Minutes 4-24-1996Pagel of 8
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, April 24, 1996 - 3:30 PNI
PUBLIC HEARINGS AT 5:00 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. Approval of minutes of April 10, 1996.
Adopted Yeas - 7 Nays - 0
2. Claims of John G. Antoniou, Philip Bryson, Cadillac, Inc., Christopher Erickson, Derek S. Lindsey,
Kama and David Lyell, Michael and Melinda Miller, and Geneva Turner.
Referred to the City Attorney's Office
file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113351 \Minutes 4- 24- 199... 12/15/2010
Page 2 of 8
3. Third Party Summons and Complaint in the matter of Turner, et al. v. Carl Norman Pink, Jr. v. the
City of Saint Paul.
Referred to the City Attorney's Office
4. Letter from the Office of the City Attorney announcing a hearing before the City Council on May 1,
1996, to consider adverse action against Taxicab Driver's License of George L. Singer.
5. Letter from the Office of the City Attorney announcing a hearing before the City Council on May 8,
1996, concerning the award of gas and electric franchises to Northern States Power Company.
6. Letters from the Division of Public Health declaring 861 Aurora Avenue, 800 Buffalo Street, 1684
Hyacinth Avenue East, and 1030 Wilson Avenue as "nuisance properties ". (For notification purposes
only; public hearings will be scheduled at a later date if necessary.)
7. Communication from St. Paul Animal Control announcing a request from the University of Minnesota
Research Lab for unclaimed dogs and cats.
8. Administrative Orders:
. D00898 Amending the budget of the Community Development Block Grant Fund in the
Department of Planning and Economic Development by increasing funding for the Newell Park
sitework project.
. D00899 Addition of $52,895.00 to the contract for Saint Paul Civic Center expansion, CP -I
demolition, excavation and bridge construction- parking ramp excavation Alternate A.
. D00900 Addition of $5,253.00 to the contract for handicap elevator installation at Valley
Recreation Center and wheelchair lifts at North Dale and Duluth and Case Recreation Centers.
. D00901 Approving lease agreement for space in the West 7th Community Center for the West 7th
Branch Library.
. D00902 Amending the 1995 budget in the Department of Public Health by transferring spending
authority between various Health special revenue activities.
. D00903 Amending the 1995 budget in the Department of Finance and Management Services to
correct minor year -end budget variances.
Noted as on file in the City Clerk's Office
9. Resolution - 96 -379 - Approving the appointment of Thomas Vang, by Mayor Coleman, to the
Workforce Development Council. (Laid over from April 17 for adoption)
Adopted Yeas - 7 Nays - 0
10. Resolution - 96 -380 - Approving the appointments of Beverly Oberg and Wayne Lundeen, by Mayor
Coleman, to the Capital Improvement Budget Committee. (Laid over from April 17 for adoption)
Adopted Yeas - 7 Nays - 0
11. Resolution - 96 -397 - Approving the appointments of Luci Botzek, Randy Geller, and Karen
Christopherson, and the reappointments of Long Due Bui, Douglas Gale, William Huestis, Henry
file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113351 \Minutes 4- 24- 199... 12/15/2010
Page 3 of 8
Kristal, Abigail McKenzie, and Betsy Van Hecke, by Mayor Coleman, to the Business Review Council.
(To be laid over one week for adoption)
Laid over to May 1 for adoption
12. Resolution - 96 -398 - Approving the appointments, by Mayor Coleman, of Bill Tschida and Anne
Weber to the Central Ramsey Watershed Management Organization, and the appointments of Lynne
Kolze and Anne Weber to the Southwest Ramsey Watershed Management Organization. (To be laid
over one week for adoption)
Laid over to May 1 for adoption
13. Resolution - 96 -399 - Approving the appointment of Bernadette Benner, by Mayor Coleman, to the
Mayor's Advisory Committee For People With Disabilities. (To be laid over one week for adoption)
Laid over to May 1 for adoption)
14. Resolution - 96 -400 - Approving payment of $25,000 to John Davidson in full settlement of his
claim against the City of St. Paul.
Adopted Yeas - 7 Nays - 0
15. Resolution - 96 -401 - Extending the interim zoning ordinance regulating drop -in centers.
Adopted Yeas - 5 Nays -1 (Megard) (Thune not present for vote)
16. Resolution - 96 -402 - Authorizing the proper City officials to submit a grant application to the
Department of Natural Resources for the Carty Park Renovation Project.
Adopted Yeas - 7 Nays - 0
17. Resolution - 96 -403 - Authorizing a lease agreement between the City of St. Paul and Boys and Girls
Club for West Side Boys and Girls Club at Belvidere Recreation Center.
Adopted Yeas - 7 Nays - 0
18. Resolution - 96 -404 - Agreeing to hold Dayton's harmless for the City's use of parking spaces at
Dayton's Energy Park location for St. Paul Saints games and events.
Adopted Yeas - 7 Nays - 0
19. Resolution - 96 -405 - Allowing the St. Paul Saints to use the City's 3.2 beer license at Midway
Stadium in 1996.
Adopted Yeas - 7 Nays - 0
20. Resolution - 96 -406 - Authorizing execution of Option Agreement with the City of St. Paul, St. Paul
Port Authority and Merrill Corporation.
Adopted Yeas - 7 Nays - 0
21. Resolution - 96 -407 - Authorizing acceptance of a $1,000 donation from the 3M Corporation to be
used for the Police Department's Professional Development Institute course entitled "Workplace
Violence ".
Adopted Yeas - 7 Nays - 0
22. Resolution - 96 -408 - Concurring with action taken by the Board of Water Commissioners in
declaring certain lands in the City of Little Canada to be surplus property and executing a quitclaim deed
to those lands in favor of the Board.
Adopted Yeas - 7 Nays - 0
file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113351 \Minutes 4- 24- 199... 12/15/2010
Page 4 of 8
23. Resolution - 96 -409 - Authorizing the acquisition of property at 572 Dale Street North as part of the
Dale Street Widening and Improvement Project. (File 418527)
Adopted Yeas - 7 Nays - 0
24. Resolution - 96 -410 - Approving the final plat for Willenbring Woods Addition to allow subdividing
of the property into six new building lots for single family home development.
Adopted Yeas - 7 Nays - 0
25. Resolution - 96 -411 - Requesting an extension of time to complete work being done on a building at
500 Bush Avenue.
Adopted Yeas - 7 Nays - 0
26. Resolution - 96 -412 - Authorizing the Department of Finance and Management Services to establish
a City Store on a one -
year pilot project basis, establish a budget for the store, and authorize appropriate City officials to
execute a lease for the store facility.
Adopted as amended Yeas - 6 Nays - 0 (Thune not present for vote)
27. Resolution - 96 -413 - Reducing summary abatement assessment for property located at 1311
Thomas Avenue. (File J9603A)
Adopted Yeas - 7 Nays - 0
(Council President Thune was excused for the balance of the meeting)
FOR DISCUSSION
28. Resolution - 96 -414 - Extending St. Paul Public Library hours to include Sunday afternoon and
Friday evening hours.
Adopted Yeas - 6 Nays - 0
29. Resolution - 96 -415 - Approving the Neighborhood STAR Board recommendations for funding
Cycle 2, 1996 Small STAR Grant Program.
Adopted Yeas - 6 Nays - 0
ORDINANCES
30. Final Adoption - 96 -307 - An ordinance amending Chapters 60 and 64 of the Saint Paul Legislative
Code pertaining to zoning. (Laid over from April 17)
Adopted Yeas - 5 Nays -1 (Rettman)
31. Final Adoption - 96 -308 - An ordinance amending Chapter 43.04 of the Saint Paul Legislative Code
relating to Vacant and Unoccupied Buildings. (Substitute introduced and laid over from April 17)
Substitute adopted Yeas - 6 Nays - 0
32. Second Reading - 96 -391 - An ordinance to allow for the use of the State issued Catering (Traveling
Liquor) Permit and establishing guidelines.
Laid over to May 1 for third reading /public hearing
file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113351 \Minutes 4- 24- 199... 12/15/2010
Page 5 of 8
33. Second Reading - 96 -392 - An ordinance to restrict the location of off -sale intoxicating liquor
licenses in the City of Saint Paul.
Laid over to May 1 for third reading /public hearing
34. Second Reading - 96 -393 - An ordinance amending Chapter 403 of the Saint Paul Legislative Code
pertaining to bingo halls; changing the minimum distance and equipment requirements.
Laid over to May 1 for third reading /public hearing
35. Second Reading - 96 -394 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code
pertaining to lawful gambling; adding raffles and making amends for the use of pull -
tab mechanical dispensing devices.
Laid over to May 1 for third reading /public hearing
36. Second Reading - 96 -395 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code
pertaining to gambling; allowing non - intoxicating liquor establishments to participate in charitable
gambling functions.
Laid over to May 1 for third reading /public hearing
37. First Reading - 96 -416 - An ordinance renewing the NSP gas franchise effective July 1, 1996, to
June 30, 2006.
Laid over to May 1 for second reading
38. First Reading - 96 -417 - An ordinance renewing the NSP electric franchise effective July 1, 1996, to
June 30, 2006.
Laid over to May 1 for second reading
39. First Reading - 96 -418 - An ordinance amending Chapter 411 of the Saint Paul Legislative Code
pertaining to entertainment; allowing the City Council to grant licenses outside of the current petition
requirement under certain circumstances.
Laid over to May 1 for second reading
PUBLIC HEARINGS (public hearings will begin at 5:00 p.m.)
40. Third Reading - 96 -324 - An ordinance amending Chapter 76 of the Saint Paul Legislative Code
pertaining to sewers and drains. (Laid over from April 10)
Laid over to May 1 for final adoption
41. Resolution - 95 -878 - Approving application for a Patio Extension License by Twin States Music
Company, dba Cab's Pub & Eatery, 992 Arcade Street. (ID 484293) (Laid over from April 17)
Substitute introduced and adopted Yeas - 6 Nays - 0
42. Resolution - 96 -419 - Approving application for a new Gambling Manager's License by James R.
McDonough, dba St. Paul East Athletic Association, at Schwietz's Saloon, 956 Payne Avenue. (ID
491872)
Adopted Yeas - 6 Nays - 0
43. Resolution - 96 -420 - Approving application for a new State Class B Gambling Premise Permit by
Jackie Pearson, on behalf of St. Paul East Athletic Association, at Schwietz's Saloon, 956 Payne
Avenue. (ID 413-04755 State)
Adopted Yeas - 6 Nays - 0
file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113351 \Minutes 4- 24- 199... 12/15/2010
Page 6 of 8
44. Resolution - 96 -421 - Approving application for a Restaurant -B and Hotel /Motel License by
Minnesota Humanities Commission at 987 Ivy Avenue East. (ID 459825)
Adopted Yeas - 6 Nays - 0
45. Resolution - 96 -422 - Approving application for a Second Hand Dealer -Motor Vehicle License by
Arcade Auto Sales, Inc. (Mark Pacheco), 1103 Arcade Street. (ID 470159)
Adopted Yeas - 6 Nays - 0
46. Resolution - 96 -423 - Concerning adverse action against licenses held by Tarek Yassin, dba Bailey's
Market, 1055 4th Street East. (Uncontested)
Adopted Yeas - 6 Nays - 0
47. Resolution - 96 -424 - Concerning adverse action against licenses held by P.L.A.B., Inc., dba Ted's
Recreation, 1084 Larpenteur Avenue West.
Withdrawn
48. Resolution - 96 -425 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 689 Conway Street.
Adopted Yeas - 6 Nays - 0
49. Resolution - 96 -426 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 35 South Lexington Parkway, 1027 -1029 Virginia Street,
95 West Isabel Street, 1925 Norfolk Avenue, 447 East 7th Street, 438 West Baker Street, and 584
Magnolia Avenue.
Adopted Yeas - 6 Nays - 0
50. Resolution - 96 -157 - Ordering the owner to remove or repair the building at 441 View Street within
fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval)
(Laid over from February 28)
Withdrawn Yeas - 6 Nays - 0
51. Resolution - 96 -427 - Ordering the owner to remove or repair the building at 1554 Almond Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Laid over to May 22 Yeas - 6 Nays - 0
52. Resolution - 96 -428 - Ordering the owner to remove or repair the building at 682 Fuller Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
granting the owner six months to repair the building if a code compliance inspection is completed,
a $2,000 bond is posted and the appropriate permits are obtained by April 24, 1996)
Adopted as amended per recommendation of the Legislative Hearing Officer
Yeas - 6 Nays - 0
53. Resolution - 96 -429 - Ordering the owner to remove or repair the building at 87 King Street within
fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends allowing the
owner until September 14, 1996, to repair the building)
Adopted as amended per recommendation of the Legislative Hearing Officer
Yeas - 6 Nays - 0
54. Resolution - 96 -430 - Ordering the owner to remove or repair the building at 826 Payne Avenue
file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113351 \Minutes 4- 24- 199... 12/15/2010
Page 7 of 8
within fifteen (f 5) five (5) days from adoption of resolution. (Legislative Hearing Officer
recommends laying over to June 18, 1996, Legislative Hearings)
Adopted as amended (Remove or repair building within five (5) days)
Yeas - 6 Nays - 0
55. Resolution Ratifying Assessment - 96 -431 - In the matter of summary abatement (property cleanup)
for 867 Ocean Avenue. (J9603A4) (Laid over from March 27)
Adopted Yeas - 6 Nays - 0
56. Resolution Ratifying Assessment - 96 -432 - In the matter of summary abatements (property cleanup,
snow removal and /or sanding walks) from mid - October to January 5, 1996, and boarding up vacant
building for October, 1995 for the following properties:
301 Dayton Avenue (Legislative Hearing Officer recommends reducing the assessment to $40.00)
81 Cleveland Avenue South (Legislative Hearing Officer recommends approval and denial of
request for an additional layover)
2199 Minnehaha Avenue East (Legislative Hearing Officer recommends approval) Boarding -up
vacant building at 224 Bates Avenue (Legislative Hearing Officer recommends deleting the
assessment) (File 4J9604AAA, J96041313)
Adopted as amended per recommendations of the Legislative Hearing Officer with the following
exception:
(2199 E. Minnehaha Avenue (J9604A) - laid over indefinitely)
Yeas - 6 Nays - 0
57. Resolution Ratifying Assessment - 96 -433 - In the matter of the assessment of benefits, cost and
expenses for boarding -up vacant buildings for November, 1995 (J96041B) and December, 1995
(J96042B) and demolition of vacant buildings for January, 1996 (J9604C). (Legislative Hearing
Officer recommends approval with the following exceptions: 1478 Sherburne Avenue (96042B) -
delete assessment; 833 Selby Avenue (J96042B) - laid over to May 7, 1996 Legislative Hearings)
Adopted as amended per recommendations of the Legislative Hearing Officer.
Yeas - 6 Nays - 0
58. Resolution Ratifying and Confirming Condemnation and Awards of Damages and Assessment - 96-
434 - In the matter of condemning and taking of a permanent easement and slope easement for the
reconstruction of Dale Street. (File 418708)
Adopted Yeas - 5 Nays - 0 (Harris not present for vote)
59. Final Order - 96 -435 - In the matter of condemning and acquiring forty -seven vacant parcels for
open space and bluff preservation in the Battle Creek Park Area. (File 418817)
Laid over to May 1 Yeas - 6 Nays - 0
60. Public hearing to consider the application of RBP Realty for a Registered Land Survey to allow the
property and buildings to be subdivided into three individual lots at 314 -332 and 342 Chester Street.
Motion of intent adopted Yeas - 6 Nays - 0
61. Resolution - 96 -367 - Approving a sound level variance for the Department of Public Works -
Bridge Division allowing demolition and reconstruction of the Wabasha Street Bridge with conditions.
(Laid over from April 17)
Substitute introduced and adopted Yeas - 6 Nays - 0
MISCELLANEOUS
file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113351 \Minutes 4- 24- 199... 12/15/2010
Page 8 of 8
62. Recognition of March Youth Volunteers of the Month.
63. Appearance of Juan A. Martinez concerning policies and procedures of the City Attorney with
respect to traffic violations.
Suspension Item
Resolution - 96 -436 - Authorizing the proper City officials to submit a grant application for the
Youthbuild Program to the U.S. Department of Housing and Urban Development.
Adopted Yeas - 6 Nays - 0
file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113351 \Minutes 4- 24- 199... 12/15/2010