Minutes 10-9-1996Page 1 of 9
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, October 9, 1996, - 3:30 PNI
PUBLIC HEARINGS AT 4:30 P.M.
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
Present - 7 - Blakey, Bostrom, 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 28, 1996.
Adopted Yeas - 7 Nays - 0
2. Claims of Terry Daniel, Drasin Law Office (for Eric Orosz), Thomas Molloy, Meggin Murphy,
Gregory Plante, Diana Smith, Tyrone Stenzel, David Thompson, and USAA Casualty Insurance Co. (for
Linda Leigh).
file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112518 \Minutes 10- 9- 199... 12/15/2010
Page 2 of 9
Referred to Risk/Employee Benefit Management Division
3. Summons and Complaint in the matter of Marlon Henderson vs. the City of Saint Paul.
Referred to the City Attorney's Office
4. Letter from the Office of the City Attorney announcing a hearing before an administrative law judge
on October 29, 1996, 9:30 a.m., Room 220 City Hall, concerning the application for a dance /rental hall
license by Raymond Hessler.
5. Letter from the Office of the City Attorney announcing a hearing before an administrative law judge
on November 4, 1996, concerning the license application of Saint Paul Firearms Company.
6. Letters from Saint Paul Public Health declaring 1042 Lawson Avenue East and 694 Sherburne
Avenue as "nuisance properties." (For notification purposes only; public hearings will be scheduled at a
later date if necessary.)
7. Communication from Saint Paul Animal Control dated September 30, 1996, announcing a request
from the University of Minnesota Research Lab for unclaimed dogs and cats.
8. Administrative Orders:
. D001032 Addition of $9,284.10 to the contract for Saint Paul Civic Center Expansion, CP -I
Demolition, Excavation & Bridge Construction.
• D001033 Addition of $8,892.00 to the contract for Saint Paul Civic Center Expansion, CP -4
Building Construction.
• D001034 Authorizing payment of $2,000 for chemist assessment and recommendation concerning
use of toxic products in the City Hall Annex.
• D001035 Authorizing payment, not to exceed $5,000.00, to the Eastern Heights Elementary
School Playground Project
• D001036 Authorizing payment, not to exceed $1,000, to vendors providing refreshments for St.
Paul Police Department FORCE Unit participants in Landlord Workshops.
Noted as on file in the City Clerk's Office
. D001037 Amending the 1996 budget in the Division of Parks and Recreation to allow for transfer
of funds for the PC replacement program.
Laid over to October 16 Yeas - 7 Nays - 0
. D001038 Amending the 1996 budget in the Division of Parks and Recreation to allow for
payment of salaries for the recreation specialist programs, payment of expenditures for increased
Riverfront activities, and transfer of funds for the PC replacement program.
Laid over to October 16 Yeas - 7 Nays - 0
. D001039 Amending the 1996 budget in the Office of License, Inspections and Environmental
Protection to allow for transfer of funds for the PC replacement program.
Laid over to October 16 Yeas - 7 Nays - 0
file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112518 \Minutes 10- 9- 199... 12/15/2010
Page 3 of 9
9. Resolution - 96 -1169 - Approving the appointments of Esperanza Duarte, Peggy Birk, and Dick
Nowlin, by Mayor Coleman, to the Saint Paul Planning Commission. (Laid over from October 2 for
adoption)
Laid over to October 23 Yeas - 7 Nays - 0
10. Resolution - 96 -1170 - Approving the appointment of Andrea Northwood and Beverly J. Peterson
and the reappointment of Hollice Allen, by Mayor Coleman, to serve on the Saint Paul Human Rights
Commission. (Laid over from October 2 for adoption)
Laid over to October 23 Yeas - 7 Nays - 0
11. Resolution - 96 -1226 - Approving the reappointment of Joyce Maddox, by Mayor Coleman, to
continue serving as the Saint Paul Planning Commission's representative to the Board of Zoning
Appeals. (Laid over from October 2 for adoption)
Laid over to October 23 Yeas - 7 Nays - 0
12. Resolution - 96 -1227 - Approving the appointment of Stella Maris Sola and the reappointments of
Linda Dieleman and Lorraine Hosley, by Mayor Coleman, to the Food and Nutrition Commission. (Laid
over from October 2 for adoption)
Laid over to October 23 Yeas - 7 Nays - 0
13. Resolution - 96 -1228 - Approving the appointments of Kristin Livdahl and John Shaffer and the
reappointments of Michael Braboy, Molly Grove and Albert Harris, by Mayor Coleman, to the Saint
Paul Overnight Shelter Board. (Laid over from October 2 for adoption)
Laid over to October 23 Yeas - 7 Nays - 0
14. Resolution - 96 -1229 - Approving the appointments of Charles McIntosh and Jeffrey Redmon and
the reappointments of Kristine Jacobs, Lorrie Louder, Donovan Schwichtenberg, Monty Martin, Louis
Henry, Gregory Matthews and Malcolm McDonald, by Mayor Coleman, to the Saint Paul Workforce
Development Council. (Laid over from October 2 for adoption)
Laid over to October 23 Yeas - 7 Nays - 0
15. Resolution - 96 -1230 - Approving the appointment of Mary Hicks and the reappointments of
William (Billy) Collins, Diana Rodriquez, Miriam Rykken, Jim Kelley, John Kennefick, Michael
Lohman, Mike Sperr, Brennan Brooks and Jennifer Bozicevich, by Mayor Coleman, to the Youth Fund
Board. (Laid over from October 2 for adoption)
Laid over to October 23 Yeas - 7 Nays - 0
16. Resolution - 96 -1258 - Finalizing City Council action taken August 29, 1996, denying the
application of J -Six (A Minnesota Partnership) to rezone property from R -LL (residential) to I -1
(industrial) to allow a self storage facility at 14XX Point Douglas Road.
Adopted Yeas - 7 Nays - 0
17. Resolution - 96 -1259 - Directing the Department of Public Works to conduct a traffic and pedestrian
safety study on Lexington Parkway.
Adopted Yeas - 7 Nays - 0
18. Resolution - 96 -1260 - Accepting an anonymous donation of $1,500.00, to the Saint Paul Fire
Department towards the purchase of a CairnsIRIS Thermal Imaging System
Adopted Yeas - 7 Nays - 0
19. Resolution - 96 -1261 - Authorizing the use of $1 million of uncommitted interest earnings from
file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112518 \Minutes 10 -9- 199... 12/15/2010
Page 4 of 9
Capital Improvement Bonds for construction of an additional sheet of indoor ice at the Highland Arena.
Adopted Yeas - 7 Nays - 0
20. Resolution - 96 -1262 - Approving wetland restoration project in Lilydale /Harriet Island Regional
Park and authorizing City officials to enter into an agreement with the Metropolitan Airports
Commission for the project.
Adopted Yeas - 7 Nays - 0
21. Resolution - 96 -1263 - Authorizing the Department of Finance and Management Services to begin
preparations for the November 13, 1996, sale of $3,000,000 Capital Improvement Bonds.
Adopted as amended Yeas - 7 Nays - 0
22. Resolution - 96 -1264 - Authorizing the Police Department to submit a grant application for $192,000
to the Bureau of Justice Administration to further the computer networking capacity of the department.
Adopted Yeas - 7 Nays - 0
23. Resolution - 96 -1265 - Establishing the rates of pay for Parks and Recreation Worker I, II, III, IV, V,
VI, VII, and VIII in the Salary Plan and Rates of Compensation Resolution.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
24. Resolution - 96 -1181 - To balance 1996 Public Works Engineering Fund including a loan from the
Street Maintenance Fund using unspent 1995 Winter Street Maintenance operations of $413,216.73.
(Laid over from September 25)
Adopted Yeas - 7 Nays - 0
ORDINANCES
25. Final Adoption - 96 -1028 - An ordinance amending Chapters 60 and 62 of the Saint Paul Legislative
Code pertaining to pawn shop zoning. (Laid over from September 25)
Adopted Yeas - 7 Nays - 0
26. Final Adoption - 96 -1168 - An ordinance restricting the height of cellular telephone antennas in
certain zones within the City of Saint Paul pending the completion of studies of possible amendments to
the City's Comprehensive Plan and Zoning Regulations. (Substitute introduced October 2)
Adopted Yeas - 7 Nays - 0
27. Second Reading - 96 -1111 - An ordinance to amend A -11 of the Saint Paul Legislative Code
pertaining to notifications; standardizing notification requirements.
Laid over to October 23 for third reading /public hearing
28. Second Reading - 96 -1112 - An ordinance to amend Chapter 310 of the Saint Paul Legislative Code
pertaining to uniform license procedures; changing notification requirements for Class III license
renewals.
Laid over to October 23 for third reading /public hearing
29. Second Reading - 96 -1114 - An ordinance to amend Chapter 401.03 of the Saint Paul Legislative
Code pertaining to licensing; standardizing public notification requirements.
Laid over to October 23 for third reading /public hearing
file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112518 \Minutes 10 -9- 199... 12/15/2010
Page 5 of 9
30. Second Reading - 96 -1115 - An ordinance to amend Chapter 407.04 of the Saint Paul Legislative
Code pertaining to uniform license procedures; standardizing notification requirements for hotel license
renewals.
Laid over to October 23 for third reading /public hearing
31. Second Reading - 96 -1116 - An ordinance to amend Chapter 409.06 of the Saint Paul Legislative
Code pertaining to licensing; standardizing notification requirements for outside service areas.
Laid over to October 23 for third reading /public hearing
32. Second Reading - 96 -1117 - An ordinance to amend Chapter 409.11 of the Saint Paul Legislative
Code pertaining to licensing; standardizing notification requirements for changes in the liquor service
area.
Laid over to October 23 for third reading /public hearing
33. Second Reading - 96 -1118 - An ordinance to amend Chapter 410.07 of the Saint Paul Legislative
Code pertaining to licensing; standardizing notification requirements for malt liquor licenses.
Laid over to October 23 for third reading /public hearing
34. Second Reading - 96 -1119 - An ordinance to amend Chapter 411.04 of the Saint Paul Legislative
Code pertaining to licensing; standardizing notification requirements for license applications.
Laid over to October 23 for third reading /public hearing
35. Second Reading - 96 -1120 - An ordinance to amend Chapter 429.04 of the Saint Paul Legislative
Code pertaining to uniform license procedures; changing notification requirements for Class III license
renewals.
Laid over to October 23 for third reading /public hearing
36. Second Reading - 96 -1166 - An ordinance amending the license fee schedule in Chapter 310 of the
Saint Paul Legislative Code, decreasing food license fees and eliminating certain license categories.
Laid over to October 23 for third reading /public hearing
37. Second Reading - 96 -1167 - An ordinance repealing Chapter 379 of the Saint Paul Legislative Code,
pertaining to lock opening service licenses.
Laid over to October 23 for third reading /public hearing
38. Second Reading - 96 -1246 - Finalizing City Council action approving the petition of Jeanne Holmes
to rezone property at 98 North Snelling Avenue from RM -2 to B -2C (public hearing held September 11,
1996)
Laid over to October 16 for third reading
PUBLIC HEARINGS (Public hearings will begin at 4:30 p.m.)
39. Resolution - 96 -1266 - Approving application for an On Sale Malt (strong beer) and Wine On Sale
License by Byerly's Inc., 1959 Suburban Avenue. (ID 455489)
Adopted Yeas - 5 Nays - 0 (Harris and Thune not present for vote)
40. Resolution - 96 -1209 - Concerning adverse action against licenses held by The Moa Family
Corporation, dba Wolter Brothers Pharmacy & Liquor, 438 University Avenue West. (Uncontested)
(Laid over from September 25)
file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112518 \Minutes 10- 9- 199... 12/15/2010
Page 6 of 9
Adopted as amended Yeas - 5 Nays - 0 (Guerin and Thune not present for vote)
41. Resolution - 96 -1267 - Concerning adverse action against licenses held by Family Liquor S
Corporation, dba Capitol Wine & Spirit, 531 Rice Street. (Uncontested)
Adopted as amended Yeas - 7 Nays - 0
42. Resolution - 96 -1268 - Concerning adverse action against licenses held by JMS Investments, Inc.,
dba Lex Liquor Barrell, 451 Lexington Parkway North. (Uncontested)
Adopted as amended Yeas - 7 Nays - 0
43. Resolution - 96 -1269 - Concerning adverse action against licenses held by Arthur Heutmaker, dba
Conoco & Automative, 1208 Arcade Street. (Uncontested)
Adopted Yeas - 7 Nays - 0
44. Public hearing to consider the report of the administrative law judge concerning licenses held by J.
& L. Liquors, Inc., dba Trend Bar, 1537 University Avenue West.
Adopted Findings of Fact, Conclusions and Recommendations of the Administrative Law Judge
Yeas - 6 Nays - 1 (Thune)
45. Resolution - 96 -1270 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property at 1551 Race Street, 2177 Fairmount Avenue, 1401 Stanford Avenue,
and 1610 Rome Avenue.
Adopted Yeas - 7 Nays - 0
46. Resolution - 96 -1271 - Ordering the owner to remove or repair the building at 460 Beaumont Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 7 Nays - 0
47. Resolution - 96- »)Y'Wthe owner to« � ove or repair the building at 460 232 Cottage Avenue West
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 7 Nays - 0
48. Resolution - 96 -1273 - Ordering the owner to remove or repair the building at 598 Hatch Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 7 Nays - 0
49. Resolution - 96 -1274 - Ordering the owner to remove or repair the building at 1024 Milton Street
North within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
laying this matter over to the November 5, 1996 Legislative Hearing)
Adopted (remove or repair within 15 days)
Yeas - 7 Nays - 0
50. Resolution - 96 -1275 - Ordering the owner to remove or repair the building at 874 -878 Selby
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
granting the owner 180 days to repair the building provided a $2,000 bond is posted by October 9, 1996)
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112518 \Minutes 10 -9- 199... 12/15/2010
Page 7 of 9
51. Resolution - 96 -1276 - Ordering the owner to remove or repair the building at 712 Wells Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 7 Nays - 0
52. Resolution Ratifying Assessment - 96 -1277 - In the matter of summary abatement (property clean-
up) for May through mid -July 1996 for property at 1129 Minnehaha Avenue East (J9609AA) and
summary abatement (property clean -up) for May through mid -July 1996 for property at 328 Lexington
Parkway North (J9609TDBC1). (Laid over from September 25) (Legislative Hearing Officer
recommends approval of the assessment for 1129 East Minnehaha Avenue and deleting the assessment
for 328 Lexington Parkway)
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 7 Nays - 0
53. Final Order - 96 -1278 - In the matter of the operation of the Above Standard Street Lighting System
for the Lowertown Area for the months of January through December, 1997. (File 418321)
Adopted Yeas - 7 Nays - 0
54. Final Order - 96 -1279 - In the matter of the operation of the Above Standard Street Lighting System
for the Selby /Western Area for the months of January through December, 1997. (File 418336)
Adopted Yeas - 7 Nays - 0
55. Final Order - 96 -1280 - In the matter of the operation of the Above Standard Street Lighting System
for the Ford /Cleveland Area for the months of January through December, 1997. (File 418390)
Adopted Yeas - 7 Nays - 0
56. Final Order - 96 -1281 - In the matter of the operation of the Above Standard Street Lighting System
for the Grand -East I Area for the months of January through December, 1997. (File 418392)
Adopted Yeas - 7 Nays - 0
57. Final Order - 96 -1282 - In the matter of the operation of the Above Standard Street Lighting System
for the Grand -West Area for the months of January through December, 1997. (File 418423)
Adopted Yeas - 7 Nays - 0
58. Final Order - 96 -1283 - In the matter of the operation of the Above Standard Street Lighting System
for the Grand -East 11 Area for the months of January through December, 1997. (File 418425)
Adopted Yeas - 7 Nays - 0
59. Final Order - 96 -1284 - In the matter of the operation of the Above Standard Street Lighting System
for the North Wabasha Area for the months of January through December, 1997. (File 418430)
Adopted Yeas - 7 Nays - 0
60. Final Order - 96 -1285 - In the matter of the operation of the Above Standard Street Lighting System
for the Smith Avenue Area for the months of January through December, 1997. (File 418434)
Adopted Yeas - 7 Nays - 0
61. Final Order - 96 -1286 - In the matter of the operation of the Above Standard Street Lighting System
for the Wabasha -5th -6th Area for the months of January through December, 1997. (File 418510)
Adopted Yeas - 7 Nays - 0
62. Final Order - 96 -1287 - In the matter of the operation of the Above Standard Street Lighting System
file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112518 \Minutes 10 -9- 199... 12/15/2010
Page 8 of 9
for the Selby Revitalization No. 1 Area for the months of January through December, 1997. (File
418525)
Adopted Yeas - 7 Nays - 0
63. Final Order - 96 -1288 - In the matter of the operation of the Above Standard Street Lighting System
for the Concord Phase I Area for the months of January through December, 1997. (File 418550)
Adopted Yeas - 7 Nays - 0
64. Final Order - 96 -1289 - In the matter of the operation of the Above Standard Street Lighting System
for the Selby Revitalization No. 2 Area for the months of January through December, 1997. (File
418588)
Adopted Yeas - 7 Nays - 0
65. Final Order - 96 -1290 - In the matter of the operation of the Above Standard Street Lighting System
for the St. Peter Street Area for the months of January through December, 1997. (File 418590)
Adopted Yeas - 7 Nays - 0
66. Final Order - 96 -1291 - In the matter of the operation of the Above Standard Street Lighting System
for the Department of Revenue Area for the months of January through December, 1997. (File 418607)
Adopted Yeas - 7 Nays - 0
67. Final Order - 96 -1292 - In the matter of the operation of the Above Standard Street Lighting System
for the University /Western /Mackubin Area for the months of January through December, 1997. (File
418612)
Adopted Yeas - 7 Nays - 0
68. Final Order - 96 -1293 - In the matter of the operation of the Above Standard Street Lighting System
for the Snelling /Randolph Area for the months of January through December, 1997. (File 418626)
Adopted Yeas - 7 Nays - 0
69. Final Order - 96 -1294 - In the matter of the operation of the Above Standard Street Lighting System
for the East 7th /Arcade Area for the months of January through December, 1997. (File 418634)
Adopted Yeas - 7 Nays - 0
70. Final Order - 96 -1295 - In the matter of the operation of the Above Standard Street Lighting System
for the City Hall /Court House Area for the months of January through December, 1997. (File 418709)
Adopted Yeas - 7 Nays - 0
71. Final Order - 96 -1296 -In the matter of the operation of the Above Standard Street Lighting System
for the United /Children's Hospital Area for the months of January through December, 1997. (File
418778)
Adopted Yeas - 7 Nays - 0
72. Resolution Ratifying Assessment - 96 -1297 - In the matter of operation and maintenance costs for
the Arcade /Case parking lot from January 1 to December 31, 1997. (File 418744)
Adopted Yeas - 7 Nays - 0
73. Resolution Ratifying Assessment - 96 -1298 - In the matter of operation and maintenance costs for
the Immaculate Heart of Mary parking lot from January 1 to December 31, 1997. (File 418746)
Adopted Yeas - 7 Nays - 0
file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112518 \Minutes 10 -9- 199... 12/15/2010
Page 9 of 9
74. Resolution Ratifying Assessment - 96 -1299 - In the matter of the IvyBirmingham Area Street
Paving and Lighting Project. (File 418810)
Adopted Yeas - 7 Nays - 0
75. Resolution Ratifying Assessment - 96 -1300 - In the matter of the Fourth /Howard Area Street Paving
and Lighting Project. (File 418812)
Adopted Yeas - 7 Nays - 0
76. Resolution Ratifying Assessment - 96- 1301 - In the matter of the assessment of benefits, cost and
expenses for the operating costs for the nineteen above standard street lighting systems for various areas
for the months of January through December, 1996. (File 418321, 18336, 18390, 18392, 18423, 18425,
18430, 18434, 18510, 18525, 18550, 18588, 18590, 18607, 18612, 18626, 18634, 18709, 18778)
Adopted Yeas - 7 Nays - 0
77. Resolution Ratifying Assessment - 96 -1302 - In the matter of the assessments for the operation and
maintenance costs of Seventh Place Mall for 1995. (File 418428 -95)
Adopted Yeas - 7 Nays - 0
78. Final Order - 96 -1303 - In the matter of approving the estimated costs for the operation and
maintenance of Seventh Place Mall for 1996. (File 418428 -96)
Adopted Yeas - 7 Nays - 0
79. Resolution - 96 -1304 - Ratifying Town Square Service Charges for July 1, 1996 through June 30,
1997. (File 418113096)
Adopted Yeas - 7 Nays - 0
80. Resolution - 96 -1019 - Ratifying 1996 Street /Alley Maintenance Service Charge. (Laid over from
August 28 for adoption)
Adopted Yeas - 7 Nays - 0
Suspension Items
Resolution - 96 -1305 - Recognizing St. Bernard's Schools and their community building efforts and
declaring Friday, October 11, 1996 "School Colors Day."
Adopted Yeas - 7 Nays - 0
Resolution - 96 -1306 - Declaring Saturday, October 13, 1996 "Mervyn's California Day" in Saint Paul.
Adopted Yeas - 7 Nays - 0
Resolution - 96 -1307 - Designating Thursday, October 10, 1996 as the "Day of City Concern About
Young People and Gun Violence."
Adopted Yeas - 7 Nays - 0
Resolution - 96 -1308 - Approval of 19 taxicab licenses.
Withdrawn
First Reading - 96 -1309 - An ordinance approving an increase in the number of taxicab licenses in the
City from 120 to 124.
Withdrawn
file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112518 \Minutes 10 -9- 199... 12/15/2010