Minutes 8-23-1995Page 1 of 7
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, August 23, 1995 - 3:30 PNI
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
• Commitee Reports
• Suspension Items
Present - 6 - Councilmembers Blakey, Grimm, Harris, Megard, Rettman, Thune
Absent - 1 - Councilmember Guerin (Excused)
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 June 14 and June 21, 1995.
Adopted Yeas - 6 Nays - 0
2. Claims of Mark J. Kohout, Debra J. Longen, Gerald Lorentz, Steven R. Rutzick & Associates (for
John Guckin and Kathy Cich), and Daniel Wonde.
Referred to the City Attorney's Office
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3. Summons and Complaint in the matter of Deann Rose vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
4. Order to Show Cause and Temporary Restraining Order, and Notice of Motion and Motion, and
Summons and Complaint in the matter of John Edward Lorenz II vs. the City of St. Paul.
Referred to the City Attorney's Office
5. Letter from the Office of the City Attorney announcing date of hearing before the City Council on
August 30, 1995, to consider the report of the Administrative Law Judge concerning adverse action
against licenses held by JB1 Enterprises, Inc., dba Peppe rcorn's, 1178 Arcade Street.
6. Letter from the Department of Planning and Economic Development announcing date of public
hearing before the City Council on September 6, 1995, to consider the appeal of University United,
Hamline- Midway Coalition, and Snelling- Hamline Council to a de cision of the Planning Commission
granting a sign variance to allow a new projecting sign for Big Wheel Rossi at 1469 University Avenue.
7. Letter from the Office of License, Inspections, and Environmental Protection rescheduling date of
public hearing before the City Council from August 23, 1995, to September 13, 1995, to consider the
application of Donald Willenbring for a combined prel iminary and final plat for an eleven -lot
subdivision at 587 McKnight Road South.
8. Letters from the Office of License, Inspections and Environmental Protection announcing date of
public hearing before the City Council on August 30, 1995 to consider the application of Minnesota
Dance Alliance for a sound level variance for music and dance groups to be held at the College of St.
Catherine on September 2 -4, 1995, from 12 noon to 9:30 p.m.
9. Letters from the Division of Public Health declaring 905 Kennard Street and 253 Lafond Avenue as
"nuisance properties ". (For notification purposes only; public hearings will be scheduled at a later date if
necessary.)
10. Communication from St. Paul Animal Control dated August 14, 1995, announcing a request from
the University of Minnesota Research Lab for unclaimed dogs and cats.
11. Administrative Orders:
. D00615 Amending the 1995 budget in the Office of Human Resources by transferring dollars
from intern salaries to purchase a new fax machine.
. D00616 Addition of $97,951 to the contract for Saint Paul Civic Center Expansion, CP -3
Temporary Facilities.
. D00617 Addition of $11,303.50 to the contract for Saint Paul Civic Center Expansion, CP -3
Temporary Facilities.
. D00618 Addition of $28,810.80 to the contract for Saint Paul Civic Center Expansion, CP -I
Demolition, Excavation & Bridge Construction.
Noted as on file in the City Clerk's Office
12. Resolution - 95 -952 - Approving the appointment, by Mayor Coleman, of Kunle Oyeyemi to the
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Hubert H. Humphrey Job Corps Center Neighborhood Advisory Committee. (Laid over from August 16
for adoption)
Adopted Yeas - 6 Nays - 0
13. Resolution - 95 -996 - Approving the appointments of Audrey Roedl and Jamie Warndahl, by Mayor
Coleman, to the Advisory Committee on Aging. (To be laid over one week for adoption)
Laid over to August 30 for adoption Yeas - 6 Nays - 0
14. Resolution - 95 -997 - Approving the appointments of Lindy Thomas Monson, Charles Maloney, and
Nancy Hendrickson, by Mayor Coleman, to the Saint Paul Private Industry Council. (To be laid over
one week for adoption)
Laid over to August 30 for adoption Yeas - 6 Nays - 0
15. Resolution - 95 -998 - Approving the acceptance of gifts donated by various businesses for drawings
in conjunction with the City's Combined Campaign for charitable giving.
Adopted Yeas - 6 Nays - 0
16. Resolution - 95 -999 - Releasing $337,000 from specified contingency for construction of the
Children's Downtown Outdoor Play Area, and authorizing City lease of the play area site from the
Housing and Redevelopment Authority.
Adopted Yeas - 6 Nays - 0
17. Resolution - 95 -1000 - Finalizing City Council action taken on August 16, 1995, approving the
Registered Land Survey for Seedburo Equipment Company to allow the sale of a vacant portion of
property.
Adopted Yeas - 6 Nays - 0
18. Resolution - 95 -1001 - Finalizing City Council action taken on August 16, 1995, concerning adverse
action against licenses held by George H. L'Heureux, dba George's Selby Auto Repair, 880 Selby
Avenue.
Adopted Yeas - 6 Nays - 0
19. Resolution - 95 -1002 - Approving Minnesota Department of Transportation Plans for a bicycle trail
from Arlington Avenue and 35E to Cayuga Street and 35E.
Adopted Yeas - 6 Nays - 0
20. Resolution - 95 -1003 - Accepting a grant in the amount of $122,649 and approving the budget for
expansion of Ramsey Action Programs child development facility at 586 Fuller Avenue.
Adopted Yeas - 6 Nays - 0
21. Resolution - 95 -1004 - Amending the 1992 -93 Capital Improvement Program by transferring
spending and financing from the University /Lexington signal project and adding County Aid and
MnDOT funding to the University -Prior to Eustis signal project.
Adopted Yeas - 6 Nays - 0
22. Resolution - 95 -1005 - Amending the 1994 Capital Improvement Program by transferring spending
and financing from the White Bear Traffic Improvement, Mounds Boulevard, St. Paul Avenue, and
Major Sewer Repair projects, and adding Water Utility and Assess meat financing to the Hoyt Avenue
Reconstruction project.
Adopted Yeas - 6 Nays - 0
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23. Resolution Approving Assessment - 95 -1006 - In the matter of operation and maintenance services
for the skyway bridge and concourse associated with the Saint Paul Athletic Club building at 340 Cedar
Street, and setting date of public hearing for Octobe r 11, 1995. (File 418706 -1)
Adopted Yeas - 6 Nays - 0
24. Resolution Approving Assessment - 95 -1007 - In the matter of condemnation and taking of slope
easements near Prosperity, Rose and Maryland Avenues to be known as the Prosperity Avenue
Realignment Slope Easements, and setting date of public hearing for September 27, 1995. (File 418779 -
S)
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
25. Administrative Order:
D00606 Amending the 1995 HRA Budget by $48,000 for professional services to implement loan
workouts. (Laid over from August 16)
Laid over to September 13 Yeas - 6 Nays - 0
26. Resolution - 95 -1008 - Giving final approval to the execution of documents necessary to the
acquisition and renovation of the Town Square Hotel facility and approving the issuance of tax - exempt
revenue bonds by the Port Authority for such projects.
Adopted Yeas - 4 Nays - 2 (Blakey, Harris)
ORDINANCES
27. Final Adoption - 95 -872 - An ordinance enacted pursuant to Section 17.17.1 of the Charter of the
City of Saint Paul and Section 409.20 of the Saint Paul Legislative Code by creating an additional
commercial development district at 249 West 7th Street b etween Walnut and Chestnut Streets.
(Substitute introduced August 2)
Substitute introduced August 2 adopted Yeas - 6 Nays - 0
28. Second Reading - 95 -971 - An ordinance to permit the sale of pulltabs from a movable cart during
the conduct of bingo games.
Laid over to August 30 for third reading /public hearing
COMMITTEE REPORTS
29. Resolution - 95 -827 - Accepting Council Research Report titled "Community -Based Crime
Prevention in Saint Paul" (Referred to City Operations Committee July 26, 1995; City Operations
Committee accepted the report )
Adopted Yeas - 6 Nays - 0
30. Resolution - 94 -1830 - Authorizing an agreement between the City and Ramsey County for joint
purchase of asphalt, use retained earnings dedicated to new construction of asphalt plant to the general
fund, and arrange for public sale of asset. (Referred to Finance & Budget Committee 12/21/94; recalled
and laid over July 5; Referred to City Operations Committee July 19, 1995; City Operations
Committee recommends withdrawal)
Withdrawn
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PUBLIC HEARINGS
1. Third Reading - 95 -934 - An ordinance authorizing the dispensation of intoxicating liquor pursuant to
Laws 1993, Chapter 350, at the Como Park Clubhouse and Lakeside Pavilion. (Substitute introduced
August 16)
Laid over to August 30 for final adoption
32. Third Reading - 95 -935 - An ordinance amending Chapters 89, 92 and 94 of the Saint Paul
Legislative Code pertaining to the rules and regulations of the Saint Paul Water Utility as recommended
by the Board of Water Commissioners of the City of Saint Pau 1.
Laid over to August 30 for final adoption
33. Third Reading - 95 -936 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code
pertaining to Fences; allowing for variances in height requirements under certain circumstances.
Laid over to August 30 for final adoption
34. Third Reading - 95 -937 - An ordinance amending Chapter 370 of the Saint Paul Legislative Code
pertaining to certificates of trade competency; to allow for an increase in examination fees.
Substitute introduced and laid over to August 30 for final adoption
Yeas - 6 Nays - 0
35. Resolution - 95 -1009 - Approving application for a Sunday On Sale Liquor, Gambling Location (C),
Entertainment (B), Restaurant (B), and Liquor On Sale C) License by the Penguin Corporation, dba Over
The Rainbow (Linda Schmit), 249 7th Street West. (ID 4 30347)
Adopted Yeas - 6 Nays - 0
36. Resolution - 95 -1010 - Approving application for a Second Hand Dealer Motor Vehicle License by
K & L Sales Inc. (James R. Koller), 1523 Como Avenue. (ID 419419)
Adopted Yeas - 6 Nays - 0
37. Final Order - 95 -1011 - In the matter of sidewalk reconstruction on the north side of Topping Street
from Mackubin Street to North Western Avenue (595074); both sides of Margaret Street from Atlantic
Street to Johnson Parkway (595087); and the east sid e of Winchell Street from East Nevada Avenue to
East Hoyt Avenue (595102). (Laid over from August 2)
Adopted Yeas - 6 Nays - 0
38. Final Order - 95 -988 - In the matter of sidewalk reconstruction on both sides of Reaney Avenue
from Nortonia Avenue to North Ruth Street. (File 4595106) (Laid over from August 16)
Adopted Yeas - 6 Nays - 0
39. Final Order- 95 -1012 - In the matter of removing the existing Wabasha Street Bridge and Navy
Island Bridge. (File 418794)
Adopted Yeas - 6 Nays - 0
40. Final Order - 95 -1013 - In the matter of condemning and acquiring all property rights necessary to
construct a new Wabasha Street Bridge, a new Navy Island Bridge, and all improvements needed to
complete the bridges. (File 418794E)
Adopted Yeas - 6 Nays - 0
41. Resolution - 95 -1014 - Approving the decision of the Legislative Hearing Officer on Property Code
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Enforcement Appeals for property located at 853 Juno Avenue, 710 Lincoln Avenue, 1434 Grand
Avenue, and 62 South Dale Street.
Adopted as amended Yeas - 6 Nays - 0 (710 Lincoln Av. laid over to September 5 Property Code
Enforcement Hearing and September 13 City Council meeting)
42. Resolution - 95 -1015 - Ordering the owner(s) to remove or repair the building at 43 Front Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends a six
month extension to rehabilitate the building contingen t on posting the appropriate bonds by the August
23 City Council meeting)
Adopted
Yeas - 6 Nays - 0 (Remove or repair building
within 15 days)
43. Resolution - 95 -1016 - Ordering the owner(s) to remove or repair the building at 1242 Juliet Avenue
within fifteen (15) five (5) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Adopted as amended Yeas - 6 Nays - 0
44. Resolution - 95 -1017 - Ordering the owner(s) to remove or repair the buildings at 674 Mendota
Street and 879 -881 Margaret Street within fifteen (15) days from adoption of resolution. (Legislative
Hearing Officer recommends allowing six months to compl ete rehabilitation contingent on a code
compliance inspection and posting of appropriate bonds by the August 23 City Council meeting)
Adopted Yeas - 5 Nays - 0 (Harris not present for vote)
(Remove or repair building within 15 days)
45. Resolution - 95 -1018 - Ordering the owner(s) to remove or repair the building at 203 Robie Street
West within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 5 Nays - 0 (Harris not present for vote)
46. Resolution - 95 -1019 - Ordering the owner(s) to remove or repair the building at 449 Sherburne
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
allowing a six -month extension to complete rehabilitati on contingent on posting of appropriate bonds
by the August 23 City Council meeting)
Adopted Yeas - 6 Nays - 0 (Remove or repair building within 15 days)
47. Resolution - 95 -1020 - Ordering the owner(s) to remove or repair the building at 238 Victoria Street
North within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 6 Nays - 0
48. Resolution Ratifying Assessment - 95 -1021 - In the matter of repair of sanitary sewer connections by
Public Works for 1993 and 1994 for property at 2156 Roblyn Avenue. (File 4SSA95021) (Laid over
from May 24) (Legislative Hearing Officer recommends ap proval)
Adopted Yeas - 6 Nays - 0
49. Resolution Ratifying Assessment - 95 -1022 - In the matter of property clean -up for winter and
spring, 1995 for property at 1672 Manton Street. (File 4J9507A4) (Laid over from July 26) (Legislative
Hearing Officer recommends approval)
Adopted Yeas - 6 Nays - 0
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50. Resolution Ratifying Assessment - 95 -947 - In the matter of boarding -up of vacant buildings for
February, 1995 for property located at 611 Rice Street. (File 4J9506BB) (Laid over from August 9)
(Legislative Hearing Officer recommends approval)
Adopted Yeas - 6 Nays - 0
51. Appeal of Terrance L. Luther to a Summary Abatement Order regarding property at 1777 Marshall
Avenue. (Laid over from August 9) (Legislative Hearing Officer recommends denying the appeal)
Laid over to September 6 Yeas - 6 Nays - 0
52. Appeal of William E. Manley to a Vehicle Abatement Order regarding property at 1792 Portland
Avenue. (Legislative Hearing Officer recommends granting the appeal with the understanding that the
owner takes care of the surface issue for parking the vehi cle.)
Appeal granted (per recommendation of the Legislative Hearing Officer)
Yeas - 6 Nays - 0
53. Resolution - 95 -1023 - Approving adverse action against licenses held by Metro Bar & Grill, Inc.,
dba Arnellia's, 1183 University Avenue West. (Uncontested) (Sale of alcoholic beverages to a minor)
Adopted as amended Yeas - 6 Nays - 0
54. Public hearing to consider the report of the Administrative Law Judge concerning adverse action
against licenses held by Abed A. Wazwaz, dba Adam's Dairy 42, 601 North Dale Street. (Sale of
cigarettes to a minor)
Adopted Findings of Fact, Conclusions and Recommendations of the Administrative Law Judge
($200 fine for first offense and $400 fine for second offense imposed)
Yeas - 6 Nays - 0
55. Public hearing to consider the report of the Administrative Law Judge concerning adverse action
against licenses held by Janice L. Bias, dba Pyramid's Market, 600 Selby Avenue. (Sale of cigarettes to a
minor)
Adopted Findings of Fact, Conclusions and Recommendations of the Administrative Law Judge
($400 fine imposed)
Yeas - 6 Nays - 0
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