Minutes 7-10-1996Pagel of 8
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, July 10, 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 - 6 - Councilmembers Blakey, Bostrom, Guerin, Harris, Megard, Rettman
Absent - 1 - Thune (Excused)
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
The following communication was read into the record by Nancy Anderson, Assistant Secretary to the
City Council:
Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on July 17, 1996, at 3:30 p.m. to consider an application for a sound
level variance by Amelia's (Dennis Galassie) for Rib Fest'96 to be held in Mears Park from 12 noon to
file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113721 \Minutes 7- 10- 199... 12/15/2010
Page 2 of 8
10:00 p.m. on July 19, 20, & 21, 1996.
1. Approval of minutes of June 12, 1996.
Adopted Yeas - 6 Nays - 0
2. Claims of John Ficcadenti and Dung Phan.
Referred to Risk/Employee Benefit Management Division
3. Amended Summons and Complaint in the matter of Amutullah v. the City of Saint Paul, et al.
Referred to the City Attorney's Office
4. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on July 24, 1996, to consider the application of Bradley K. Rhodes, Marland and
Audrey Mork, and the estate of Filemon Balbuena to rezone property from RM -2 (residential multiple
family) to P -1 (parking) to allow construction of a parking lot at the southeast corner of Marshall and
Western Avenues and an extension on Dayton Avenue.
5. Letter from Ramsey County Property Records and Revenue recommending reclassification of
property located at 225 and 233 Grand Avenue, Abatement Application AT 96 5320. (Real Estate
Division recommends approval)
Adopted Yeas - 6 Nays - 0
6. Letter from Saint Paul Public Health declaring 844 Edmund Avenue as "nuisance property." (For
notification purposes only; public hearing will be scheduled at a later date if necessary.)
7. Communication from Saint Paul Animal Control dated June 24 and July 1, 1996, announcing a
request from the University of Minnesota Research Lab for unclaimed dogs and cats.
8. Resolution - 96 -764 - Approving the appointments of Richard Taylor, Gertrude Winters -Bruce and
Sister Frances Mary Benz to the Advisory Committee on Aging. (To be laid over one week for adoption)
Laid over to July 17 for final adoption
9. Resolution - 96 -735 - Approving the January 1, 1995 through December 31, 1996 agreement between
the City of Saint Paul and the Manual and Maintenance Supervisors. (Laid over from July 3 for
adoption)
Adopted Yeas - 6 Nays - 0
10. Resolution - 96 -765 - Authorizing the inter - governmental transfer of William Snyder from the Saint
Paul Police Department to the Ramsey County Sheriffs Department to serve on the Asian Youth Task
Force.
Adopted Yeas - 6 Nays - 0
11. Resolution - 96 -766 - Authorizing submittal of a grant application to the Minnesota Department of
Public Safety for hiring new police officers and authorizing Chief William Finney to enter into an
Execution of Agreement with the Department of Public Safety.
Adopted Yeas - 6 Nays - 0
12. Resolution - 96 -767 - Authorizing submittal of a grant application to the Minnesota Department of
Public Safety in the amount of $249,999 for overtime funding and authorizing Chief William Finney to
enter into an Execution of Agreement with the Department of Public Safety.
file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113721 \Minutes 7 -10- 199... 12/15/2010
Page 3 of 8
Adopted Yeas - 6 Nays - 0
13. Resolution - 96 -768 - Authorizing the City of Saint Paul to accept $1,710,000 from the State of
Minnesota to assist Unisys dislocated workers.
Adopted Yeas - 6 Nays - 0
14. Preliminary Order - 96 -769 - In the matter of sidewalk reconstruction on both sides of Banfil Street
from Dousman Street to North Smith Avenue, and the west side of Waterloo Street from East Curtice
Street to East Belvidere Street, and setting date of public hearing for August 28, 1996. (596012, 596014)
Adopted Yeas - 6 Nays - 0
15. Preliminary Order - 96 -770 - In the matter of sidewalk reconstruction on the northwest side of
Adrian Street from Albion Avenue to Alaska Avenue at 1717 and 1729 Adrian Street only; the east side
of Bay Street from Randolph Avenue to West Seventh Street at 492 Bay Street only; the north side of
Goodhue Street from Cliff Street to Dousman Street at 245 Goodhue Street only; and the north side of
James Avenue from Toronto Street to West Seventh Street at 966 West Seventh Street only, and setting
date of public hearing for August 28, 1996. (File 4596023 -24 & 596026 -27)
Adopted Yeas - 6 Nays - 0
16. Preliminary Order - 96 -771 - In the matter of sidewalk reconstruction on the north side of Goodrich
Avenue from Garfield Street to South Western Avenue; the north side of James Avenue from Arbor
Street to Bay Street; the east side of South Lexington Parkway from Lombard Avenue to the Short Line
Road Bridge at 276 South Lexington Parkway only, and setting date of public hearing for August 28,
1996. (File 4596032, 33, 34)
Adopted Yeas - 6 Nays - 0
17. Preliminary Order - 96 -772 - In the matter of the operating costs for the Above Standard Street
Lighting System for the United /Children's Hospital Area Streetscape Project, and setting date of public
hearing for August 28, 1996. (File 418878)
Adopted Yeas - 6 Nays - 0
18. Preliminary Order - 96 -773 - In the matter of condemning and taking of temporary easements
necessary for the Edgerton Street Bridge construction project, and setting date of public hearing for
August 14, 1996. (File 418832)
Adopted Yeas - 6 Nays - 0
19. Preliminary Order - 96 -774 - In the matter of sidewalk reconstruction on the south side of Ross
Avenue from North Howard Street to Waukon Avenue at 2166 Ross Avenue only, and setting date of
public hearing for August 28, 1996. (File 4596046)
Adopted Yeas - 6 Nays - 0
20. Resolution Approving Assessment - 96 -775 - In the matter of boarding -up vacant buildings for
March 1996; boarding -up vacant buildings for April 1996; and demolition of vacant buildings for April
and May 1996, and setting date Legislative Hearing for August 20, 1996 and City Council hearing for
August 28, 1996. (File 4J9608B, J96081B, J9608C)
Adopted Yeas - 6 Nays - 0
21. Resolution - 96 -776 - Requesting staff of the Department of Planning and Economic Development to
conduct a study to determine the appropriateness of cabaret licenses as a stand-
alone license and any adverse impact, and directing the Office of License, Inspections, and
file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113721 \Minutes 7 -10- 199... 12/15/2010
Page 4 of 8
Environmental Protection to not accept any new applications or process any existing applications that
have not been referred to an Administrative Law Judge.
Laid over to July 17 Yeas - 6 Nays - 0
22. Resolution - 96 -778 - Allocating $50,000 of those funds in the Polluted Lands Program for the
predevelopment work on the Dale Street Shops Site.
Adopted as amended Yeas - 6 Nays - 0
FOR DISCUSSION
23. Administrative Orders:
. D00950 Establishing a policy regarding documenting all vehicle accidents that occur in City -
owned vehicles. (Laid over from June 26).
. D00951 Establishing a policy regarding occupational safety and health inspections within all
departments of the City. (Laid over from June 26.
. 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 from June 26)
Laid over to July 24 Yeas - 6 Nays - 0
24. Resolution - 96 -325 - Adopting the Saint Paul Parks and Recreation Plan as a Chapter of The Saint
Paul Comprehensive Plan. (Laid over from May 1)
Laid over to July 24 Yeas - 5 Nays - 0 (Blakey not present for vote)
25. Resolution - 96 -755 - Authorizing the withholding of tax forfeit parcels from public sale. (Laid over
from July 3)
Laid over to July 17 Yeas - 5 Nays - 0 (Blakey not present for vote)
ORDINANCES
26. Final Adoption - 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. (Amended and laid over from July 3)
Adopted Yeas - 5 Nays - 0 (Blakey not present for vote)
27. Final Adoption - 96 -569 - An ordinance amending Section 33.07 of the Saint Paul Legislative Code
pertaining to electric fences. (Laid over from June 12)
Laid over to July 17 Yeas - 6 Nays - 0
28. Final Adoption - 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)
Adopted Yeas - 5 Nays - 0 (Guerin not present for vote)
29. Final Adoption - 96 -694 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to Zoning.
file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113721 \Minutes 7- 10- 199... 12/15/2010
Page 5 of 8
Adopted Yeas - 5 Nays - 0 (Guerin not present for vote)
30. Second Reading - 96 -756 - An ordinance finalizing City Council action approving the petition of Ty
Du Pham to rezone property located at 436 Sherburne Avenue and 498 Arundel Street from RT -1 to P -1.
(Public hearing held June 12, 1996)
Laid over to July 17 for third reading
31. Second Reading - 96 -757 - An ordinance finalizing City Council action approving the petition of
Clint Dobratz to rezone property located at 2350 Territorial Road from RM -3 to B -3. (Public hearing
held June 12, 1996)
Laid over to July 17 for third reading
32. First Reading - 96 -779 - An ordinance establishing penalties for violations of general parking
restrictions found in Saint Paul Legislative Code Chapter 157.
Laid over to July 17 for second reading
33. First Reading - 96 -780 - An ordinance increasing penalties for violations of parking meter
restrictions found in Saint Paul Legislative Code Chapter 160.
Laid over to July 17 for second reading
34. First Reading - 96 -781 - An ordinance establishing penalties for violations of abandoned vehicle
restrictions found in Saint Paul Legislative Code Chapter 163.
Laid over to July 17 for second reading
35. First Reading - 96 -782 - An ordinance establishing penalties for violations of city -owned parking lot
restrictions found in Saint Paul Legislative Code Chapter 164.
Laid over to July 17 for second reading
36. First Reading - 96 -783 - An ordinance restricting the issuance of Cabaret Licenses as stand -alone
licenses pending completion of studies of a possible amendment to the City Comprehensive Plan.
Laid over to July 17 for second reading
PUBLIC HEARINGS
37. Resolution - 96 -784 - Approving application for a Parking Lot /Ramp License by EMIF Texas I
Limited Partnership, dba Court International Visitor Parking, at 2550 University Avenue. (ID 411602)
Adopted Yeas - 5 Nays - 0 (Harris not present for vote)
38. Resolution - 96 -785 - Concerning adverse action against licenses held by Applebaum Companies,
Inc., dba Big Top Liquors, 1574 University Avenue West. (Uncontested)
Adopted Yeas - 6 Nays - 0
39. Resolution - 96 -786 - Concerning adverse action against licenses held by Blue Marine Convenience
Store, Inc., dba Blue Marine Market, 1186 Prosperity Road. (Uncontested)
Adopted Yeas - 6 Nays - 0
40. Resolution - 96 -787 - Concerning adverse action against licenses held by Fleming Companies, Inc.,
dba Rainbow Foods, 1566 University Avenue West. (Uncontested)
Adopted Yeas - 6 Nays - 0
file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113721 \Minutes 7 -10- 199... 12/15/2010
Page 6 of 8
41. Resolution - 96 -788 - Concerning adverse action against licenses held by Frank Willman, dba Gala
Foods, 544 University Avenue West. (Uncontested)
Adopted Yeas - 6 Nays - 0
42. Resolution - 96 -789 - Concerning adverse action against licenses held by Miller and Holmes, Inc.,
dba M & H Gas Station, 721 Arcade Street. (Uncontested)
Adopted Yeas - 6 Nays - 0
43. Resolution - 96 -790 - Concerning adverse action against licenses held by Nizar M. Alsadi, dba
Nizar's Market, 1541 Maryland Avenue East. (Uncontested)
Adopted Yeas - 6 Nays - 0
44. Resolution - 96 -791 - Concerning adverse action against licenses held by Paul Schwietz, dba
Schwietz's Tobacco Outlet, 1440 Arcade Street. (Uncontested)
Adopted Yeas - 6 Nays - 0
45. Resolution - 96 -792 - Concerning adverse action against licenses held by Ramsey Financial -GIII
Enterprises, aka Tobacco Plus, 577 University Avenue West. (Uncontested)
Adopted Yeas - 6 Nays - 0
46. Resolution - 96 -793 - Concerning adverse action against licenses held by St. Paul Firearms
Company, 634 Snelling Avenue North. (Uncontested)
Laid over to July 17 Yeas - 5 Nays - 1 (Rettman)
47. Resolution - 96 -794 - Vacating part of the alley in Block 3, Lovering's Factory Warehouse and
Transfer Property and releasing certain easements therein.
Adopted Yeas - 6 Nays - 0
48. Resolution - 96 -795 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 625 North Pascal Street, 1692 Highland Parkway, 613 East
Minnehaha Avenue, and 837 East Jessamine Avenue.
Adopted Yeas - 6 Nays - 0
49. Resolution - 96 -796 - Ordering the owner to remove or repair the building at 186 Cayuga Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 6 Nays - 0
50. Resolution - 96 -797 - Ordering the owner to remove or repair the building at 280 Charles Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 5 Nays - 0 (Harris not present for vote)
51. Resolution - 96 -798 - Ordering the owner to remove or repair the building at 993 Edgerton Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 5 Nays - 0 (Harris not present for vote)
52. Resolution - 96 -799 - Ordering the owner to remove or repair the building at 524 Edmund Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113721 \Minutes 7 -10- 199... 12/15/2010
Page 7 of 8
granting the owner 180 days to bring the building into compliance provided a $2,000.00
performance bond is posted, a code compliance inspection is completed, and permits are obtained
by July 10, 1996)
Adopted (Remove or repair the building within 15 days)
Yeas - 5 Nays - 0 (Harris not present for vote)
53. Resolution Ratifying Assessment - 96 -800 - In the matter of summary abatements (property clean-
up) for fall of 1995. (File 4J9607TDBC) (Legislative Hearing Officer recommends approval with the
following exceptions: 230 Bates Avenue (J9607B) - delete assessment; Vacant lots connected with
1950 West 7th Street (J9605A) - delete assessment; 911 Tuscarora Avenue (J9607TDBC) - delete
assessment; 662 East Geranium Avenue (J9607TDBC) - laid over to July 16 Legislative Hearing)
Adopted per recommendation of the Legislative Hearing Officer with the following exceptions:
230 Bates Avenue - laid over to July 24 City Council meeting
Vacant lots connected with 1950 West 7th Street - laid over to July 24 City Council meeting
Yeas - 5 Nays - 0 (Harris not present for vote)
54. Appeal of Deborah Bean to a summary abatement order for property at 848 University Avenue
West. (Legislative Hearing Officer recommends denial of the appeal)
Appeal denied Yeas - 6 Nays - 0
55. Appeal of Lisa J. Ouke to a summary abatement order for property at 848 Mound Street.
(Legislative Hearing Officer recommends denial of the appeal)
Appeal denied Yeas - 6 Nays - 0
56. Appeal of Joseph M. Stepka to a summary /vehicle abatement order for property at 599 St. Clair
Avenue and 600 Michigan Street - vacant lot. (Legislative Hearing Officer recommends denial of the
appeal)
Appeal denied Yeas - 6 Nays - 0
57. Appeal of Terrence Tessmen to a summary /vehicle abatement order for property at 407 Bay Street.
(Legislative Hearing Officer recommends denial of the appeal)
Appeal denied Yeas - 6 Nays - 0
58. Final Order - 96 -801 - In the matter of painting the skyway bridges in downtown including
exterior /interior painting, an exterior accent stripe, test painting, preparation work, traffic control and
insurance. (File 418831)
Adopted Yeas - 6 Nays - 0
59. Public hearing 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.
Appeal granted with condition Yeas - 5 Nays -1 (Megard)
60. Public hearing to consider 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.
Appeal granted Yeas - 6 Nays - 0
61. Public hearing to consider the application of Twin Cities Habitat for Humanity to rezone property
from B -2 (community business) to RT -1 (residential) to allow construction of two new single family
file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113721 \Minutes 7 -10- 199... 12/15/2010
Page 8 of 8
homes at 671 -681 Jenks Avenue (north side between Payne Avenue and Greenbrier Street).
Motion of intent adopted Yeas - 6 Nays - 0
62. Public hearing to consider the application of Pioneer Power, Inc. to rezone property from RM -2
(residential multiple family) to I -1 (light industrial) to allow expansion of the business at 570 Hatch
Avenue to 582 Hatch Avenue (south side between Dale and Kent Streets).
Motion of intent adopted Yeas - 6 Nays - 0
Suspension Items
First Reading - 96 -802 - An ordinance amending Chapter 200 of the Legislative Code pertaining to
animals; allowing that invisible fences be used as secondary canine restraints.
Laid over to July 17 for second reading
Resolution - 96 -803 - Approving application for an Entertainment -B, Restaurant -B, Sunday On Sale
Liquor, and Liquor On Sale -A License by Paraiso Inc., dba Paraiso Restaurant & Nightclub (Rudolph
Garcia), 175 5th Street East. (ID 478540)
Adopted Yeas - 5 Nays - 0 (Guerin not present for vote)
Resolution - 96 -804 - Recognizing National Parents' Day on Sunday, July 28, 1996.
Laid over to July 17 Yeas - 6 Nays - 0
Resolution - 96 -805 - Commending the Hazel Park Tigers Fast Pitch Softball Team and wishing them
luck representing St. Paul at the tournament in Duluth.
Adopted Yeas - 6 Nays - 0
file : //C:ADOCUME— l \cayre \LOCALS —1 \Temp \ELF20101215_113721 \Minutes 7 -10- 199... 12/15/2010