Minutes 11-27-1996Page 1 of 10
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, November 27, 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
The following communication was read into the record by Nancy Anderson, Assistant Secretary to the
City Council:
Letter from the Office of the City Attorney rescheduling the public hearing before the City Council to
December 4, 1996, concerning adverse action against the Taxicab Driver's License held by William J.
Nelson, 993 Marion Street.
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.
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FOR ACTION
1. Approval of minutes of October 23 and October 30, 1996.
Adopted Yeas - 7 Nays - 0
2. Claims of Molly Bettin, Rahn Carlson, La Vonne Condrad, Michael Crea, David Eddleston, Alan
Gear, Sandra Haris, Sandra Hendeson, Brian Hill, Donald Murray, and Michael Serrand.
Referred to the City Attorney's Office
3. Summons and Complaint in the matter of Marion North vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of Randolph Parker vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
5. Notice of Appeal in the matter of the Port Authority of the City of Saint Paul vs. the City of Saint
Paul, et al.
Referred to the City Attorney's Office
6. Summons in Application for Registration in the matter of the application of Maria M. Rojaz to
register title to Lot six (6), Block thirty -four (34), The West St. Paul Real Estate and Improvement
Syndicate Addition No. 2.
Referred to the City Attorney's Office
7. Communication from Private Protection, Inc. alleging improper notification regarding action taken on
their application for a Cabaret License at 920 Selby Avenue.
8. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on December 4, 1996, to consider the application for renewal of a
currency exchange license by Capital City Check Cashing, 477 Rice Street.
9. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on December 4, 1996, to consider the application for renewal of a
currency exchange license by International Currency Exchange, 942 Payne Avenue.
10. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on December 4, 1996, to consider the application for renewal of a
currency exchange license by Ramsey Financial, 577 University Avenue East.
11. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on December 4, 1996, to consider the application for renewal of a
currency exchange license by Unbank Company, 1098 University Avenue.
12. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on December 4, 1996, to consider the application for renewal of a
currency exchange license by Unbank Company, 467 -469 St. Peter Street.
13. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
December 4, 1996, to consider the report of the Administrative Law Judge concerning the license
application of Raymond Hessler, dba Smith Avenue Rental Hall, 627 Smith Avenue South.
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14. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law
Judge to consider adverse action against licenses held by Olson Brother Liquors, Inc., 678 University
Avenue West, on December 10, 1996, 9:30 a.m., Room 41, City Hall
15. Letter from the Office of the City Attorney announcing a hearing before the City Council on
December 11, 1996, to consider adverse action against licenses held by C & T Enterprises, Inc., dba
Como /Raymond Standard, 2102 Como Avenue. (Uncontested)
16. Letter from the Office of the City Attorney announcing a hearing before the City Council on
December 11, 1996, to consider adverse action against licenses held by Ciatti's Inc., dba Ciatti's Italian
Restaurant, 850 Grand Avenue. (Uncontested)
17. Letter from the Office of the City Attorney announcing a hearing before the City Council on
December 11, 1996, to consider adverse action against licenses held by The Cromwell, Inc., dba
Cromwell Bar & Restaurant, 2511 University Avenue West. (Uncontested)
18. Letter from the Office of the City Attorney announcing a hearing before the City Council on
December 11, 1996, to consider adverse action against licenses held by Thomas J. Wang and Phoebe W.
Wang, dba Dannecker's Supermarket, 793 Randolph Avenue. (Uncontested)
19. Letter from the Office of the City Attorney announcing a hearing before the City Council on
December 11, 1996, to consider adverse action against licenses held by Eddleston Enterprises, Inc., dba
Johnny's Cocktail Lounge, 2251 University Avenue West. (Uncontested)
20. Letter from the Office of the City Attorney announcing a hearing before the City Council on
December 11, 1996, to consider adverse action against licenses held by Knowlan's Super Markets, Inc.,
1326 Randolph Avenue. (Uncontested)
21. Letter from the Office of the City Attorney announcing a hearing before the City Council on
December 11, 1996, to consider adverse action against licenses held by Komina, Inc., dba Marshall
Liquor, 2027 Marshall Avenue. (Uncontested)
22. Letter from the Office of the City Attorney announcing a hearing before the City Council on
December 11, 1996, to consider adverse action against licenses held by Park Service, Inc., 2277 Como
Avenue. (Uncontested)
23. Letter from the Office of the City Attorney announcing a hearing before the City Council on
December 11, 1996, to consider adverse action against licenses held by Pilney's Food Market, Inc., 1032
7th Street West. (Uncontested)
24. Letter from the Office of the City Attorney announcing a hearing before the City Council on
December 11, 1996, to consider adverse action against licenses held by Harry R. Schleeter, dba Buff N
Shine, Inc., 1340 7th Street West. (Uncontested)
25. Letter from the Office of the City Attorney announcing a hearing before the City Council on
December 11, 1996, to consider adverse action against licenses held by SuperAmerica Group, Inc., dba
SuperAmerica 44032, 1734 7th Street West. (Uncontested)
26. Letter from the Office of the City Attorney announcing a hearing before the City Council on
December 11, 1996, to consider adverse action against licenses held by Tim & Tom's Speedy Market,
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Inc., 2310 Como Avenue. (Uncontested)
27. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law
Judge to consider adverse action against licenses held by Credit Auto Sales, Inc., 859 University Avenue
West, on December 16, 1996, 9:30 a.m., Room 1503, City Hall Annex.
28. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law
Judge to consider adverse action against licenses held by Scanlon's Ace Box Bar & Pub, Inc., dba
Dublin Bar, 2162 University Avenue West, on December 18, 1996, 9:30 a.m., Room 220, Conference
Room B, Board of County Commissioners, City Hall.
29. Letter from Saint Paul Public Health declaring 787 Buffalo Street and 764 Fuller Avenue as
"nuisance property." (For notification purposes only; public hearings will be scheduled at a later date, if
necessary.)
30. Communication from Saint Paul Animal Control dated November 18, 1996, announcing a request
from the University of Minnesota Research Lab for unclaimed dogs and cats.
31. Administrative Orders:
. D001077 Amending the 1992 budget of the Capital Improvement Projects in Finance and
Management Services to reflect a transfer back to the Capital Improvement Bond Fund.
. D001078 Amending the 1996 budget in the Department of Public Works by transferring spending
authority within the Asphalt Plant Internal Service Fund.
. D001079 Addition of $25,790.68 to the contract for Shepard Road Debris Area Clean -up.
. D001080 Addition of $46,736.40 to the contract for Ramp Repairs and Waterproofing at Block
7A Parking Ramp, 13 West Exchange Street.
Noted as on file in the City Clerk's Office
32. Resolution - 96 -1433 - Approving the January 1, 1996 through December 31, 1997 Agreement
between Independent School District No. 625 and Local Union 844, District Council 14 of the American
Federation of State, County and Municipal Employees, AFL -CIO. (To be laid over one week for
adoption)
Laid over to December 4 for adoption
33. Resolution - 96 -1444 - Approving the January 1, 1996 through December 31, 1997 Agreement
between Independent School District No. 625 and Local Union 1842, District Council 14 of American
Federation of State County and Municipal Employees AFL -CIO. (To be laid over one week for
adoption)
Laid over to December 4 for adoption
34. Resolution - 96 -1445 - Approving the January 1, 1996 through December 31, 1997 Labor
Agreement between Independent School District No. 625 and the City of Saint Paul Manual and
Maintenance Supervisors Association. (To be laid over one week for adoption)
Laid over to December 4 for adoption
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35. Resolution - 96 -1446 - Approving the July 1, 1995 through June 30, 1997 Labor Agreement between
Independent School District No. 625 and District Lodge 77, International Association of Machinists and
Aerospace Workers AFL -CIO. (To be laid over one week for adoption)
Laid over to December 4 for adoption
36. Resolution - 96 -1447 - Approving the July 1, 1995 through June 30, 1997 Agreement between
Independent School District No. 625 and Minnesota Teamsters Local 320 representing Food Service
Personnel. (To be laid over one week for adoption)
Laid over to December 4 for adoption
37. Resolution - 96 -1448 - Approving the January 1, 1996 through June 30, 1998 Agreement between
Independent School District No. 625 and Minnesota School Employees Association representing
Classified Confidential Employees Association. (To be laid over one week for adoption)
Laid over to December 4 for adoption
38. Resolution - 96 -1449 - Approving the January 17, 1996 through April 30, 1997 Maintenance Labor
Agreement between Independent School District No. 625 and the United Union of Roofers,
Waterproofers and Allied Workers Local Union 96. (To be laid over one week for adoption)
Laid over to December 4 for adoption
39. Resolution - 96 -1450 - Approving the January 1, 1996 through June 30, 1997 Agreement between
Independent School District No. 625 and School Service Employees Local 4284, S.E.I.U. AFL -CIO,
representing Cook Managers (To be laid over one week for adoption)
Laid over to December 4 for adoption
40. Resolution - 96 -1451 - Approving the January 1, 1996 through December 31, 1997 Collective
Bargaining Agreement between Independent School District No. 625 and Saint Paul Supervisors
Organization. (To be laid over one week for adoption)
Laid over to December 4 for adoption
41. Resolution - 96 -1452 - Authorizing the City to receive an additional $30,000 in U.S. Department of
Justice funds that will be used to provide truancy reduction services for at -risk youth.
Adopted Yeas - 7 Nays - 0
42. Resolution - 96 -1453 - Finalizing City Council action taken September 11, 1996, denying the appeal
of Marvin Lundquist, dba Tires Plus, 1144 Larpenteur Avenue, to a condition imposed by the Planning
Commission relating to hours of operation.
Substitute introduced and adopted Yeas - 7 Nays - 0
43. Resolution - 96 -1454 - Finalizing City Council action taken September 11, 1996, granting the appeal
of Concerned Residents of Como Park to a decision of the Planning Commission granting a special
condition use permit to Marvin E. Lundquist /Tires Plus, 1144 Larpenteur Avenue, to allow an auto
specialty store.
Substitute introduced and adopted Yeas - 7 Nays - 0
44. Resolution - 96 -1455 - Entering into a grant agreement with the Minnesota Department of Public
Safety for the project entitled Safe & Sober Communities.
Laid over to December 11 Yeas - 7 Nays - 0
45. Resolution - 96 -1456 - Terminating the K -9 CIB remodeling /expansion project and returning
$130,000 to CIB contingency.
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Laid over to December 11 Yeas - 7 Nays - 0
46. Resolution - 96 -1457 - Requesting an extension of time to complete work being done on a building
at 1684 East Hyacinth Avenue.
Adopted Yeas - 7 Nays - 0
47. Resolution - 96 -1458 - Amending Council File 4230989 extending the vacation of part of the alley in
Block 1, Kiefer Park until such time as the encroaching structure shall be demolished.
Adopted Yeas - 7 Nays - 0
48. Resolution - 96 -1459 - Setting public hearing date for December 11, 1996, to consider increasing
Sewer Service Availability Charge (SAC) from $900.00 to $950.00 beginning January 1, 1997.
Adopted Yeas - 7 Nays - 0
49. Resolution - 96 -1460 - Authorizing the City to accept $8,300 from the Minnesota Department of
Economic Security to provide non - traditional employment and training services for women.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
50. 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 13)
Substitute introduced and laid over to December 18
Yeas - 7 Nays - 0
51. Resolution - 96 -1461 - Approving changes to the composition of the Neighborhood STAR Board,
changes regarding board selection, and conflict of interest and attendance.
Adopted as amended Yeas - 6 Nays -1 (Harris)
(Council President Thune was not present for the votes on Items 452 through suspension items)
52. Resolution - 96 -1462 - Approving 1997 changes to the Neighborhood STAR process.
Adopted as amended Yeas 5 Nays - 1 (Megard)
53. Resolution - 96 -1463 - Approving the 1997 policy changes to the Neighborhood STAR Program and
accepting the 1997 STAR Annual Report.
Adopted as amended Yeas - 6 Nays - 0
Amendments were made to Attachment A
Attachment B was submitted and amended
ORDINANCES
54. Final Adoption - 96 -1111 - An ordinance to amend Appendix A -11 of the Saint Paul Legislative
Code pertaining to notifications; standardizing notification requirements. (Laid over from October 30)
Failed Yeas - 0 Nays - 6
55. Final Adoption - 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 from October 30)
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Failed Yeas - 0 Nays - 6
56. Final Adoption - 96 -1114 - An ordinance to amend Chapter 401.03 of the Saint Paul Legislative
Code pertaining to licensing; standardizing public notification requirements. (Laid over from October
30)
Adopted Yeas - 6 Nays - 0
57. Final Adoption - 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 from October 30)
Adopted Yeas - 6 Nays - 0
58. Final Adoption - 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 from October 30)
Adopted Yeas - 6 Nays - 0
59. Final Adoption - 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 from October 30)
Amended and laid over to December 11 for final adoption
Yeas - 6 Nays - 0
60. Final Adoption - 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
from October 30)
Amended and laid over to December 11 for final adoption
Yeas - 6 Nays - 0
61. Final Adoption - 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
from October 30)
Failed Yeas - 0 Nays - 6
62. Final Adoption - 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 from October 30)
Failed Yeas - 0 Nays - 6
63. Final Adoption - 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 from November 13)
Laid over to December 11 Yeas - 6 Nays - 0
64. First Reading - 96 -1464 - An ordinance finalizing City Council action taken November 6, 1996,
approving the petition of Michael Osterman to rezone property at 1595 Dayton Avenue from RT -1 to P-
l.
Laid over to December 4 for second reading
65. First Reading - 96 -1465 - An ordinance to repeal Chapter 379 of the Saint Paul Legislative Code
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pertaining to Lock Opening Service licenses.
Laid over to December 4 for second reading
PUBLIC HEARINGS (Public hearings will begin at 4:30 p.m.)
66. 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 from
November 13)
Adopted Yeas - 6 Nays - 0
67. Resolution - 96 -1466 - Approving application for a State Class B Gambling Premise Permit by
Phillip C. Saari on behalf of TSE, Inc. at Sports Garden, 1638 Rice Street. (ID 413- 02069)
Adopted Yeas - 6 Nays - 0
68. Resolution - 96 -1467 - Approving application for a Gambling Manager's License by Daniel W.
Reitz, dba TSE, Inc. at Sports Garden, 1638 Rice Street. (ID 451287)
Adopted Yeas - 6 Nays - 0
69. Resolution - 96 -1468 - Approving application for a Bingo Hall License by Ronald J. Flanagan on
behalf of West 7th Street Bingo, 1026 West 7th Street. (ID 475238)
Adopted Yeas - 6 Nays - 0
70. Resolution - 96 -1469 - Approving application for a Liquor On Sale -B License by Santos
Corporation, dba Lacucaracha Restaurant, 36 Dale Street South. (ID 416383)
Adopted Yeas - 6 Nays - 0
71. Resolution - 96 -1470 - Approving application for an On Sale Malt (3.2) and Restaurant -B License
by Sgt Peppers Inc., dba Angelo's Pizza, 277 McKnight Road South. (ID 414447)
Adopted Yeas - 6 Nays - 0
72. Resolution - 96 -1471 - Approving application for a Gambling Location -C, Liquor On Sale -C,
Sunday On Sale Liquor, Entertainment -A, Off Sale Malt, Restaurant -B, and Cigarette License by JADW
Inc., dba Judy's Viaduct Inn, 1056 7th Street East. (ID 423970)
Adopted Yeas - 6 Nays - 0
73. Resolution - 96 -1472 - Approving application for a Liquor On Sale -Club License by Germanic-
American Institute, 301 Summit Avenue. (ID 419747)
Laid over to December 26 Yeas - 5 Nays - 0 (Guerin not present for vote)
74. Resolution - 96 -1473 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 968 Burr Street, 645 Lafond Avenue, 771 W. Hoyt
Avenue, 41 Miller Crest Lane, 265 Dayton Avenue, 596 Portland Avenue, 935 Goodrich Avenue 410,
and 2230 Carter Avenue.
Adopted as amended Yeas - 6 Nays - 0
968 Burr Street and 645 Lafond Avenue laid over to December 11
75. Resolution - 96 -1474 - Ordering the owner to remove or repair the property at 217 Cayuga Street
within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends approval)
Adopted Yeas - 6 Nays - 0
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76. Resolution - 96 -1475 - Ordering the owner to remove or repair the property at 414 Minnehaha
Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends the owner be granted 180 days to complete the repairs on the condition that the bond is
posted and permits obtained by November 27, 1996)
Adopted as amended (per recommendation of the Legislative Hearing Officer)
Yeas - 6 Nays - 0
77. Resolution - 96 -1476 - Ordering the owner to remove or repair the property at 616 Western Avenue
North within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 6 Nays - 0
78. Resolution - 96 -1477 - Ordering the owner to remove or repair the property at 351 Winifred Street
East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 6 Nays - 0
79. Resolution - 96 -1478 - Vacating part of the east -west alley in Block 40, St. Anthony Park North.
Adopted Yeas - 6 Nays - 0
80. Resolution - 96 -1479 - Concurring with action taken by the Board of Water Commissioners
establishing water rates for 1997.
Adopted Yeas - 6 Nays - 0
81. Resolution - 96 -1480 - Setting 1997 sanitary sewer rates and 1997 storm sewer system charges.
Adopted Yeas - 6 Nays - 0
82. Public hearing regarding petition alleging public nuisances at 1161 Norton Street and 1165 Norton
Street.
Resolution introduced and adopted Yeas - 5 Nays - 0 (Guerin not present for vote)
(See suspension item C.F. 96 -1500)
83. 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 from November 13)
Laid over to December 11 Yeas - 6 Nays - 0
84. Public hearing to consider the application of John Rodrigue to rezone property from OS -1 (office
space) to R -3 (single family residential) to allow the property at 484 and 486 Larpenteur Avenue West
to be used as single family residential.
Motion of intent - application granted Yeas - 6 Nays - 0
Suspension Items
Resolution - 96 -1500 - Referring the petition alleging public nuisances at 1161 Norton Street and 1165
Norton Street to Office of the City Attorney.
Adopted Yeas - 5 Nays - 0 (Guerin not present for vote)
Resolution - 96 -1501 - Scheduling a closed door session for December 11, 1996, 2:30 p.m., City
Council Conference Room, to consider strategy for labor negotiations.
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Adopted Yeas - 6 Nays - 0
Resolution - 96 -1502 - Approving application for a Liquor On Sale -B and Sunday On Sale Liquor
License by Cafe Da Vinci, Inc., 400 Sibley Street. (ID 418681)
Adopted Yeas - 6 Nays - 0
Resolution - 96 - 1503 - Requesting the Administration and the Wilder Foundation to provide a status
report on the community schools project to the City Council at its meeting on December 4, 1996.
Adopted Yeas - 6 Nays - 0
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