Minutes 12-11-1996Page 1 of 11
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, December 11, 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 - Councilmembers 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. Claims of Phyllis Anderson, Robert Beckers, Jessica Hunt, Mikel Martin, Elihu Moore, Jimmie
Owens, and DeAundres Wilson.
Referred to Risk/Employee Benefit Management Division
2. Summons and Complaint in the matter of 2145 Limited Liability Partnership vs. the City of Saint
file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112732 \Minutes 12- 11 -19... 12/15/2010
Page 2 of 11
Paul, et al.
Referred to the City Attorney's Office
3. Third Party Summons, Complaint and Counter Claim in the matter of Jesse Gabriel Metzdorf and
Cindy Smythe vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
4. Order for Temporary Injunction and Amended Complaint in the matter of Ramsey County vs. the City
of Saint Paul.
Referred to the City Attorney's Office
5. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on December 26, 1996, to consider the appeal of Peter Lobinsky to a decision of
the Planning Commission denying a special condition use permit to allow outdoor sales of automobiles
at 672 Arcade Street.
6. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on December 20, 1996, 9:30 a.m., Room 42 City Hall, to consider the application for licenses by Private
Protection, Inc., dba People's Choice, 920 Selby Avenue.
7. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on January 14, 1997, 9:30 a.m., Room 41, City Hall, to consider four taxicab licenses issued to C.I.N.,
Inc. and J.N.J., Inc.
8. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on January 27, 1997, 9:30 a.m., Room 40 -A City Hall, to consider adverse action against licenses held
by Olson Brother Liquors, Inc., 678 University Avenue West.
9. Letter from the Real Estate Division announcing a public hearing before the City Council on January
8, 1997, to consider the vacation of Leland Street southeasterly of Benson Street and Partner Street
southwesterly of Leland Street in order for adjoining property owners to build an addition to their
existing building.
10. Letter from the Real Estate Division announcing a public hearing before the City Council on January
8, 1997, to consider the vacation of Waseca Street from the north side of Robie Street to the south side
of George Street in order for adjoining property owners to have adequate space for their planned garages
and driveways.
11. Letters from Saint Paul Public Health declaring 689 Conway Street and 1472 Thomas Avenue as
"nuisance properties." (For notification purposes only; public hearings will be scheduled at a later date if
necessary.)
12. Communication from Saint Paul Animal Control dated December 2, 1996, announcing a request
from the University of Minnesota Research Lab for unclaimed dogs and cats.
13. Administrative Orders:
file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112732 \Minutes 12- 11 -19... 12/15/2010
Page 3 of 11
. D001081 Authorizing payment, not to exceed $800.00, for refreshments for Police Department
training workshops in December.
. D001082 Approving Addendum II to Lease Agreement LIB /1 providing office space in the
Hamline Branch Library for Hamline- Midway Area Rehabilitation Corporation.
. D001083 Addition of $78,819.24 to the contract for Como -Arona Sewer and Paving project.
. D001084 Amending the budget of the Community Development Block Grant fund in the
Department of Planning and Economic Development.
Noted as on file in the City Clerk's Office
14. Resolution - 96 -1481 - Approving the appointments of Altin Paulson and Xang Vang and the
reappointment of Jill Danner, by Mayor Coleman, to the Saint Paul Parks and Recreation Commission.
(Laid over from December 4 for adoption)
Adopted Yeas - 7 Nays - 0
15. Resolution - 96 -1483 - Approving the transfer of $179,240 from Council Contingency Code to the
Municipal Equipment Fund for purchase of Fleet Management Information System hardware and
software. (Laid over from December 4)
Adopted Yeas - 7 Nays - 0
16. Resolution - 96 -1434 - Proposed support of Legislative efforts of outside groups and organizations
during the 1997 Legislative Session.
Laid over to December 18 (policy discussion)
Yeas - 6 Nays - 0 (Rettman not present for vote)
17. Resolution - 96 -1435 - Proposed City Initiatives for the 1997 Legislative Session.
Amended and laid over to December 18 (policy discussion)
Yeas - 6 Nays - 0 (Rettman not present for vote)
18. Resolution - 96 -1436 - Supporting the Department of Human Rights' adoption of new hiring goals
for all City construction projects over $50,000.
Adopted Yeas - 7 Nays - 0
19. Resolution - 96 -1437 - Approving the sale of two surplus animals to Florida's Gulfarium and eight
surplus zoo animals to appropriate zoological organizations.
Adopted Yeas - 7 Nays - 0
20. Resolution - 96 -1438 - Approving changes to the 1996 Police budget and accepting and thanking the
3M Company for the donation of a Pan Disrupter.
Adopted Yeas - 7 Nays - 0
21. Resolution - 96 -1439 - Authorizing spending funds which are part of a $200,000 grant from COPS
file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112732 \Minutes 12- 11 -19... 12/15/2010
Page 4 of 11
MORE to enhance the Police Department's computer network.
Adopted Yeas - 7 Nays - 0
22. Resolution - 96 -1440 - Accepting a Public Housing Drug Elimination Program grant in the amount
of $694,589 to the Saint Paul Police ACOP program.
Adopted Yeas - 7 Nays - 0
23. Resolution - 96 -1441 - Authorizing the Police Department to submit a grant application to the
National Institute of Justice for computer -based training for law enforcement academies, in- service and
other specialized service training needs.
Adopted Yeas - 7 Nays - 0
24. Resolution - 96 -1442 - Approving a preliminary and final plat for the property at 2110 -2120, 2078-
2082 Ford Parkway.
Adopted Yeas - 7 Nays - 0
25. Resolution - 96 -1443 - Approving the 1997 contract with City and Convention and Visitors Bureau
to spend Hotel/Motel tax receipts.
Adopted Yeas - 7 Nays - 0
26. Resolution - 96 -1505 - Authorizing City signatures on a contract between the City of Saint Paul,
acting through Saint Paul Health and the City of Minneapolis, Department of Health and Family
Support.
Adopted Yeas - 7 Nays - 0
27. Resolution - 96 -1506 - Requesting an extension of time to complete work on a structure being
repaired at 240 East Morton.
Adopted Yeas - 7 Nays - 0
28. Resolution - 96 -1507 - Approving receipt and expenditure of $30,000 for costs associated with the
transfer of ownership of the cable system from Continental Cablevision to U.S. West.
Adopted Yeas - 7 Nays - 0
29. Resolution - 96 -1508 - Granting authority to the Accounting Division to record financing and
appropriations budget adjustments to record the effect of actual securities lending revenues and
expenditures /expenses at year end.
Adopted Yeas - 7 Nays - 0
30. Resolution - 96 -1509 - Approving the acquisition of Lots 1 through 4, Brenner Addition No. 2, in
connection with the Phalen Wetland Restoration Project.
file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112732 \Minutes 12- 11 -19... 12/15/2010
Page 5 of 11
Adopted Yeas - 7 Nays - 0
31. Resolution - 96 -1510 - Approving 1996 year -end budget adjustments.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
32. Resolution - 96 -1455 - Entering into a grant agreement with the Minnesota Department of Public
Safety for the project entitled Safe & Sober Communities. (Laid over from November 27)
Adopted Yeas - 7 Nays - 0
33. Resolution - 96 -1456 - Terminating the K -9 CIB remodeling /expansion project and returning
$130,000 to CIB contingency. (Laid over from November 27)
Laid over to December 26 Yeas - 7 Nays - 0
34. Resolution - 96 -1511 - Recognizing the members of the Living Wage Task Force.
Adopted Yeas - 7 Nays - 0
35. Resolution - 96 -1512 - Accepting and adopting the policy recommendations of the Joint Saint Paul -
Minneapolis Living Wage Task Force.
Laid over to December 26 Yeas - 7 Nays - 0
36. Resolution - 96 -1513 - Approving new policy language for the City- County Public Health
Department Joint Powers Agreement.
Adopted Yeas - 5 Nays - 0 (Guerin & Harris not present for vote)
ORDINANCES
37. Final Adoption - 96 -1117 - An ordinance amending Sections 409.11 of the Saint Paul Legislative
Code pertaining to Licensing. (Amended and laid over from November 27)
Adopted Yeas - 7 Nays - 0
38. Final adoption - 96 -1118 - An ordinance amending Sections 410.07 of Chapter 410, Nonintoxicating
Malt Liquor, of the Saint Paul Legislative Code pertaining to Licensing. (Amended and laid over from
November 27)
Adopted Yeas - 7 Nays - 0
39. 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.
file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112732 \Minutes 12- 11 -19... 12/15/2010
Page 6 of 11
(Laid over from November 27)
Adopted Yeas - 7 Nays - 0
40. Final Adoption - 96 -1369 - An ordinance to repeal existing ordinances superseded by new Chapters
116 and 135.
Adopted Yeas - 7 Nays - 0
41. Final Adoption - 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. (Amended December 4,
1996)
Adopted Yeas - 7 Nays - 0
42. Final Adoption - 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 December 4)
Adopted Yeas - 7 Nays - 0
43. Final Adoption - 96 -1372 - An ordinance providing for the grant of franchises to
telecommunications companies upon the terms and conditions provided herein. (Amended December 4)
Adopted Yeas - 6 Nays -1 (Thune)
44. Third Reading - 96 -1464 - An ordinance finalizing City Council action approving the petition of
Michael Osterman to rezone property at 1595 Dayton Avenue from RT -1 to P -1. (Public hearing held
November 6, 1996)
Laid over to December 26 for final adoption
45. Second Reading - 96 -1486 - An ordinance repealing Chapter 140.01 of the Saint Paul Legislative
Code dealing with Skyway Governance Committee.
Laid over to December 26 for third reading /public hearing
46. Second Reading - 96 -1504 - An ordinance repealing C.F. 496 -1341 and substituting this ordinance
granting authority to the Port Authority of the City of Saint Paul to issue and sell bonds in the aggregate
principle amount not to exceed $6,150,000.
Laid over to December 26 for third reading /public hearing
PUBLIC HEARINGS (Public hearings will begin at 4:30 p.m.)
47. Third Reading - 96 -1465 - An ordinance to repeal Chapter 379 of the Saint Paul Legislative Code
pertaining to Lock Opening Service licenses.
Laid over to December 26 for final adoption
file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112732 \Minutes 12- 11 -19... 12/15/2010
Page 7 of 11
48. Resolution - 96 -1514 - Approving application for a Gambling Manager's License by Lee J. Hoffman,
dba Multiple Sclerosis Society, at Campus Sports Grill & Night Club, 2554 Como Avenue. (ID 425364)
Adopted Yeas - 6 Nays - 0 (Reitman not present for vote)
49. Resolution - 96 -1515 - Approving application for a State Class B Gambling Premise Permit by
Willard M. Munger, Jr., on behalf of Multiple Sclerosis Society, at Campus Sports Grill & Night Club,
2554 Como Avenue. (ID 413- 00562)
Adopted Yeas - 6 Nays - 0 (Reitman not present for vote)
50. Resolution - 96 -1516 - Approving application for a State Class B Gambling Premise Permit by
Barbara Kale, on behalf of Midway Training Services, Inc., at Amelia's, 175 E. 5th Street, Suite 312. (ID
#B- 02422)
Laid over to December 26 Yeas - 6 Nays - 0 (Rettman not present for vote)
51. Resolution - 96 -1517 - Approving application for a Gambling Manager's License by Michael J.
Michlitsch, dba Midway Training Services, Inc., at Amelia's, 175 East 5th Street, Suite 312. (ID 463382)
Laid over to December 26 Yeas - 6 Nays - 0 (Rettman not present for vote)
52. Resolution - 96 -1518 - Approving application for a Cigarette, Liquor On Sale -B, Sunday On Sale
Liquor, Entertainment -A, and Restaurant -B License by Cobes and Duff LLC, dba Lowertown Bar and
Grill, 175 5th Street East. (ID 438865)
Adopted Yeas - 6 Nays - 0 (Rettman not present for vote)
53. Resolution - 96 -1519 - Approving application for a State Class B Gambling Premise Permit by
Kenneth Guenthner, on behalf of MN Amateur Rugby Foundation, at Paul's Lounge, 1045 Hudson
Road. (ID 413- 03177)
Adopted Yeas - 6 Nays - 0 (Rettman not present for vote)
54. Resolution - 96 -1520 - Approving application for a Gambling Manager's License by Paul E.
Johnson, dba MN Amateur Rugby Foundation, at Paul's Lounge, 1045 Hudson Road. (ID 487282)
Adopted Yeas - 6 Nays - 0 (Rettman not present for vote)
55. Resolution - 96 -1521 - Approving application for a State Class B Gambling Premise Permit by Mary
Alice Powell on behalf of Twin Cities Autism Society at Cab's Pub, 992 Arcade Street. (ID 413- 05083)
Laid over to December 26 Yeas - 6 Nays - 0 (Rettman not present for vote)
56. Resolution - 96 -1522 - Approving application for a Gambling Manager's License by William R.
Schwartz, dba Twin Cities Autism Society, at Cab's Pub, 992 Arcade Street. (ID 420676)
Laid over to December 26 Yeas - 6 Nays - 0 (Rettman not present for vote)
57. Resolution - 96 -1490 - Concerning adverse action against licenses held by Knowlan's Super
file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112732 \Minutes 12- 11 -19... 12/15/2010
Page 8 of 11
Markets, Inc., 1326 Randolph Avenue. (Uncontested) (Laid over from December 4)
Adopted Yeas - 7 Nays - 0
58. Resolution - 96 -1523 - Concerning adverse action against licenses held by Harry R. Schleeter, dba
Buff N Shine, Inc., 1340 7th Street West. (Uncontested)
Adopted Yeas - 7 Nays - 0
59. Resolution - 96 -1524 - Concerning adverse action against licenses held by Pilney's Food Market,
Inc., 1032 7th Street West. (Uncontested)
Adopted Yeas - 7 Nays - 0
60. Resolution - 96 -1525 - Concerning adverse action against licenses held by Thomas J. Wang and
Phoebe W. Wang, dba Dannecker's Supermarket, 793 Randolph Avenue. (Uncontested)
Adopted Yeas - 7 Nays - 0
61. Resolution - 96 -1526 - Concerning adverse action against licenses held by Ciatti's Inc., dba Ciatti's
Italian Restaurant, 850 Grand Avenue. (Uncontested)
Adopted Yeas - 7 Nays - 0
62. Resolution - 96 -1527 - Concerning adverse action against licenses held by SuperAmerica, Inc., dba
SuperAmerica 44032, 1734 7th Street West. (Uncontested)
Adopted Yeas - 7 Nays - 0
63. Resolution - 96 -1528 - Concerning adverse action against licenses held by Tim & Tom's Speedy
Market, Inc., 2310 Como Avenue. (Uncontested)
Adopted Yeas - 7 Nays - 0
64. Resolution - 96 -1529 - Concerning adverse action against licenses held by Park Service Inc., 2277
Como Avenue. (Uncontested)
Adopted Yeas - 7 Nays - 0
65. Resolution - 96 -1530 - Concerning adverse action against licenses held by C & T Enterprises, Inc.,
dba Como /Raymond Standard, 2102 Como Avenue. (Uncontested)
Adopted Yeas - 7 Nays - 0
66. Resolution - 96 -1531 - Concerning adverse action against licenses held by The Cromwell, Inc., dba
Cromwell Bar & Restaurant, 2511 University Avenue West. (Uncontested)
Adopted Yeas - 7 Nays - 0
67. Resolution - 96 -1532 - Concerning adverse action against licenses held by Eddleston Enterprises,
file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112732 \Minutes 12- 11 -19... 12/15/2010
Page 9 of 11
Inc., dba Johnny's Cocktail Lounge, 2251 University Avenue West. (Uncontested)
Adopted Yeas - 5 Nays -1 (Blakey) (Rettman not present for vote)
68. Resolution - 96 -1533 - Concerning adverse action against licenses held by Komina, Inc., dba
Marshall Liquor, 2027 Marshall Avenue. (Uncontested)
Adopted Yeas - 6 Nays - 0 (Rettman not present for vote)
69. Resolution - 96 -1534 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 592 Portland Avenue, 360 -362 Fuller Avenue, 266 E.
Seventh Street, 855 Woodbridge Street, 810 Concordia Avenue, 1336 Hewitt Avenue, 1201 Edgerton
Street, 1193 Laurel Avenue, 149 E. Morton Avenue, 1339 Sherburne Avenue, 290 Dayton Avenue, and
1621 Marshall Avenue.
Adopted as amended Yeas - 6 Nays - 0 (Rettman not present for vote)
266 E. Seventh Street laid over to February 5
1339 Sherburne Avenue amended
855 Woodbridge Street reconsidered and laid over to December 26
Yeas - 7 Nays - 0
70. Resolution - 96 -1535 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 968 Burr Street. (Laid over from November 27)
Adopted as amended Yeas - 6 Nays - 0 (Thune not present for vote)
71. Resolution - 96 -1536 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 645 Lafond Avenue. (Laid over from November 27)
Adopted as amended Yeas - 6 Nays - 0 (Thune not present for vote)
72. Resolution - 96 -1537 - Ordering the owner to remove or repair the building at 581 Forest Street
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 the bonds are posted and permits
obtained by December 11, 1996.)
Laid over to December 26 Yeas - 6 Nays - 0 (Rettman not present for vote)
73. Resolution - 96 -1538 - Ordering repair of a hazardous retaining wall on privately held property at
586 Wheelock Parkway West. (Legislative Hearing Officer recommends adopting the resolution
authorizing a substantial abatement process)
Laid over to December 26 Yeas - 6 Nays - 0 (Thune not present for vote)
74. Appeal of Richard L. & Cecilia M. Runyon to a summary abatement order for property at 1302 Earl
Street. (Legislative Hearing Officer recommends denying the appeal)
file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112732 \Minutes 12- 11 -19... 12/15/2010
Page 10 of 11
Appeal denied Yeas - 6 Nays - 0 (Rettman not present for vote)
75. Final Order - 96 -1539 - In the matter of assessments for the Morgan /Edgcumbe Area Street Paving
and Lighting Project. (File 418834)
Substitute introduced and adopted Yeas - 6 Nays - 0 (Rettman not present for vote)
76. Final Order - 96 -1540 - In the matter of assessments for construction of storm sewer connections,
sanitary sewer connections, and /or water service connections, when requested by the property owner, in
connection with the Morgan /Edgcumbe Area Street Paving and Lighting Project. (File 418835)
Adopted Yeas - 6 Nays - 0 (Rettman not present for vote)
77. Final Order - 96 -1541 - In the matter of improving Shepard Road from Randolph Avenue to Jackson
Street. (File 418837)
Adopted as amended Yeas - 7 Nays - 0
78. Resolution - 96 -1542 - Approving the increase for Sewer Service Availability Charge (SAC) from
$900.00 to $950 beginning January 1, 1997.
Adopted Yeas - 6 Nays -1 (Harris)
79. Resolution - 96 -1543 - 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.
Adopted Yeas - 7 Nays - 0
80. Resolution - 96 -1544 - Approving conveyance to KB Fund III of certain City -held common areas in
order to facilitate the revitalization of Town Square.
Substitute introduced, amended and adopted Yeas - 7 Nays - 0
81. 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 27)
Laid over to December 18 Yeas - 7 Nays - 0
Suspension Items
Resolution - 96 -1545 - Approving application for a Sunday On Sale Liquor, Liquor On Sale -B,
Entertainment -B, and Restaurant -B License by Great Waters Brewing Company, dba Great Waters
Brewing Company, dba Great Waters Brewing Company, 426 St. Peter Street. (ID 414581)
Adopted Yeas - 5 Nays - 0 (Guerin & Harris not present for vote)
Resolution - 96 -1546 - Requesting the Director of Public Works to propose a permit fee schedule for
excavation and obstruction within 90 days following the effective date of the ordinance adopting new
Chapter 135 of the Legislative Code.
file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112732 \Minutes 12- 11 -19... 12/15/2010
Page 11 of 11
Adopted Yeas - 7 Nays - 0
Resolution - 96 -1547 - Authorizing various City officials and staff to clarify the terms and conditions of
a potential agreement for the use of a facility with a NHL team.
Laid over to December 18 Yeas - 6 Nays - 1 (Rettman)
Resolution - 96 -1548 - Scheduling a City Council closed meeting on December 18, 1996, at 2:30 p.m.,
Northwest Conference Room, 310 City Hall, to consider strategy for labor negotiations.
Adopted Yeas - 7 Nays - 0
MISCELLANEOUS
82. Presentation of Workforce Development Council Youth Awards.
file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_112732 \Minutes 12- 11 -19... 12/15/2010