Minutes 11-13-1996Page 1 of 7
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, November 13, 1996 - 3:30 PM
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 October 9, 1996, and November 6, 1996, Closed Door Session.
Adopted Yeas - 7 Nays - 0
2. Claims of Mark Dasovich, Julie Lindberg, Joseph Rivard, and David and Valerie Sigel.
Referred to Risk/Employee Benefit Management Division
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3. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on November 27, 1996, to consider the application of John Rodrigue to rezone
property at 484 and 486 Larpenteur Avenue West (south side between Mackubin and Cohansey) from
OS -1 (office space) to R -3 (single family residential) to be used as single family residential.
4. Notification announcing a public hearing before the City Council on November 27, 1996, to consider
the proposed water rate charges for 1997.
5. Notification announcing a public hearing before the City Council on November 27, 1996, to consider
the proposed sanitary sewer service and storm sewer system charges for 1997.
6. Letter from the Real Estate Division announcing a public hearing before the City Council on
December 11, 1996, to consider the vacation of part of Hadley Street as dedicated in Burlington Heights
Division No. 2 to clear cloud on title caused by building encroachment.
7. Letter from Saint Paul Public Health declaring 786 Randolph Avenue as "nuisance property." (For
notification purposes only; public hearing will be scheduled at a later date if necessary.)
8. Communication from Saint Paul Animal Control dated November 4, 1996, announcing a request from
the University of Minnesota Research Lab for unclaimed dogs and cats.
9. Administrative Orders:
. D001071 Addition of $121,839.88 to the contract for 35E/University CSSP.
. D001072 Addition of $11,392.00 to the contract for Saint Paul Civic Center Expansion, CP -4
Building Construction.
. D001073 Addition of $21,691.00 to the contract for Saint Paul Civic Center Expansion, CP -4
Building Construction.
. D001074 Amending the budget of the Capital Improvement Projects in the Department of
Planning and Economic Development by adjusting budget balances to actual for the closed
projects.
Noted as on file in the City Clerk's Office
10. Resolution - 96 -1404 - Recognizing Council Research as recipient of the Minnesota Council for
Quality's Commitment to Quality Award.
Adopted Yeas - 7 Nays - 0
11. Resolution - 96 -1405 - Authorizing the administration to solicit contributions to defray expenses for
the services of Ted Gaebler, speaker and facilitator, for a conference on making public /private
partnerships work.
Adopted Yeas - 7 Nays - 0
12. Resolution - 96 -1406 - Increasing the budget in the Police Department's Fleet Budget of the General
Fund for the purchase of 45 squad cars.
Adopted Yeas - 7 Nays - 0
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13. Resolution - 96 -1407 - Authorizing a deadline extension for the St. Paul Coordinated Housing
Investment Program to execute its Enterprise Community contract with the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
14. Resolution - 96 -1408 - Amending C.F. 96 -1263 by changing the date of the competitive negotiated
sale of $3,000,000 General Obligation Capital Improvement Bonds, Series 1996E to November 20,
1996.
Adopted Yeas - 7 Nays - 0
15. Resolution - 96 -1409 - Refunding assessment payments paid by Gassen Company Property
Management and reinstating them to the property to be paid by the owner through property taxes.
Adopted Yeas - 7 Nays - 0
16. Resolution - 96 -1410 - Accepting petition alleging public nuisances at 1161 Norton Avenue and
1165 Norton Avenue, and setting date of public hearing before the City Council for November 27, 1996.
Adopted Yeas - 7 Nays - 0
17. Preliminary Order - 96 -1411 - In the matter of improving Shepard Road from Randolph Avenue to
Jackson Street, and setting date of public hearing for December 11, 1996. (File 418837)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
18. Resolution - 96 -1003 - Requesting the State of Minnesota to allow Minnesota cities to impose
restrictions on certain firearms and ammunition in excess of state restrictions. (Laid over from
September 18)
Substitute introduced, amended and adopted
Yeas - 7 Nays - 0
19. Resolution - 96 -1332 - Restricting the City from financially supporting sporting facilities or
franchises if the subsidy is more than one million dollars. (Laid over from November 6)
Laid over to November 27
Yeas - 5 Nays - 0 (Blakey and Megard not present for vote)
20. Resolution - 96 -1339 - Scheduling a public hearing for Local Law Enforcement Block Grant
Program. (Laid over from November 6)
Laid over to December 4 for public hearing Yeas - 7 Nays - 0
21. Resolution - 96 -1367 - Approving additional funds for the 1997 Civic Organization Partnership
Program (COPP) to fund new and existing juvenile intervention, diversion and mentoring programs.
(Laid over from November 6)
Adopted as amended Yeas - 7 Nays - 0
22. Resolution - 96 -1403 - Authorizing payment, not to exceed $11,400.00, to conduct a 14 -week Police
Academy for 41 recruits at Camp Ripley from November 18 through November 22, 1996. (Laid over
from November 6)
Adopted Yeas - 7 Nays - 0
ORDINANCES
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23. Final Adoption - 96 -1167 - An ordinance repealing Chapter 379 of the Saint Paul Legislative Code,
pertaining to lock opening service licenses. (Laid over from October 30)
Failed Yeas - 3 Nays - 4 (Blakey, Bostrom, Rettman, Thune)
24. Final Adoption - 96 -1341 - An ordinance granting the Port Authority the ability to issue bonds for
the Williams Hill project. (Companion to 96 -1337)
Adopted Yeas - 7 Nays - 0
25. Final Adoption - 96 -1342 - An ordinance amending Chapters 60 and 62 of the Saint Paul Legislative
Code pertaining to zoning.
Adopted Yeas - 7 Nays - 0
PUBLIC HEARINGS (Public hearings will begin at 4:30 p.m.)
26. Third Reading - 96 -1368 - An ordinance approving an amendment to the Saint Paul City Charter,
Section 15.03, authorizing the City of Maplewood representation on the Board and additional
representation on the Board if other suburban communities enter similar agreements with the Board.
Laid over to November 27 for final adoption
27. Resolution - 96 -1412 - Approving application for an On Sale Malt (3.2) License by Commodore
Condo Corp., dba Commodore Squash Club, 79 Western Avenue North. (ID 430893)
Laid over to November 27 Yeas - 7 Nays - 0
28. Resolution - 96 -1413 - Approving application for a Dance or Rental Hall License by the Department
of Military Affairs, State of Minnesota, dba Maryland Avenue National Guard Armory, 1530 Maryland
Avenue East. (ID 427299)
Adopted Yeas - 7 Nays - 0
29. Resolution - 96 -1414 - Approving application for a Dance or Rental Hall License by the Department
of Military Affairs, State of Minnesota, dba Cedar Street National Guard Armory, 600 Cedar Street. (ID
415967)
Adopted Yeas - 7 Nays - 0
30. Resolution - 96 -1392 - Concerning adverse action against licenses held by Jestpama, Inc., dba East
Side Liquor Store, 1361 Maryland Avenue East. (Uncontested) (Laid over from November 6)
Adopted Yeas - 7 Nays - 0
31. Public hearing to consider the report of the Aministrative Law Judge concerning adverse action
against licenses held by Metro Bar & Grill, Inc., dba Arnellia's, 1183 University Avenue West.
Accepted Findings of Fact of Administrative Law Judge
Council imposed penalty of six days suspension with three days stayed and conditions included
Yeas - 7 Nays - 0
32. Public hearing to consider the report of the Aministrative Law Judge concerning adverse action
against licenses held by Rustelle Kujawa, dba Polyanesian Paradise Tanning, 1171 Jackson Street.
Accepted Findings of Fact, Conclusions and Recommendations of the Administrative Law Judge;
licensee to pay costs incurred
Yeas - 6 Nays - 0 (Guerin not present for vote)
33. Resolution - 96 -1398 - Approving the settlement agreement and providing consent to the transfer of
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control of Continental Cablevision Saint Paul from Continental Cablevision, Inc. to U.S. West, Inc.
(Laid over from November 6)
Adopted Yeas - 6 Nays - 1 (Rettman)
34. Resolution - 96 -1384 - Denying consent to the transfer of control of Continental Cablevision Saint
Paul from Continental Cablevision, Inc. to U.S. West, Inc. (Laid over from November 6)
Withdrawn
35. Resolution - 96 -1415 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 800, 824 -840 Hampden Avenue, 620 Burlington Road, 846
Western Avenue, 365 Michigan Street, 448 Griffith Street, 83 E. Isabel Street, 1521 Westminster Street
4201, 1277 Charles Avenue, 85 E. 7th Place (Golden Rule Building), 45 S. Albert Street (Grand Albert
Condominiums), 592 Portland Avenue, 1179 -1181 Dayton Avenue, and 46 -48 W. Isabel Street.
Adopted as amended Yeas - 7 Nays - 0
(365 Michigan Street laid over indefinitely; 846 Western Avenue adopted per recommendation of the
Legislative Hearing Officer; however, if it is not corrected within five days, affirmative action will be
taken)
36. Resolution - 96 -1352 - Ordering the owner to remove or repair the building at 1036 Maryland
Avenue East 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 23, 1996) (Laid over from November 6)
Adopted as amended per recommendation of the Legislative Hearing Officer
Yeas - 7 Nays - 0
37. Resolution - 96 -1416 - Ordering the owner to remove or repair the building at 934 Euclid Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 7 Nays - 0
38. Resolution - 96 -1417 - Ordering the owner to remove or repair the building at 1328 Maryland
Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Adopted Yeas - 7 Nays - 0
39. Resolution - 96 -1418 - Ordering the owner to remove or repair the building at 1010 Seventh Street
West within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 7 Nays - 0
40. Resolution - 96 -1419 - Ordering the owner to remove or repair the building at 651 Watson Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends the
owner be granted until April, 1997 to complete the repairs since a code compliance inspection has been
done and bond has been posted; however, the vacant building fee must be paid by November 13, 1996.)
Adopted as amended per recommendation of the Legislative Hearing Officer
(Owner granted until April 2, 1997 to complete repairs)
Yeas - 7 Nays - 0
41. Appeal of Gary Bain to a summary abatement order regarding property at 414 Earl Street.
(Legislative Hearing Officer recommends denying the appeal)
Appeal denied Yeas - 7 Nays - 0
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42. Resolution Ratifying and Confirming Condemnation, and Awards of Assessment -
96 -1402 - In the matter of condemnation and taking of temporary easements necessary for the Edgerton
Street Bridge Construction Project. (File 418832) (Laid over from November 6)
Adopted Yeas - 7 Nays - 0
43. Final Order - 96 -1420 - In the matter of street paving and new lighting in connection with the
Lafond /Grotto Area Street Paving and Lighting Project. (File 418807)
Adopted Yeas - 7 Nays - 0
44. Final Order - 96 -1421 - In the matter of construction of storm sewer, sanitary sewer and water
connections at the property owners' request in conjunction with the Lafond /Grotto Area Residential
Street Paving Program. (File 418808)
Adopted Yeas - 7 Nays - 0
45. Resolution - 96 -1021 - Authorizing Street /Alley Maintenance charges for 1997 at basically the same
level as 1996. (Laid over from August 28 for adoption)
Adopted as amended Yeas - 7 Nays - 0
46. Public hearing to consider the application of 2145 Limited Liability Partnership asking that the City
Council rescind a condition placed on a variance previously granted for the property at 2145 Ford
Parkway.
Motion of intent - application denied
Yeas - 6 Nays - 0 (Rettman not present for vote)
47. Public hearing to consider the appeal of Richard Rosset to a decision of the Heritage Preservation
Commission to require that a proposed new garage at 695 Conway Street be constructed with an 8/12
roof pitch.
Motion of intent - appeal denied
Yeas - 6 Nays - 0 (Harris not present for vote)
48. Public hearing to consider the appeal of David Sattinger and Ingunn Sachs to a decision of the Board
of Zoning Appeals granting a front yard setback variance in order to construct a new single family home
at 2155 Lower St. Dennis Road.
Laid over to November 27
Yeas - 5 Nays - 0 (Blakey and Megard not present for vote)
MISCELLANEOUS
49. Recognition of Parks and Recreation Youth Volunteers.
Suspension Items
Resolution - 96 -1422 - Scheduling a public hearing before the City Council on December 4, 1996 to
consider the recommendation for adverse action against the Taxicab Driver's License held by William J.
Nelson.
Adopted Yeas - 7 Nays - 0
Resolution - 96 -1423 - Authorization to retain an outside labor negotiator to handle the negotiation of
any impacts of the Joint Powers Agreement between Ramsey county and the City of Saint Paul
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concerning the Health Department.
Adopted as amended Yeas - 5 Nays - 2 (Blakey, Harris)
Resolution - 96 -1424 - Approving application for a Gambling Manager's License by Gregory J.
Lendway, dba Star Swim Club, Inc., at Grand 7 Saloon, 315 7th Street West. (ID 475872)
Adopted Yeas - 7 Nays - 0
Resolution - 96 -1425 - Approving application for a Class C Gambling Location License by Grand 7
Saloon, 315 7th Street West. (ID 449197)
Adopted Yeas - 7 Nays - 0
Resolution - 96 -1426 - Approving application for a State Class B Gambling Premise Permit by Kevin
O'Connell on behalf of Star Swim Club, Inc. At Grand 7 Saloon, 315 7th Street West. (ID 413- 05039)
Adopted Yeas - 7 Nays - 0
Resolution - 96 -1427 - Approving the appointment of Jardine, Logan & O'Brien as co- counsel to the
City Attorney in the Kessler v. the City of Saint Paul, et. al. lawsuit.
Adopted Yeas - 6 Nays - 0 Abstention -1 (Guerin)
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