - 0
41.Resolution - 95 -1368 - Approving the decision of the Legislative Hearing Officer on Proper Code
Enforcement Appeals for property located at 328 Lexington Parkway North; 1576 Woodbridge Street;
2650 University Avenue; 476 Curtice Street East; and 867 Ocean Street.
Adopted as amended Yeas - 7 Nays - 0
42.Resolution - 95 -1369 - Order the owner(s) to remove or repair
the buildings at 720 -722 Aurora Avenue within fifteen (15) days from adoption of resolution.
(Legislative Hearing Officer recommends allowing six months to rehabilitate the building contingent on
posting appropriate bonds, payment of the vacant building registration fee, and a code compliance
inspection by the November 15, 1995, City Council meeting)
Adopted (remove or repair within 15 days) Yeas - 7 Nays - 0
43.Resolution - 95 -1370 - Order the owner(s) to remove or repair the building at 916 Minnehaha
Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Adopted as amended (owner allowed six months to remove or repair)
Yeas - 7 Nays - 0
44.Resolution - 95 -1371 - Order the owner(s) to remove or repair the building at 767 Sixth Street East
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends allowing
six months to restore the building contingent on posting appropriate bonds, payment of the vacant
building registration fee, and a code compliance inspection by the November 15, 1995, City Council
meeting)
Adopted (remove or repair within 15 days)
Yeas - 7 Nays - 0
45.Resolution - 95 -1372 - Order the owner(s) to remove or repair the building at 595 Thomas Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends allowing
six months to rehabilitate the building contingent on posting appropriate bonds and a code compliance
inspection by the November 15, 1995, City Council meeting)
Adopted (remove or repair within 15 days) Yeas - 7 Nays - 0
46.Resolution - 95 -1373 - Order the owner(s) to remove or repair the building at 84 Winnipeg Avenue
within fifteen (15) five (5) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted as amended Yeas - 7 Nays - 0
47.Appeal of Eugene and Evelyn Bohn to a Summary Abatement Order for property at 867 Ocean
Street. (Legislative Hearing Officer recommends denying the appeal but allowing the owner four months
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to bring the property into compliance. An inspection is to be made by staff in 60 days to insure that
progress is being made.)
Appeal denied (per recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
48.Appeal of James Benick to a Summary Abatement Order for property at 1381 Reaney Avenue.
(Legislative Hearing Officer recommends denying the appeal)
Appeal denied Yeas - 7 Nays - 0
49.Appeal of Stuart Corporation to a Summary Abatement Order for property at Vacant Lot Snelling
Outlots PIN 212823140022. (Legislative Hearing Officer recommends denying the appeal)
Appeal denied Yeas - 7 Nays - 0
50.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 from November 1)
Referred to an Administrative Law Judge Yeas - 7 Nays - 0
51.Public hearing to consider the report of the Administrative Law Judge concerning adverse action
against licenses held by C.L. Hinze, Inc., dba Chuck's Bar, 901 Payne Avenue.
Accepted Findings of Fact of the Administrative Law Judge and recommendation of the Office of
License, Inspections, and Environmental Protection (License Revoked) Yeas - 7 Nays - 0
MISCELLANEOUS
52.Presentation to the Division of Parks and Recreation of an Outstanding Programming Award for
1995 from the Minnesota Parks and Recreation Association (MRPA) for the Lake Phalen Aquatics
Canoe Day Camp Program.
53.Recognition of retiring City employees.
Suspension Items
Resolution - 95 -1374 - Recognizing Jerry Segal, Assistant City Attorney, on his retirement from the City
of Saint Paul.
Adopted Yeas - 7 Nays - 0
Resolution - 95 -1375 - Finalizing City Council action taken November 8, 1995, denying the appeal of
Donald Willenbring to a decision of the Planning Commission to deny the site plan for developing
eleven lots for single - family houses at 587 McKnight Road South.
Adopted Yeas - 7 Nays - 0
Resolution - 95 -1376 - Finalizing City Council action taken November 8, 1995, denying the appeal of
Donald Willenbring for a combined preliminary and final plat for an eleven -lot subdivision at 587
McKnight Road South.
Adopted Yeas - 7 Nays - 0
Resolution - 95 -1377 - Requesting SCORE state recycling grant funds from Ramsey County in the
amount of $551,248 for support of the citywide curbside and multi - family recycling collection programs
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in 1996.
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
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