Minutes 11-6-1996Pagel of 8
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, November 6, 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 - 6 - Councilmembers Blakey, Bostrom, Harris, Megard, Rettman, Thune
Absent - 1 - Guerin (Arrived shortly after roll call)
Nancy Anderson, Assistant Secretary to the Council, read the following communication into the record:
Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on November 13, 1996, 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.
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
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(Councilmember Rettman was not present for the vote on the consent agenda)
1. Approval of minutes of October 2, 1996.
Adopted Yeas - 6 Nays - 0
2. Claims of Claire Coenen and Frank Thomas, Elizabeth Ann Griffith, Rosalia Jones, Daniel Love,
Northern States Power Company, and Michael Windey.
Referred to Risk/Employee Benefit Management Division
3. Summons and Complaint in the matter of Transamerica Financial Services Inc. vs. the City of Saint
Paul.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of Harvey Lee Eason vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
5. Order to Show Cause in the matter of the petition of Suburban Square Partners, LLP, in relation to
certificate of title issued for land described as Outlot A, Target -East St. Paul.
Referred to the City Attorney's Office
6. Letter from the Office of License, Inspections and Environmental Protection announcing a hearing
before an administrative law judge on November 6, 1996, 8:30 a.m., Ramsey County Courthouse Room
41, concerning Currency Exchange License Application of Capital Check Cashing, 477 Rice Street.
7. Letter from the Office of License, Inspections and Environmental Protection announcing a hearing
before an administrative law judge on November 6, 1996, 8:30 a.m., Ramsey County Courthouse Room
41, concerning Currency Exchange License Application of International Currency Exchange, 981 Payne
Avenue.
8. Letter from the Office of License, Inspections and Environmental Protection announcing a hearing
before an administrative law judge on November 6, 1996, 8:30 a.m., Ramsey County Courthouse Room
41, concerning Currency Exchange License Application of Ramsey Financial, 577 University Avenue.
9. Letter from the Office of License, Inspections and Environmental Protection announcing a hearing
before an administrative law judge on November 6, 1996, 8:30 a.m., Ramsey County Courthouse Room
41, concerning Currency Exchange License Application of the Unbank Company, 467 -469 St. Peter
Street.
10. Letter from the Office of License, Inspections and Environmental Protection announcing a hearing
before an administrative law judge on November 6, 1996, 8:30 a.m., Ramsey County Courthouse Room
41, concerning Currency Exchange License Application of the Unbank Company, 1098 University
Avenue.
11. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
November 13, 1996, to consider the report of the administrative law judge concerning adverse action
against licenses held by Rustelle Kujawa, dba Polyanesian Paradise Tanning, 1171 Jackson Street.
12. Letter from the Office of the City Attorney rescheduling the public hearing to November 13, 1996,
to consider the report of the administrative law judge concerning adverse action against licenses held by
Metro Bar & Grill, Inc., dba Arnellia's, 1183 University Avenue West.
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13. Letter from the Office of the City Attorney rescheduling the public hearing to December 4, 1996, to
consider the report of the administrative law judge concerning adverse action against licenses held by
Herbert L. Howe, dba Cozy Cantina, 202 Concord Street.
14. Letters from Saint Paul Public Health declaring 217 Cayuga Street, 414 Minnehaha Avenue East,
616 Western Avenue North, and 351 Winifred Street East as "nuisance properties" and setting date of
Legislative Hearings for November 19, 1996, and City Council Hearings for November 27, 1996.
15. Letter from Saint Paul Public Health declaring 784 Fourth Street East as "nuisance property." (For
notification purposes only; public hearing will be scheduled at a later date if necessary.)
16. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on November 13, 1996, 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.
17. Letter from the Real Estate Division announcing a public hearing before the City Council on
November 27, 1996, to consider the vacation of property located in City Council District 4, Planning
District 2 12, consisting of approximately the easterly 350 feet of the east -west alley in Block 40, St.
Anthony Park North, bounded by Bourne Avenue on the north, Eustis Street on the west and Carter
Street on the south and east.
Amended as noted
18. Communication from Saint Paul Animal Control dated October 28, 1996, announcing a request from
the University of Minnesota Research Lab for unclaimed dogs and cats.
19. Administrative Orders:
. D001065 Extending the contract time for the 35E/University CSSP Project
• D001066 Addition of $9,790 to the contract for Saint Paul Civic Center Expansion, CP -I
Demolition, Excavation & Bridge Construction- Parking Ramp.
• D001067 Addition of $6,539.00 to the contract for Saint Paul Civic Center Expansion, CP -4
Building Construction Multiscope- Parking Ramp.
• D001068 Amending the 1996 budget in the Office of Human Resources by transferring salary and
fringe benefits to Section level.
. D001069 Amending the 1996 budget in the Office of the City Attorney by transferring existing
spending authority to cover expenditures for the Modified Duty Worker Program for the last half
of 1996.
. D001070 Amending the 1996 budget in the Police Department by reallocating spending authority
in the Bureau of Justice Administration Automation Grant of the Police Special Projects Fund.
Noted as on file in the City Clerk's Office
20. Resolution - 96 -1358 - Approving the May 1, 1996 through April 30, 1999 Maintenance Labor
Agreement between Independent School District No. 625 and Sheet Metal Workers International
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Association. (Laid over from October 30 for adoption)
Adopted Yeas - 6 Nays - 0
21. Resolution - 96 -1374 - Approving the appointment of Anthony B. Harris as Assistant to the Mayor,
effective May 20, 1996.
Adopted Yeas - 6 Nays - 0
22. Resolution - 96 -1375 - Accepting a grant from the Bureau of Justice Administration to the Saint Paul
Police Department in the amount of $200,000 for continued funding of technological enhancement of its
internal computer system.
Adopted Yeas - 6 Nays - 0
23. Resolution - 96 -1376 - Approving and authorizing execution of a development agreement with the
Science Museum of Minnesota, a construction grant agreement with the State of Minnesota and other
necessary documents in connection with the Science Museum project.
Adopted as amended Yeas - 7 Nays - 0
Amendments were also made to the Agreement
24. Resolution - 96 -1377 - Approving the allocation of 1996 Emergency Shelter Grant funds received
from HUD.
Adopted Yeas - 6 Nays - 0
25. Resolution - 96 -1378 - Approving payment of $8,500 to Tom Egerman in full settlement of his claim
against the City of Saint Paul.
Adopted Yeas - 6 Nays - 0
26. Resolution - 96 -1379 - Finalizing City Council action taken October 2, 1996, denying the application
of Shirley M. Flatau to rezone property from RM -2 (residential) to B -2C (community business
converted) to allow a commercial use at 885 Grand Avenue.
Adopted Yeas - 6 Nays - 0
27. Resolution - 96 -1380 - Approving the release of temporary construction easements created by
Council File 4169272.
Adopted Yeas - 6 Nays - 0
28. Resolution - 96 -1381 - Declaring November 8, 1996, as Sam Miller Day in Saint Paul in celebration
of his 85th birthday.
Adopted Yeas - 6 Nays - 0
29. Preliminary Order - 96 -1382 - In the matter of improving the alleys in Knispel's Subdivision by
constructing storm sewer, catch basins and grading and paving with bituminous material (bounded by
Ohio, Page, Charlton and Sidney), and setting date of public hearing for January 8, 1997. (File 418836)
Adopted Yeas - 6 Nays - 0
30. Preliminary Order - 96 -1383 - In the matter of improving the alleys in Knispel's subdivision
(bounded by Ohio, Page, Charlton and Sidney), and setting date of public hearing for January 8, 1997.
(File 418836 -5)
Adopted Yeas - 6 Nays - 0
31. (No item)
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(Councilmember Guerin was excused from the meeting at this time)
FOR DISCUSSION
32. Resolution - 96 -1327 - Approving a financing and spending plan for the translation and printing of a
Spanish Resident's Guide. (Laid over from October 23)
Withdrawn
33. 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 October 23)
Laid over to November 13 Yeas - 6 Nays - 0
34. Resolution - 96 -1339 - Scheduling a public hearing for Local Law Enforcement Block Grant
Program. (Laid over from October 23)
Laid over to November 13 Yeas - 6 Nays - 0
35. 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 October 30)
Laid over to November 13 Yeas - 6 Nays - 0
ORDINANCES
36. Final Adoption - 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.
(Substitute introduced and amended October 23) (Amended and laid over from October 30)
Adopted Yeas - 6 Nays - 0
37. Second 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 13 for third reading /public hearing
38. Second Reading - 96 -1369 - An ordinance to repeal existing ordinances superseded by new Chapters
116 and 135. (Third reading /public hearing and Policy Session discussion will be held on November 20)
Laid over to November 20 for third reading /public hearing Yeas - 6 Nays - 0
39. Second Reading - 96 -1370 - An ordinance to enact a new Chapter 116 of the Saint Paul Legislative
Code to administer and regulate the public right -of -way in the public interest. (Third reading /public
hearing and Policy Session discussion will be held on November 20)
Laid over to November 20 for third reading /public hearing Yeas - 6 Nays - 0
40. Second Reading - 96 -1371 - An ordinance to enact a new Chapter 135 of the Saint Paul Legislative
Code to provide for the issuance and regulation of right -of -way permits. (Amended on October 30)
(Third reading /public hearing and Policy Session discussion will be held on November 20)
Laid over to November 20 for third reading /public hearing Yeas - 6 Nays - 0
41. Second Reading - 96 -1372 - An ordinance providing for the grant of franchises to
telecommunications companies upon the terms and conditions provided herein. (Third reading /public
hearing and Policy Session discussion will be held on November 20)
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Laid over to November 20 for third reading /public hearing Yeas - 6 Nays - 0
PUBLIC HEARINGS
42. To hear concerns and comments from the general public and interested organizations and groups
regarding City Service Levels proposed for 1997.
43. Third Reading - 96 -1341 - An ordinance granting the Port Authority the ability to issue bonds for the
Williams Hill project. (Companion to 96 -1337)
Laid over to November 13 for final adoption
44. Third Reading - 96 -1342 - An ordinance amending Chapters 60 and 62 of the Saint Paul Legislative
Code pertaining to zoning.
Laid over to November 13 for final adoption
45. Resolution - 96 -1385 - Approving application for a Second Hand Dealer -Motor Vehicle License by
Highland Auto Collision Center, 2042 7th Street. (ID 467380)
Adopted Yeas - 6 Nays - 0
46. Resolution - 96 -1386 - Approving application for an Auto Repair Garage License by Balcco
Enterprises, Inc., dba Meineke Discount Mufflers, 698 University Avenue. (ID 430048)
Adopted Yeas - 6 Nays - 0
47. Resolution - 96 -1387 - Approving application for a Second Hand Dealer -Motor Vehicle License by
Hartco, 545 University Avenue West. (ID 419960)
Adopted Yeas - 6 Nays - 0
48. Resolution - 96 -1388 - Approving application for a Cigarette, Gas Station, and Grocery -C License
by Reyes Group, Inc., dba Hazel Park Amoco, 1200 White Bear Avenue North. (ID 427473)
Adopted as amended Yeas - 6 Nays - 0
49. Resolution - 96 -1389 - Approving application for an Auto Repair Garage License by Richard Spatz,
dba Preferred Transmission, 1200 7th Street West. (ID 484905)
Adopted Yeas - 6 Nays - 0
50. Resolution - 96 -1390 - Approving application for an Auto Repair Garage License by Timothy
Brown, dba R T Automotive, 1054 Payne Avenue. (ID 450636)
Adopted Yeas - 6 Nays - 0
51. Resolution - 96 -1391 - Concerning adverse action against licenses held by Food -N -Fuel, 675 7th
Street West. (Uncontested)
Adopted Yeas - 6 Nays - 0
52. Resolution - 96 -1392 - Concerning adverse action against licenses held by Jestpama, Inc., dba East
Side Liquor Store, 1361 Maryland Avenue East. (Uncontested)
Laid over to November 13 Yeas - 6 Nays - 0
53. Resolution - 96 -1393 - Concerning adverse action against licenses held by Seventh Street Liquor,
Inc., dba Seventh Street Liquor, 665 7th Street West. (Uncontested)
Adopted Yeas - 6 Nays - 0
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54. Resolution - 96 -1394 - Concerning adverse action against Taxicab Driver's License held by Dennis
Kinniebrew, 1063 Norton Street. (Uncontested)
Adopted Yeas - 6 Nays - 0
55. Resolution - 96 -1395 - Concerning adverse action against Taxicab Driver's License held by William
J. Nelson 993 Marion Street. (Uncontested)
Adopted Yeas - 6 Nays - 0
56. Resolution - 96 -1396 - Approving the recommendation of the Administrative Law Judge and the
Office of LISP to renew the currency exchange license held by New Money Express Inc., 785 East
Seventh Street.
Adopted Yeas - 6 Nays - 0
57. Resolution - 96 -1397 - Approving the recommendation of the Administrative Law Judge and the
Office of LISP to renew the currency exchange license held by Check Express Minnesota, 1532
University Avenue West, 4100.
Adopted Yeas - 6 Nays - 0
58. Resolution - 96 -1398 - Approving the settlement agreement and providing consent to the transfer of
control of Continental Cablevision Saint Paul from Continental Cablevision, Inc. to U.S. West, Inc.
Laid over to November 13 for continuation of public hearing Yeas - 6 Nays - 0
59. 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 to November 13 for continuation of public hearing Yeas - 6 Nays - 0
60. Final Order - 95 -1403 - In the matter of improving Ohio Street from George Street to Annapolis
Street. (File 418800) (Recalled and laid over from September 4)
Adopted Yeas - 6 Nays - 0
61. Final Order - 95 -1404 - In the matter of construction and /or repair of sanitary sewer, storm sewer
and /or water service connections, if requested by the property owner, in conjunction with improving
Ohio Street from George Street to Annapolis Street. (File 418800 -Conn) (Recalled and laid over from
September 4)
Adopted Yeas - 6 Nays - 0
62. Final Order - 96 -1399 - In the matter of approving construction of street paving and new lighting in
connection with the Page /Cherokee Area Street Paving and Lighting Project. (File 418801)
Adopted Yeas - 6 Nays - 0
63. Final Order - 96 -1400 - In the matter of approving storm sewer, sanitary and water connections at
the property owner's request in conjunction with the Page /Cherokee Area Residential Street Paving
Program. (File 418806)
Adopted Yeas - 6 Nays - 0
64. Resolution Ratifying Assessment - 96 -1401 - In the matter of repair of sanitary sewer connections at
218 Goodrich Avenue. (File 4SSA96091) (Laid over from October 2)
Adopted Yeas - 6 Nays - 0
65. 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
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Street Bridge Construction Project. (File 418832)
Laid over to November 13 Yeas - 6 Nays - 0
66. Public hearing to consider the appeal of James LeClair to a decision of the Board of Zoning Appeals
denying a size and height variance to allow construction of a 34 by 36 foot (1,200 sq. ft.) detached
garage with a height of 16 feet at 1256 Eleanor Avenue.
Motion of intent - Appeal granted with condition Yeas - 6 Nays - 0
67. Public hearing to consider the application of Michael Osterman to rezone property from RT -1
(residential) to P -1 (parking) to allow parking for an auto body repair shop at 1595 Dayton Avenue
(north side between Snelling Avenue and Fry Street)
Motion of intent - Application granted Yeas - 6 Nays - 0
MISCELLANEOUS
68. Presentation of the Colors by Humboldt High School Army JROTC.
Suspension Items
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 October 23)
Laid over to November 13 for public hearing Yeas - 6 Nays - 0
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 to November 13 Yeas - 6 Nays - 0
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