Minutes 5-10-1995Page 1 of 9
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, May 10, 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 - 6 - Councilmembers Blakey, Guerin, Harris, Megard, Rettman, Thune
Absent - 1 - Grimm (arrived shortly after roll call)
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 March 22, 1995, meeting.
Adopted Yeas- 7 Nays - 0
2. Claims of Nathaniel Black, Jr., Lempi Elizabeth Miller, Patricia A. Zook, Gary Bryant -Wolf (for
Ronald L. Briggs), Gary Bryant -Wolf (for Virgil Davis)
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Referred to the City Attorney's Office
3. Summons and Complaint in the matter of Ken Rentfrow and Ruby Rentfrow vs. the City of Saint
Paul.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of John Wildman and Susan Wildman vs. the City of Saint
Paul.
Referred to the City Attorney's Office
5. Order to Show Cause in the matter of the petition of Michael E. Hall and Kelly M. Hall in relation to
Certificate of Title No. 373238 issued for land described as Lot 4; the North 10 feet of the west 57 feet
of Lot 5; all in Block 1, St. Pierre and Lawton's Addition to St. Paul.
Referred to the City Attorney's Office
6. Letter from the Office of the City Attorney announcing date of hearing before an Administrative Law
Judge on May 22 -23, 1995, 9:00 a.m. -4:30 p.m., Room 41 (Monday), Room 42 (Tuesday), Lower Level,
City Hall and Courthouse, 15 West Kellogg Boulevard, concerning application for an off -sale
intoxicating liquor license by S Corporation, dba Family Liquor, 531 Rice Street.
7. Letter from the Office of the City Attorney announcing date of hearing before the City Council for
May 24, 1995, concerning adverse action against licenses held by Lamplighter Lounge, 160 Larpenteur
Avenue West. (Uncontested) (Hearing date of May 17 listed in error on May 3 agenda)
8. Letter from the Office of the City Attorney announcing date of hearing before the City Council for
May 24, 1995, concerning adverse action against licenses held by Hans Corporation, dba North End
Liquors, 925 -51 Rice Street. (Uncontested)
9. Letter from the Office of the City Attorney announcing date of hearing before the City Council for
May 24, 1995, concerning adverse action against licenses held by Jimbee Corporation, dba Mike's Bar,
326 Grove Street. (Uncontested)
10. Letter from the Office of the City Attorney announcing date of hearing before the City Council for
May 24, 1995, concerning adverse action against licenses held by Liquor City, Inc., dba Liquor City,
560 Como Avenue. (Uncontested)
11. Letter from the Office of License, Inspections, and Environmental Protection announcing date of
hearing before the City Council for May 24, 1995, concerning the appeal of Bruce Bolander c/o
Bolander and Sons Inc. to a decision of the Board of Zoning Appeals affirming the Zoning
Administrator's determination that Shafer Company's concrete crushing facility at 704 Mississippi Street
meets the provision of the zoning ordinance for a legal nonconforming use and may continue to operate
at this location.
12. Letter from the Division of Pubic Health declaring 971 Saint Anthony Avenue as "nuisance
property ". (For notification purposes only; public hearing will be scheduled at a later date if necessary)
13. Communication from St. Paul Animal Control dated May 2, 1995, announcing a request from the
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University of Minnesota Research Lab for unclaimed dogs and cats.
14. Administrative Orders:
. D00529 Authorizing the Department of PED to use funds from PED Operations Fund in the
amount of $15,000 for membership with Metro East Development Partnership for the period April
1, 1995 to April 1, 1996.
. D00530 Amending the 1995 budget in the Division of Parks and Recreation /Special Services
Fund for the purchase of radio telephones and office supplies.
. D00531 Addition of $14,009 to the contract for Interior Remodeling for Women's Locker Room
and Handicap Accessibility at the Traffic Operations Building 899 North Dale Street.
. D00532 Addition of $23,400 to the contract for Municipal Stadium Phase II Addition.
. D00533 Addition of $72,321.57 to the contract for University /Mississippi CSSP.
. D00534 Amending the 1995 budget in the Division of Parks and Recreation /General Fund to
reflect proper accounting for the purchase of computer software and janitorial supplies.
. D00535 Amending the 1995 budget in the Division of Parks and Recreation /Japanese Garden
Fund to allow for partial refund of wedding rental fee deposits after reservations have been
canceled.
Noted as on file in the City Clerk's Office
15. Resolution - 95 -458 - Approving the reappointments of Bill Pulkrabek, Kathleen Schwarten, Wayne
Wittman, and Michael Zeledon, and the appointments of Martha Engstrom, Linda Lattin, Kari Olson,
Janet Schneider, Ken Shearer, George Stemig, and Lynn Megan, by Mayor Coleman, to the Mayor's
Advisory Committee for People with Disabilities. (To be laid over one week for adoption)
Laid over to May 17 for adoption
16. Resolution - 95 -459 - Approving the appointment of Darlene Cobian, by Mayor Coleman, to the
Advisory Committee on Aging. (To be laid over one week for adoption)
Laid over to May 17 for adoption
17. Resolution - 95 -460 - Approving the reappointments of Paul St. Martin, Ed Olsen, Allen Torstenson,
Robert Mayer, and Richard Newmark, and the appointment of Debra McKinley, by Mayor Coleman, to
the Saint Paul Bicycle Advisory Board. (To be laid over one week for adoption)
Laid over to May 17 for adoption
18. Resolution - 95 -461 - Approving the reappointments of John Loban and Mike Zipko, and the
appointment of Robert Morgan, by Mayor Coleman, to the Saint Paul Cable Access Board of Directors.
(To be laid over one week for adoption)
Laid over to May 17 for adoption
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19. Resolution - 95 -462 - Approving the reappointments of Terrence Huntrods and Phil Ravitzky, and
the appointment of Karen Skwira, by Mayor Coleman, to the Saint Paul Parks and Recreation
Commission. (To be laid over one week for adoption)
Laid over to May 17 for adoption
20. Resolution - 95 -463 - Supporting the Smoke Free 2000s Tobacco Tax Initiative.
Adopted Yeas - 7 Nays - 0
21. Resolution - 95 -464 - Authorizing the Saint Paul Human Rights Department to retain the services of
Martha Ballou, Attorney at Law, at the rate of $50.00 per hour for services as law officer relative to the
complaint of Janis Rios v. Parish's Supper Club.
Adopted Yeas - 7 Nays - 0
22. Resolution - 95 -465 - Amending the 1995 Budget in the Office of License, Inspections and
Environmental Protection (LISP) by adding $5,500 to the Financing and Spending Plans to return to the
City of West Saint Paul 10% of the fees collected for providing permits and performing inspections of
mechanical code installations.
Adopted Yeas - 7 Nays - 0
23. Resolution Approving Assessment - 95 -466 - In the matter of sidewalk reconstruction on the south
side of Larry Ho Drive from South Winthrop Street to Michael Street; sidewalk reconstruction on both
sides of Mitchell Avenue from South Winthrop Street to Michael Street; sidewalk construction (new)
and /or reconstruction on both sides of Euclid Street from Wilson Avenue to Germain Street; and
sidewalk construction (new) on the east side of North Howard Street from East Third Street to Fremont
Avenue, and setting date of public hearing for June 28, 1995. (File 459407, 59408, 59417, 59418)
Adopted Yeas - 7 Nays - 0
24. Resolution Approving Assessment - 95 -467 - In the matter of sidewalk reconstruction with integral
curb on the west side of Cedar Street from East Exchange Street to East Tenth Street; construction (new)
and /or reconstruction on the west side of Bay Street from Tuscarora Avenue to Forster Street, and the
east side of Bay Street from Tuscarora Avenue to Stewart Avenue; sidewalk reconstruction on both
sides of Bayard Avenue from Bay Street to Canton Street; sidewalk reconstruction on both sides of
Lawton Street from Summit Avenue to Grand Hill, and the north side of Summit Court from Lawton
Street to 27 Summit Court, and setting date of public hearing for June 28, 1995. (File 459414, 59421,
59422, 59423)
Adopted Yeas - 7 Nays - 0
25. Resolution Approving Assessment - 95 -468 - In the matter of sidewalk reconstruction on both sides
of Burgess Street from Galtier Street to Farrington Street, and setting date of public hearing for June 28,
1995. (File 459415)
Adopted Yeas - 7 Nays - 0
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DISCUSSION
26. Resolution - 95 -420 - Finalizing City Council action taken on April 19, 1995, approving
the appeal of the Housing and Redevelopment Authority of Saint Paul to a decision of the Heritage
Preservation Commission to deny approval of a demolition permit for the structure located at 669 East
Third Street in the Dayton's Bluff Heritage Preservation District. (Laid over from April 26)
Adopted as amended Yeas - 4 Nays - 3 (Guerin, Harris, Rettman)
(Affirming the decision of the Heritage Preservation Commission (HPC) and denying the
demolition permit)
27. Resolution - 95 -416 - Authorizing the Division of Parks and Recreation Administration to prepare a
new lease agreement with Neighborhood House, Inc. for management of the Community Center at 179
East Robie Street. (Laid over from May 3)
Laid over indefinitely Yeas - 6 Nays - 0 (Guerin not present for vote)
28. Resolution - 95 -432 - Approving application for an Off Sale Liquor License by K S Liquor Store
(Kou B. Vang), 365 West University Avenue. (ID 480917) (Laid over from May 3; public hearings held
April 26 & May 3)
Withdrawn
ORDINANCES
29. Final Adoption - 95 -392 - An ordinance imposing a moratorium within the City of Saint Paul on the
location or transfer of off -sale liquor establishments pending the completion of studies of possible
amendments to the City's Comprehensive Plan and Regulatory Ordinances.
(Amended and laid over from May 3)
Adopted as amended Yeas - 7 Nays - 0
30. Final Adoption - 95 -1610 - An ordinance to permit the City Council to waive the 45 -day notice
requirement for hearings on the issuance of liquor licenses in cases of hardship.
Laid over to May 24 for final adoption Yeas - 7 Nays - 0
31. Final Adoption - 95 -406 - An ordinance amending Chapter 34 of the Legislative Code relating to
Minimum Property Maintenance Standards for all Structures and Premises Ordinance.
Adopted Yeas - 7 Nays - 0
32. First Reading - 95 -469 - An ordinance specifying the cable television services to be provided to the
City Council and establishing that the Finance Director shall be responsible for ensuring that these
services are provided.
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Laid over to May 17 for second reading
33. First Reading - 95 -470 - An ordinance amending Chapter 200 of the Saint Paul Legislative Code in
order to incorporate definitions from Minnesota Statue 347.50 regarding dangerous animals; to
strengthen administrative enforcement powers, and to establish detailed procedures for dealings with
dangerous animals.
Laid over to May 17 for second reading
34. First Reading - 95 -471 - An ordinance amending interim ordinance C.F. No. 93 -279 pertaining to
Zoning, defining adult bookstore and adult material.
Laid over to May 17 for second reading
35. First Reading - 95 -472 - An ordinance amending Sections 60.218, 60.512 and 60.522 of the Saint
Paul Legislative Code pertaining to Zoning.
Laid over to May 17 for second reading
36. First Reading - 95 -473 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code
pertaining to Uniform License Procedures.
Laid over to May 17 for second reading
37. First Reading - 95 -474 - An ordinance amending Chapter 424.05 of the Saint Paul Legislative Code
pertaining to Gasoline Stations; prohibiting the transfer of license.
Laid over to May 17 for second reading
38. First Reading - 95 -475 - An ordinance amending Section 354.03(d) of the Saint Paul Legislative
Code pertaining to Sanitary Disposal; providing that licenses shall not be transferable.
Laid over to May 17 for second reading
39. First Reading - 95 -476 - An ordinance amending Section 326.07(e) of the Saint Paul Legislative
Code pertaining to Building Contractors; providing that licenses may not be transferred.
Laid over to May 17 for second reading
40. First Reading - 95 -477 - An ordinance amending Sections 376.07, 376.11 (c), and repealing section
376.13 of the Legislative Code pertaining to Taxicabs; providing that licenses may not be transferred.
Laid over to May 17 for second reading
41. First Reading - 95 -478 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code
pertaining to Intoxicating Liquor; providing that licenses shall not be transferable.
Laid over to May 17 for second reading
42. First Reading - 95 -479 - An ordinance amending Chapter 410 of the Saint Paul Legislative Code
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pertaining to Non - Intoxicating Malt Liquor; prohibiting the transfer of licenses.
Laid over to May 17 for second reading
43. First Reading - 95 -480 - An ordinance finalizing City Council approval of a petition of HealthEast to
rezone property located at 1412 Maryland Avenue East from RM -2 to B -2. (Public hearing held April
19, 1995)
Laid over to May 17 for second reading
PUBLIC HEARINGS
44. Resolution - 95 -481 - Ordering the owner(s) to remove or repair the building located at 882 Clark
Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 7 Nays - 0
45. Resolution - 95 -482 - Ordering the owner(s) to remove or repair the building located at 764
Jessamine Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer recommends a six -month extension contingent on posting appropriate bonds by the May 10 City
Council meeting)
Adopted as amended per recommendation of the Legislative Hearing Officer
Yeas - 6 Nays - 0 (Guerin not present for vote)
46. Resolution - 95 -483 - Ordering the owner(s) to remove or repair the building located at 1058 Matilda
Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Laid over to May 24 Yeas - 6 Nays - 0 (Blakey not present for vote)
47. Resolution - 95 -484 - Ordering the owner(s) to remove or repair the building located at 1186 East
Seventh Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Adopted as amended Yeas - 6 Nays - 0 (Blakey not present for vote)
(Owner allowed 30 days to demolish building)
48. Resolution - 95 -485 - Ordering the owner(s) to remove or repair the building located at 87 Winnipeg
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends a
six -month extension contingent on closing on the sale of the property, posting appropriate bonds, and
code compliance inspection by the May 10 City Council meeting)
Laid over to May 17 Yeas - 6 Nays - 0 (Guerin not present for vote)
49. Appeal of Marlin Schienbein to the Summary Abatement Order regarding property at 331 Morton
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Street East. (Legislative Hearing Officer recommends denial)
Appeal denied Yeas - 7 Nays - 0
50. Final Order - 95 -486 - In the matter of sidewalk construction (new) on both sides of South Albert
Street from Randolph Avenue to Highland Parkway. (File 4595030)
Adopted Yeas - 5 Nays - 0 (Grimm & Rettman not present for vote)
51. Resolution Ratifying and Confirming Condemnation and Awards of Damages and Assessment
(Amended) - 95 -487 - In the matter of condemning and taking a permanent utility easement for storm
sewer purposes in connection with the Davern /Edgcumbe Area Sewer Separation Project. (File
418748E)
Adopted Yeas - 7 Nays - 0
52. Resolution Ratifying and Confirming Condemnation and Awards of Damages and Assessment - 95-
488 - In the matter of condemning and taking a permanent utility easement for the Bates/McLean Area
Sewer Separation project, and setting date of public hearing for May 10, 1995. (File 418762E1)
Adopted Yeas - 6 Nays - 0 (Councilmember Grimm not present for vote)
53. Resolution Ratifying and Confirming Condemnation and Awards of Damages and Assessment - 95-
489 - In the matter of condemning and taking a temporary easement for the construction of the
Seventh /Cedar Area Combined Sewer Separation Project. (File 418765E)
Adopted Yeas - 6 Nays - 0 (Councilmember Grimm not present for vote)
54. Resolution Ratifying and Confirming Condemnation and Awards of Damages and Assessment
(Amended) - 95 -490 - In the matter of condemning and taking a temporary easement in connection with
the Como /Arona Sewer Separation and Street Paving Project. (File 418767E1)
Adopted Yeas - 6 Nays - 0 (Councilmember Grimm not present for vote)
55. Resolution Ratifying and Confirming Condemnation and Awards of Damages and Assessment - 95-
491 - In the matter of condemning and taking a permanent easement for public right-
of -way purposes near Prosperity Avenue and Rose Avenue. (File 418779 -E)
Adopted Yeas - 5 Nays - 0 (Councilmembers Grimm & Harris not present for vote)
56. Resolution - 95 -492 - Authorizing the submission of application to the Minnesota Department of
Trade and Economic Development for $500,000 from the Economic Recovery Fund Program for the
Merrill Corporation project.
Adopted Yeas - 5 Nays -1 (Guerin) (Harris not present for vote)
Suspension Items
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Resolution - 95 -493 - Supporting life and safety sprinkler retrofit bill at State Legislature. (Originated
and amended in Intergovernmental Relations Committee)
Adopted Yeas - 7 Nays - 0
Resolution - 95 -494 - Requesting that the Planning Commission's Downtown Urban Design Plan Task
Force review and comment on any skyway design issues that come before the City Council.
Laid over to May 17 Yeas - 6 Nays - 0 (Harris not present for vote)
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