Minutes 6-26-1996Page 1 of 9
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, June 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
(Guerin and Thune were not present for the vote on the Consent Agenda)
1. Approval of minutes of May 29, 1996, and two Closed Door Sessions of June 19, 1996.
Adopted Yeas - 5 Nays - 0
2. Claims of Kimberly S. Barr, Lee and Denise Bennett, Nina M. Cole, Cordell and Donna Jackson,
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Dwayne Peterson, and Soua Yang and Ya Thao Yang.
Referred to Risk/Employee Benefit Management Division
3. Letter from the Department of Planning and Economic Development announcing a hearing before the
City Council on July 3, 1996, to consider the appeal of Brew & Bottle, Inc., dba Vine Park Brewery
(David Thompson), to a decision of the Planning Commission denying a determination of similar use
permit to allow a micro brewery as an accessory use to a brew on premise store at 242 West 7th Street
(east side between Walnut Street and Chestnut Street)
4. Letter from the Office Of License, Inspections and Environmental Protection announcing a hearing
before the City Council on July 10, 1996, to consider the appeal of Robert and Cherry Grant to a
decision of the Heritage Preservation Commission denying approval for a skylight at 415 Laurel
Avenue, and the appeal of Gregory Lehman to a decision of the Heritage Preservation Commission
denying approval for a side -
yard deck at 839 East Fourth Street.
5. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on June 24, 1996, 9:30 a.m., Room 40 -13, Saint Paul City Hall, concerning adverse action against
licenses held by Metro Bar & Grill, Inc., dba Arnellia's, 1183 University Avenue West.
6. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on July 18, 1996, 9:30 a.m., Room 40 -13, Saint Paul City Hall, concerning adverse action against
licenses held by Debra R. Johnson, dba Sports Break, 1199 Rice Street.
7. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on July 19, 1996, 9:30 a.m., Room 40 -13, Saint Paul City Hall, concerning adverse action against
licenses held by J & L Liquors, Inc. dba Trend Bar, 1537 University Avenue West.
8. Letter from the Office of the City Attorney announcing a hearing before an Administrative Law Judge
on July 29, 1996, 9:30 a.m., Room 40 -A, Saint Paul City Hall, concerning adverse action against
licenses held by J. M. Peppercorn's, Inc., dba Peppercorn's, 1178 Arcade Street.
9. Letters from Saint Paul Public Health declaring 955 Aurora Avenue, 795 Butternut Avenue and 875
Marion Street as "nuisance properties." (For notification purposes only; public hearings will be
scheduled at a later date if necessary.)
10. Communication from Saint Paul Animal Control dated June 17, 1996, announcing a request from the
University of Minnesota Research Lab for unclaimed dogs and cats.
11. Administrative Orders:
. D00949 Authorizing payment, not to exceed $20,000.00, to the J.J. Hill Montessori Magnet
School Playground project from the City's 1996 Children's Play Area Equipment Program.
Noted as on file in the City Clerk's Office
. D00950 Establishing a policy regarding documenting all vehicle accidents that occur in City -
owned vehicles.
Laid over to July 10 Yeas - 5 Nays - 0
. D00951 Establishing a policy regarding occupational safety and health inspections within all
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departments of the City.
Laid over to July 10 Yeas - 5 Nays - 0
. D00952 Amending the 1996 budget in the Mayor's Office by transferring funds to cover the cost
of a new computer.
. D00953 Addition of $29,684.00 to the contract for Saint Paul Civic Center Expansion, CP -4
Building Construction.
. D00954 Addition of $1,444.76 to the contract for Street Lighting on Grand /St. Albans.
. D00955 Extending the contract completion date from October 15, 1995 to September 1, 1996 for
the Irvine Avenue project.
. D00956 Authorizing payment, not to exceed $248,700.00, to the Boys and Girls Club of Saint
Paul, 1620 Ames Avenue, for the West Side Boys and Girls Club construction.
. D00957 Addition of $3,128.00 to the contract for Harriet Island Public Dock.
Noted as on file in the City Clerk's Office
. D00958 Authorizing the claims manager in the Risk and Employee Benefit Management Division
to issue payments in settlement of claims from the imprest fund.
Laid over to July 10 Yeas - 5 Nays - 0
. D00959 Amending the 1996 budget in the Department of Public Works by transferring 1994
Capital Improvement Bonds from the Handicapped Ramps program to the 1994 Sidewalk
Reconstruction project.
. D00960 Amending the 1996 budget in the Department of Public Works to include financing from
the Minnesota Department of Transportation and Ramsey County to cover City Force
participation on a MnDOT contract to improve traffic signals on the east and west ramps of I -35E
at Maryland Avenue.
. D00961 Addition of $11,362.62 to the contract for Street Lighting on Davern/ Edgcumbe CSSP.
Noted as on file in the City Clerk's Office
12. Resolution - 96 -682 - Approving the appointments of Michael A. Lee, Daniel M. Fleischhacker, and
Robert Brokopp, by Mayor Coleman, to the Truth -In- Housing Board of Evaluators. (Laid over from
June 19 for adoption)
Adopted Yeas - 5 Nays - 0
13. Resolution - 96 -697 - Approving the reappointment, by Mayor Coleman, of Susan Sands to the
District Energy Saint Paul, Inc. Board of Directors. (To be laid over one week for adoption)
Laid over to July 3 for adoption
14. Resolution - 96 -698 - Approving the reappointment, by Mayor Coleman, of Robert Fletcher, to the
Public Housing Agency of Saint Paul as a Non - Tenant Commissioner. (To be laid over one week for
adoption)
Laid over to July 3 for adoption
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15. Resolution - 96 -699 - Approving the reappointment, by Mayor Coleman, of Michael Arcand to the
Saint Paul Water Board of Commissioners. (To be laid over one week for adoption)
Laid over to July 3 for adoption
16. Resolution - 96 -700 - Establishing a Friendship Project connection between the City of Saint Paul
and the City of Tiberias.
Adopted Yeas - 5 Nays - 0
17. Resolution - 96 -701 - Giving local approval to special legislation which provides benefits to
pensioners' recipients, who became eligible after 12/31/93, from the Saint Paul Police and Fire
Consolidation Accounts at PERA.
Adopted Yeas - 5 Nays - 0
18. Resolution - 96 -702 - Approving the addition of the following organizations to the Charitable
Gambling 10% Club: Asian Pacific Youth Alliance, Boosters East, Inc., Circus of the Star, Dayton's
Bluff Booster Club, Desnoyer Park Improvement Association, Dunning Boosters, Eastview Booster
Club, Hamline American Legion Post 4418, History Day Support Group, Margaret Booster Club,
Merriam Park Booster Club, Merrick Community Services, St. Paul Midway Little League, South St.
Anthony Booster Club, Sports for Life, Teens Networking Together, Twin Star Baseball Club, Valley
Booster Club, and Wilder Youth Club.
Adopted Yeas - 5 Nays - 0
19. Preliminary Order - 96 -703 - In the matter of constructing a sanitary sewer with connections and a
storm sewer in Atlantic Street from approximately 700 feet north of East Seventh Street to
approximately 950 feet north of East Seventh Street, and setting date of public hearing for August 14,
1996. (File 418830)
Adopted Yeas - 5 Nays - 0
20. Preliminary Order - 96 -704 - In the matter of sidewalk reconstruction on both sides of Kent Street
from Ashland Avenue to Holly Avenue, and setting date of public hearing for August 7, 1996. (File
4596001)
Adopted Yeas - 5 Nays - 0
21. Preliminary Order - 96 -705 - In the matter of sidewalk reconstruction on both sides of Eleanor
Avenue from Kenneth Street to Wilder Street, and setting date of public hearing for August 7, 1996.
(File 4596002)
Adopted Yeas - 5 Nays - 0
22. Preliminary Order - 96 -706 - In the matter of sidewalk reconstruction on the west side of Moore
Street from Marshall Avenue to Iglehart Avenue, and setting date of public hearing for August 7,1996.
(File 4596003)
Adopted Yeas - 5 Nays - 0
23. Resolution Approving Assessment - 96 -707 - In the matter of collecting expenses for towing
abandoned vehicles from properties from June to December 1995; boardings -up of vacant buildings for
February 1996; and demolition of vacant buildings for March 1996, and setting date of Legislative
Hearing for July 16, 1996, and City Council Hearing for July 24, 1996. (File J9607V, J960713, J9607C)
Adopted Yeas - 5 Nays - 0
24. Resolution Approving Assessment - 96 -708 - In the matter of improving the alley in Block 12,
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Michel and Robertson's Addition (bounded by Chatsworth Street, James Avenue, Milton Street, and
Randolph Avenue) by grading and paving with bituminous material, and setting date of public hearing
for August 28, 1996. (File 418776)
Adopted Yeas - 5 Nays - 0
25. Resolution Approving Assessment - 96 -709 - In the matter of improving the alley in Block 28, A.
Gotzian's Rearrangement of Sigel's Addition (bounded by Gotzian Street, Johnson Parkway, and Third
Street) by grading and paving with bituminous material, and setting date of public hearing for August
28, 1996. (File 418774)
Adopted Yeas - 5 Nays - 0
26. Resolution Approving Assessment - 96 -710 - In the matter of improving the east -west alley in Block
4, Lake Park Addition (bounded by Almond Avenue, Arona Street, Canfield Avenue and Pascal Street)
by grading and paving with bituminous material, and setting date of public hearing for August 28, 1996.
(File 418789)
Adopted Yeas - 5 Nays - 0
FOR DISCUSSION
27. Resolution - 96 -579 - Amending Chapter A -1, Appendix to the Saint Paul Administrative Code,
pertaining to the Council Rules of Procedure. (Laid over from June 5)
Adopted Yeas - 5 Nays - 0 (Guerin and Thune not present for vote)
28. Appeal of Degidio's restaurant, John Degidio, to a decision of the Board of Zoning Appeals granting
setback and parking variances to allow construction of a new building and parking lot for the Salvation
Army at 401 West 7th Street. (Laid over from June 12)
Laid over to July 3 Yeas - 7 Nays - 0
29. Resolution - 96 -711 - Authorizing a $2.5 million loan from the City of Saint Paul to the Science
Museum of Minnesota, and an accompanying budget resolution, to provide for construction of a vehicle
turn around at the Civic Center and additional NSP feeder line relocation at the site of the proposed
Science Museum project.
Adopted as amended Yeas - 7 Nays - 0
(Amendments were also made to the Loan Agreement and the Civic Center Turn Around
Agreement)
ORDINANCES
30. Final Adoption - 96 -486 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code
pertaining to taxicabs; requiring licensed drivers to yield to breathalyser tests upon request while on
duty, and other minor housekeeping changes. (Amended and laid over from June 12)
Adopted Yeas - 6 Nays - 0 ( Thune not present for vote)
31. Second Reading - 96 -693 - An ordinance finalizing City Council action taken May 22, 1996,
approving the application of W.A. Frost to rezone property at 374 Selby Avenue from RM -2 to B-
2. (Public hearing held May 22, 1996)
Laid over to July 3 for third reading
32. Second Reading - 96 -694 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
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pertaining to Zoning.
Laid over to July 3 for third reading /public hearing
PUBLIC HEARINGS
33. Third Reading - 96 -585 - An ordinance amending Chapter 344 of the Saint Paul Legislative Code
pertaining to pawn shops; adding provisions for the City to participate in the Automated Pawn System
project initiated by the City of Minneapolis. (Laid over from June 12)
Amended and laid over to July 3 for final adoption
34. Third Reading - 96 -624 - An interim ordinance preserving the status quo with respect to the use of
property within the City of Saint Paul pending the completion of studies of possible amendments to the
City's Comprehensive Plan and Zoning Regulations relating to Recycling Processing Centers.
Laid over to July 3 for final adoption
35. Third Reading - 96 -642 - An ordinance amending Section 293.07 of the Saint Paul Legislative Code
relating to noise regulation of radios and similar devices.
Amended and laid over to July 3 for final adoption
36. Resolution - 96 -712 - Approving application for a Sunday On Sale Liquor, Entertainment -A,
Gambling Location -A, Restaurant -B, and Liquor On Sale -C License by Coach's Pub, Inc. (Paul Droher),
1192 Dale Street North. (ID 4475 64)
Laid over to July 3 Yeas - 7 Nays - 0
37. Resolution - 96 -713 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 935 Tuscarora Avenue, 719 Case Avenue, 863 -865 Clark
Street, 99 -101 Wilkin Street, 171 Front Street, and 619 Lafayette Road.
Adopted Yeas - 7 Nays - 0
38. Resolution - 96 -714 - Requesting the owner to remove or repair the building at 861 Aurora Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 7 Nays - 0
39. Resolution - 96 -715 - Requesting the owner to remove or repair the building at 163 Belvidere Street
East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 7 Nays - 0
40. Resolution - 96 -716 - Requesting the owner to remove or repair the building at 584 Charles Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 7 Nays - 0
41. Resolution - 96 -717 - Requesting the owner to remove or repair the building at 1030 Wilson Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 7 Nays - 0
42. Resolution Ratifying Assessment - 96 -718 - In the matter of summary abatements (property clean-
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up, snow removal, and /or sanding walks) for January and February 1996 for property at 1950 West
Seventh Street. (Laid over from May 22) (Legislative Hearing Officer recommends approval)
Referred to Legislative Hearing Officer and laid over to July 24 City Council meeting
Yeas - 7 Nays - 0
43. Resolution - 96 -663 - Concerning adverse action against licenses held by Joe & Stan's, Inc., 949
West 7th Street. (Uncontested) (Laid over from June 12)
Adopted as amended Yeas - 7 Nays - 0
44. Resolution - 96 -719 - Authorizing the vacation of part of the alley in Block 1, Macalester Park, from
Cambridge Street to Grand Avenue.
Adopted Yeas - 7 Nays - 0
45. Final Order - 96 -666 - In the matter of installing a bent straw type lighting system on Concord Street
from Ada Street to Annapolis Street. (File 418823) (Laid over from June 12)
Laid over indefinitely Yeas - 7 Nays - 0
46. Final Order in Condemnation Proceedings - 96 -671- In the matter of taking of permanent easement
for right -of -way purposes in connection with the Wabasha Street Improvement Project to be located at
the intersection of Wabasha and Concord Streets. (File 418828) (Laid over from June 12)
Adopted Yeas - 7 Nays - 0
47. Final Order in Condemnation Proceedings - 96 -720 - In the matter of obtaining a permanent lighting
easement for Maiden Lane between Nina Street and Selby Avenue. (File 418829)
Adopted Yeas - 7 Nays - 0
48. Resolution Ratifying Assessment - 96 -672 - In the matter of condemnation and taking permanent
easements for construction of a storm sewer system in connection with the Fourth Street Area Sewer
Separation Project. (File 418741E) (Laid over from June 12)
Adopted Yeas - 7 Nays - 0
49. Resolution Ratifying Assessment - 96 -721 - In the matter of the Marion/University Area Storm
Sewer Connections. (File 418609 -7)
Adopted Yeas - 7 Nays - 0
50. Resolution Ratifying Assessment - 96 -722 - In the matter of sidewalk reconstruction on the north
side of East Annapolis Street from South Robert Street to Brown Avenue. (File 4S95001)
Adopted Yeas - 7 Nays - 0
51. Resolution Ratifying Assessment - 96 -723 - In the matter of sidewalk improvements on Burgess
Street, Case Avenue, Cook Avenue West, Front Avenue, Galtier Street, Grotto Street North, Hatch
Avenue, Kilburn Street, Marion Street, Maywood Street, Orchard Avenue, and Woodbridge Street. (File
4S95017- S95029)
Adopted Yeas - 7 Nays - 0
52. Resolution Ratifying Assessment - 96 -724 - In the matter of sidewalk reconstruction on both sides of
Virginia Street from Summit Avenue to Laurel Avenue. (File 4S95053)
Adopted Yeas - 7 Nays - 0
53. Resolution Ratifying Assessment - 96 -725 - In the matter of sidewalk reconstruction at 2049 and
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2042 Goodrich Avenue; both side of Grand Avenue from South Cleveland Avenue to South Finn Street;
the north side of Grand Avenue from South Fairview Avenue to South Prior Avenue and the south side
of Grand Avenue from South Howell Street to South Prior Avenue; both sides of Grand Avenue from
South Finn Street to South Cretin Avenue; both sides of Grand Avenue from South Prior Avenue to
South Cleveland Avenue; and the south side of Laurel Avenue from Dewey Street to North Howell
Street. (File 4595058 - 595063)
Adopted Yeas - 7 Nays - 0
54. Resolution Ratifying Assessment - 96 -726 - In the matter of assessments for sidewalk improvements
on Bayard Avenue, Brimhall Street, Ford Parkway, Snelling Avenue South, and Watson Avenue. (File
4595064 -67; 595070 -73)
Adopted Yeas - 7 Nays - 0
55. Resolution Ratifying Assessment - 96 -727 - In the matter of sidewalk reconstruction on both sides of
Arbor Street from Jefferson Avenue to James Avenue; both sides of Armstrong Avenue from Osceola
Avenue to West Seventh Street; both sides of Duke Street from Banfil Street to St. Clair Avenue; both
sides of Victoria Street from James Avenue to Randolph Avenue; and both sides of View Street from
Juno Avenue to Armstrong Avenue. (File 4595079 - 595083)
Adopted as amended Yeas - 7 Nays - 0
(595082 - Sidewalk reconstruction on Victoria Street laid over to July 3)
56. Resolution Ratifying Assessment - 96 -728 - In the matter of assessments for sidewalk improvements
on Gotzian Street, Margaret Street, and East Sixth Street. (File 4595086 - 595089)
Adopted Yeas - 7 Nays - 0
57. Resolution Ratifying Assessment - 96 -729 - In the matter of assessments for construction of new
sidewalk and retaining walls on Hoyt Avenue and Milton Street adjacent to the property at 1558 North
Milton Street. (File 4595108)
Adopted Yeas - 7 Nays - 0
58. Resolution - 96 -730 - Approving application for a State Class B Gambling Premise Permit by Anne
Nelson on behalf of Saint Paul Festival & Heritage Foundation at Mr. Patom's, 995 West 7th Street. (ID
4 Pending)
Adopted Yeas - 7 Nays - 0
59. Resolution - 96 -731 - Approving application for a Gambling Manager's License by Julie Lynn
Sayovitz, dba Saint Paul Festival & Heritage Foundation at Mr. Patom's, 995 West 7th Street. (ID
423579)
Adopted Yeas - 7 Nays - 0
60. Public Hearing to consider the application of the Saint Paul Port Authority for a Combined
preliminary and final plat to allow two new lots for sale or lease at Crosby Lake Business Park.
Motion of intent adopted Yeas - 7 Nays - 0
Suspension Items
Resolution - 96 -732 - Recognizing Pilgrim Baptist Church on their one hundred and thirty -third
anniversary.
Adopted Yeas - 7 Nays - 0
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Resolution - 96 -733 - Approving the January 1, 1995 - December 31, 1996 Agreement between the City
of Saint Paul and the International Union of Operating Engineers Local 470. (To be laid over one week
for adoption)
Laid over to July 3 for adoption Yeas - 7 Nays - 0
Resolution - 96 -734 - Approving the Cultural STAR funding portion of the Neiman /Jemne Building
Project.
Adopted Yeas - 7 Nays - 0
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