Minutes 12-26-1996Page 1 of 7
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Thursday, December 26, 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 November 20, 1996.
Adopted Yeas - 7 Nays - 0
2. Claims of American Family Insurance (for Anthony & Sylvia Mosley), Gabriel Aguirre, Bart
Anderson, Lisa Butler, James Jorgensen, Khanh Duy Ngo, David Olson, Patricia Olson, Mary & Stanley
Sandifer, William Schultz, Tom Stelter, and Joseph Tuckner.
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Referred to Risk/Employee Benefit Management Division
3. Letter from the Real Estate Division announcing a public hearing before the City Council on January
8, 1997, to consider the vacation of parts of Montreal Avenue in Government Lot 3, Section 14,
Township 28, Range 23, located in City Council District 2, Planning District 9, to develop Crosby Lake
Business Park.
4. Letter from the Office of the City Attorney rescheduling the December 26, 1996, public hearing, to a
time to be announced, concerning licenses held by Mary P. Fasching, dba M.F. Automotive, 1728 Selby
Avenue.
5. Letter from the Office of the City Attorney announcing a hearing before the City Council on January
2, 1997, to consider the report of the administrative law judge concerning adverse action against licenses
held by Sharon Casselman, dba Home Sweet Home Antiques, 941 Grand Avenue.
6. Letter from the Office of the City Attorney announcing a hearing before the City Council on January
2, 1997, to consider the report of the administrative law judge concerning adverse action against licenses
held by Laro, Inc., dba Patrick's Lounge, 1318 Larpenteur Avenue West.
7. Letter from the Office of the City Attorney announcing a hearing before an administrative law judge
on January 6, 1997, 9:30 a.m., Room 1503, City Hall Annex, to consider adverse action against licenses
held by E. & K. Corporation, dba Checker's Nite Club, 1066 7th Street East.
8. Letter from the Office of the City Attorney announcing a hearing before an administrative law judge
on January 9, 1997, 9:30 a.m., Room 42, Saint Paul City Hall, to consider adverse action against licenses
held by Lewis Stevens, dba Civic Center Auto Service, 459 Toronto Street.
9. Letters from Saint Paul Public Health declaring 872 Dayton Avenue as "nuisance property ". (For
notification purposes only; public hearing will be scheduled at a later date if necessary.)
10. Administrative Orders:
. D001098 Amending the 1996 Debt Service budget in the Department of Finance and Management
Services.
. D001099 Amending the 1996 budget in the Division of Parks and Recreation to reflect proper
spending authority for anticipated year -end expenditures.
. D001100 Amending the 1996 budget in the Division of Parks and Recreation Special Services
Enterprise Fund.
. D001101 Amending the 1996 budget in the Division of Parks and Recreation by amending the
spending plan of Watergate Marina Enterprise Fund.
Noted as on file in the City Clerk's Office
11. Resolution - 96 -1575 - Approving the February 1, 1996 through January 31, 1998 tentative
agreement between the City of Saint Paul and the International Alliance of Theatrical Stage Employees,
Local No. 20. (To be laid over one week for adoption)
Laid over to January 2 for adoption
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12. Resolution - 96 -1576 - Suspending the license of HRV, Inc., dba Conroy's, 499 Payne Avenue for
delinquent taxes owed to the State of Minnesota.
Adopted Yeas - 7 Nays - 0
13. Resolution - 96 -1577 - Finalizing City Council action taken September 25, 1996, denying the appeal
of Ian T. Ball to a decision of the Board of Zoning appeals pertaining to LaCucaracha Restaurant, 36
Dale Street South, and adding conditions.
Adopted Yeas - 7 Nays - 0
14. Resolution - 96 -1578 - Finalizing City Council action taken November 13, 1996, revoking the
license held by Rustelle Kujawa, dba Polyanesian Paradise Tanning, 1171 Jackson Street.
Adopted Yeas - 7 Nays - 0
15. Resolution - 96 -1579 - Finalizing City Council action taken December 4, 1996, granting the
application for a license to Raymond Hessler, dba Smith Avenue Rental Hall, 627 Smith Avenue South.
Adopted Yeas - 7 Nays - 0
16. Resolution - 96 -1580 - Finalizing City Council action taken August 28, 1996, denying the license
application by the Cameroon Group, LLC, dba Smith Avenue Rental Hall, 627 Smith Avenue South.
Adopted Yeas - 7 Nays - 0
17. Resolution - 96 -1581 - Allowing the Mayor's Office to accept and display artwork from Public Arts
Saint Paul.
Adopted Yeas - 7 Nays - 0
18. Resolution - 96 -1582 - Accepting a grant in the amount of $75,709.00 from the Minnesota
Department of Children, Families and Learning for the Police Department's enhancement of the Juvenile
Unit's information system utilizing the SUISS system.
Adopted Yeas - 7 Nays - 0
19. Resolution - 96 -1583 - Authorizing payment of $2,628.80 to American Family Insurance, as
subrogee for Julie Lindberg, in full settlement of their claim against the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
20. Resolution - 96 -1584 - Authorizing the use of fund balance for repairs to the Japanese Garden Tea
House.
Adopted Yeas - 7 Nays - 0
21. Resolution - 96 -1585 - Amending the St. Paul /Ramsey County Print Central budget to recognize
additional revenues and expenses.
Adopted Yeas - 7 Nays - 0
22. Resolution - 96 -1586 - Approving the final plat for property at 2160 Highwood Avenue.
Adopted Yeas - 7 Nays - 0
23. Resolution - 96 -1587 - Amending the spending and financing plans of the 1991 -1992 CSSP Project
accounts with surplus balances and transferring these balances into 1994 and 1995 CSSP project
accounts.
Adopted Yeas - 7 Nays - 0
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24. Resolution - 96 -1588 - Increasing spending authority in the Winter Street Maintenance activity of
the Street Repair and Cleaning Special Revenue Fund to provide for completion of the 1996 program
through December 31, 1996.
Substitute introduced and adopted Yeas - 7 Nays - 0
25. Resolution - 96 -1589 - Canceling and rescinding a Final Order for a water main that was never
constructed at 443 Fisk Street.
Adopted Yeas - 7 Nays - 0
26. Resolution - 96 -1590 - Authorizing a ten -year lease agreement through September 30, 2006, of
vacant land at 830 Channel Road for storing impounded autos.
Adopted Yeas - 7 Nays - 0
27. Resolution - 96 -1591 - Correcting the assessment amount for 1323 Barclay Street.
Adopted Yeas - 7 Nays - 0
28. Resolution - 96 -1592 - Declaring C.F. 4262656 null and void and rescinding the vacation of a part of
St. Albans Street.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
29. Resolution - 96 -1456 - Terminating the K -9 CIB remodeling /expansion project and returning
$130,000 to CIB contingency. (Laid over from December 11)
Adopted as amended Yeas - 7 Nays - 0
30. Resolution - 96 -1512 - Accepting and adopting the policy recommendations of the Joint Saint Paul -
Minneapolis Living Wage Task Force. (Laid over from December 11)
Laid over to January 2 Yeas - 7 Nays - 0
31. 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 from December 11)
Laid over to January 8 Yeas - 7 Nays - 0
32. Resolution - 96 -1561 - Approving a Lease Purchase Agreement for the Science Museum Project.
(Laid over from December 18)
Substitute introduced and laid over to January 2 Yeas - 7 Nays - 0
33. Resolution - 96 -1562 - Approving an amendment to the "Science Museum -City and State
Contribution" project in the 1996 Capital Improvement Budget. (Laid over from December 18)
Laid over to January 2 Yeas - 7 Nays - 0
34. Resolution - 96 -1563 - Accepting the offer of the Minnesota Public Facilities Authority to purchase
a $1,500,000 General Obligation Sewer Revenue Note of 1996, provide for its issuance and authorize
execution of a project loan agreement. (Laid over from December 18)
Adopted Yeas - 7 Nays - 0
35. Resolution - 96 -1332 - Restricting the City from financially supporting sporting facilities or
franchises if the subsidy is more than one million dollars. (Substitute introduced and laid over from
December 18)
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Adopted as amended Yeas - 7 Nays - 0
36. 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 from December
18)
Adopted Yeas - 7 Nays - 0
37. Resolution - 96 -1593 - Scheduling a public hearing before the City Council on Wednesday, January
8, 1997, at 4:30 p.m., to take testimony from applicants and other interested members of the public for
the Councilmember vacancy in Ward 7 at the conclusion of which the City Council will begin its
process for determining who will fill the vacancy.
Adopted Yeas - 7 Nays - 0
ORDINANCES
38. Final Adoption - 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.
Adopted Yeas - 7 Nays - 0
39. Final Adoption - 96 -1465 - An ordinance to repeal Chapter 379 of the Saint Paul Legislative Code
pertaining to Lock Opening Service licenses.
Failed Yeas - 3 Nays - 4 (Blakey, Bostrom, Rettman, Thune)
40. First Reading - 96 -1594 - An ordinance amending Chapter 60 and Appendices A and B of the Saint
Paul Legislative Code pertaining to zoning.
Laid over to January 2 for second reading
PUBLIC HEARINGS (Public hearings will begin at 4:30 p.m.)
41. Third Reading - 96 -1486 - An ordinance repealing Chapter 140.01 of the Saint Paul Legislative
Code dealing with Skyway Governance Committee. (Laid over from December 11)
Laid over to January 2 for final adoption
42. Third 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 from December 11)
Laid over to January 2 for final adoption
43. Resolution - 96 -1472 - Approving application for a Liquor On Sale -Club License by Germanic-
American Institute, 301 Summit Avenue. (ID 419747) (Laid over from November 27)
Laid over to January 22 Yeas - 5 Nays - 0
(Harris and Rettman not present for vote)
44. 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 413- 02422) (Laid over from December 11)
Adopted Yeas - 5 Nays - 0 (Harris and Rettman not present for vote)
45. 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)
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(Laid over from December 11)
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
46. 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 from December 11)
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
47. 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
from December 11)
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
48. Resolution - 96 -1595 - Approving application for a Cigarette, Grocery -C, and Off Sale Malt License
by Corner Express Foods, 1658 7th Street East. (ID 414259)
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
49. Resolution - 96 -1596 - Approving application for a Gambling Manager's License by Scott R. Venne,
dba White Bear Avenue Business Association, at Pebbles, 880 East 7th Street. (ID 479739)
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
50. Resolution - 96 -1597 - Approving application for a State Class B Gambling Premise Permit by
Andrew Nath on behalf of White Bear Avenue Business Association at Pebbles, 880 East 7th Street. (ID
#B- 04785)
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
51. Resolution - 96 -1598 - Approving application for a Dance or Rental Hall License by Liquor City
Inc., dba Abetto's Pizzeria & Deli, 560 Como Avenue. (ID 487018)
Adopted Yeas - 6 Nays - 0 (Bostrom not present for vote)
52. Resolution - 96 -1599 - Approving application for a Gambling Manager's License by Julie Lynn
Sayovitz, dba Saint Paul Festival & Heritage Foundation, at Coaches Pub, 1195 North Dale Street. (ID
454414)
Adopted Yeas - 5 Nays - 0 (Bostrom & Harris not present for vote)
53. Resolution - 96 -1600 - Approving application for a State Class B Gambling Premise Permit by Anne
Ford Nelson on behalf of Saint Paul Festival & Heritage Foundation, at Coaches Pub, 1195 North Dale
Street. (ID 413- 04985)
Adopted Yeas - 5 Nays - 0 (Bostrom & Harris not present for vote)
54. Resolution - 96 -1601 - Concerning adverse action against licenses held by Tarek Yassin, dba
Bailey's Market, 1055 4th Street East. (Uncontested)
Adopted Yeas - 5 Nays - 0 (Bostrom & Harris not present for vote)
55. Resolution - 96 -1602 - Concerning adverse action against licenses held by Food -N -Fuel, Inc., dba
Food -N -Fuel C -32, 2233 Energy Park Drive. (Uncontested)
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
56. Resolution - 96 -1603 - Concerning adverse action against licenses held by North End Towing, Inc.,
1850 University Avenue. (Uncontested)
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Adopted as amended Yeas - 6 Nays - 0 (Guerin not present for vote)
57. Resolution - 96 -1604 - Concerning adverse action against licenses held by Bilco, Inc., dba Billy's On
Grand, 857 Grand Avenue. (Uncontested)
Adopted Yeas - 6 Nays - 0 (Guerin not present for vote)
58. Resolution - 96 -1605 - Concerning adverse action against taxicab driver's license held by Larry
Meemken, 1100 Maryland Avenue. (Uncontested)
Adopted Yeas - 6 Nays - 0 (Guerin not present for vote)
59. 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 from December 11)
Laid over to January 8 Yeas - 6 Nays - 0 (Guerin not present for vote)
60. Resolution - 96 -1606 - Approving the decision of the Legislative Hearing Officer for property
located at 855 Woodbridge Street. (Laid over from December 11)
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
61. Resolution - 96 -1607 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 1621 Marshall Avenue, 1506 Hague Avenue, 54 Crocus
Place, 130 East 7th Street, and 1125 Chatsworth Street North.
Adopted as amended Yeas - 6 Nays - 0 (Guerin not present for vote)
62. Public hearing 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.
Motion of intent - appeal denied Yeas - 7 Nays - 0
Reconsidered
Resolution - 96 -1573 - Changing the policy direction for the Saint Paul Police Take -Home Squad Car
Program. (Adopted December 18)
Withdrawn
Suspension Item
Resolution - 96 -1608 - Approving application for a new Parking Lot /Ramp License by United Hospital,
dba Red Ramp, 225 Grand Avenue. (ID 450001)
Adopted Yeas - 7 Nays - 0
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