Minutes 7-3-1996Page 1 of 7
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, July 3, 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 June 5, 1996, and June 26, 1996, Closed Door Session.
Adopted Yeas - 7 Nays - 0
2. Claims of Jeffrey R. Blanchard, Sean Bowman, Donald Eckert, Anne M. Huntley, Adeleen M.
Leininger, Graciela Villegas, and Jacqueline Vosecky.
Referred to Risk Employee Benefit Management Division
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3. Letter from the Office of the City Attorney announcing a hearing before the City Council on July 10,
1996, concerning adverse action against licenses held by Applebaum Companies, Inc., dba Big Top
Liquors, 1574 University Avenue West. (Uncontested)
4. Letter from the Office of the City Attorney announcing a hearing before the City Council on July 10,
1996, concerning adverse action against licenses held by Blue Marine Convenience Store, Inc., dba Blue
Marine Market, 1186 Prosperity Road. (Uncontested)
5. Letter from the Office of the City Attorney announcing a hearing before the City Council on July 10,
1996, concerning adverse action against licenses held by Fleming Companies, Inc., dba Rainbow Foods,
1566 University Avenue West. (Uncontested)
6. Letter from the Office of the City Attorney announcing a hearing before the City Council on July 10,
1996, concerning adverse action against licenses held by Frank Willman, dba Gala Foods, 544
University Avenue West. (Uncontested)
7. Letter from the Office of the City Attorney announcing a hearing before the City Council on July 10,
1996, concerning adverse action against licenses held by Miller and Holmes, Inc., dba M & H Gas
Station, 721 Arcade Street. (Uncontested)
8. Letter from the Office of the City Attorney announcing a hearing before the City Council on July 10,
1996, concerning adverse action against licenses held by Nizar M. Alsadi, dba Nizar's Market, 1541
Maryland Avenue East. (Uncontested)
9. Letter from the Office of the City Attorney announcing a hearing before the City Council on July 10,
1996, concerning adverse action against licenses held by Paul Schwietz, dba Schwietz's Tobacco Outlet,
1440 Arcade Street. (Uncontested)
10. Letter from the Office of the City Attorney announcing a hearing before the City Council on July 10,
1996, concerning adverse action against licenses held by Ramsey Financial -GIII Enterprises, aka
Tobacco Plus, 577 University Avenue West. (Uncontested)
11. Letter from the Office of the City Attorney announcing a hearing before the City Council on July 10,
1996, concerning adverse action against licenses held by St. Paul Firearms Company, 634 Snelling
Avenue North. (Uncontested)
12. Letter from the Department of Planning and Economic Development announcing a hearing before
the City Council on July 10, 1996, 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 homes at 671 -681 Jenks Avenue (north side between Payne Avenue and Greenbrier
Street).
13. Letter from the Department of Planning and Economic Development announcing a hearing before
the City Council on July 10, 1996, 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).
14. Letter from the Office of License, Inspections and Environmental Protection announcing a hearing
before the City Council on July 24, 1996, to consider the appeal of Donald and Debra Wright to a
decision of the Board of Zoning Appeals denying a variance to allow parking within a required front
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yard at 2103 Hartford Avenue.
15. Letter from the Office of the City Attorney announcing a continuation of hearing before an
Administrative Law Judge on July 24, 1996, 9:30 a.m., Room 40B, Saint Paul City Hall, concerning
adverse action against licenses held by Metro Bar & Grill, Inc., dba Arnellia's, 1183 University Avenue.
16. Letters from Saint Paul Public Health declaring 436 Case Avenue, 579 -581 Desoto Street, 891
Edmund Avenue, 452 Page Street East, and 664 Surrey Avenue as "nuisance properties" and setting date
of Legislative Hearings for July 16, 1996, and City Council Hearings for July 24, 1996.
17. Letter from Saint Paul Public Health declaring 665 Jessamine Avenue East, 831 Jessamine Avenue
East, 752 Reaney Avenue and 330 Sherburne Avenue as "nuisance properties." (For notification
purposes only; public hearings will be scheduled at a later date if necessary.)
18. Resolution - 96 -697 - Approving the reappointment, by Mayor Coleman, of Susan Sands to the
District Energy Saint Paul, Inc. Board of Directors. (Laid over from June 26 for adoption)
Adopted Yeas - 7 Nays- 0
19. 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. (Laid over from June 26 for
adoption)
Adopted Yeas - 7 Nays - 0
20. Resolution - 96 -699 - Approving the reappointment, by Mayor Coleman, of Michael Arcand to the
Saint Paul Water Board of Commissioners. (Laid over from June 26 for adoption)
Adopted Yeas - 7 Nays - 0
21. 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. (Laid over from June
26 for adoption)
Adopted Yeas - 7 Nays - 0
22. 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. (To be laid over one week
for adoption)
Laid over to July 10 for adoption
23. Resolution - 96 -736 - Modifying the City Council Performance Audit Program and accepting the
City Council Research Performance Audit Plan and Guidelines.
Laid over to July 24 Yeas - 7 Nays - 0
24. Resolution - 96 -737 - Agreeing to indemnify and hold harmless the Minnesota State Fair for use of
their parking lot for the Hmong Sports Festival at McMurray Field on July 5 and 6, 1996.
Adopted Yeas - 7 Nays - 0
25. Resolution - 96 -738 - Agreeing to indemnify and hold harmless Norwest Bank as the sponsor of
"Norwest's Riverboat Rendezvous" on Harriet Island on July 20, 1996.
Adopted as amended Yeas - 7 Nays - 0
26. Resolution - 96 -739 - Authorizing release of utility easements in the alley in Block 2 William's
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Rearrangement of Block 7 and part of block 4 Nelson's Addition.
Adopted Yeas - 7 Nays - 0
27. Resolution - 96 -740 - Approving a Registered Land Survey for property at 824 Hampden Avenue.
Adopted Yeas - 7 Nays - 0
28. Preliminary Order - 96 -741 - In the matter of sidewalk reconstruction on both sides of Maria Avenue
from Euclid Street to Surrey Avenue, and setting date of public hearing for August 28, 1996. (File
4596005)
Adopted Yeas - 7 Nays - 0
29. Preliminary Order - 96 -742 - In the matter of sidewalk reconstruction on the south side of Iglehart
Avenue from North Chatsworth Street to North Oxford Street; the east side of North Milton Street from
Dayton Avenue to approximately 111.16 feet south of Dayton Avenue; and both sides of North
Syndicate Street from Van Buren Avenue to West Minnehaha Avenue, and setting date of public hearing
for August 28, 1996. (File #596009- 10 -11)
Adopted Yeas - 7 Nays - 0
30. Preliminary Order - 96 -743 - In the matter of sidewalk reconstruction on the south side of
Beechwood Avenue from Davern Street to South Fairview Avenue at 1716 Beechwood Avenue only,
and the north side of Eleanor Avenue from South Chatsworth Street to Rogers Street at 989 Eleanor
Avenue only, and setting date of public hearing for August 28, 1996. (File 4596016, 596017)
Adopted Yeas - 7 Nays - 0
31. Preliminary Order - 96 -744 - In the matter of sidewalk reconstruction on both sides of Como Avenue
from Churchill Street to approximately 123.5 feet east of Churchill Street, and setting date of public
hearing for August 28, 1996. (File 4596018)
Adopted Yeas - 7 Nays - 0
32. Preliminary Order - 96 -745 - In the matter of sidewalk reconstruction on the east side of Lake Street
from Bush Avenue to East Seventh Street at 792 Lake Street only, and setting date of public hearing for
August 28, 1996. (File 4596019)
Adopted Yeas - 7 Nays - 0
33. Preliminary Order - 96 -746 - In the matter of sidewalk reconstruction on both sides of Hague
Avenue from North Avon Street to Fisk Street and the east side of Fisk Street from Selby Avenue to
Hague Avenue; both sides of Iglehart Avenue from North Victoria Street to North Milton Street; and the
north side of Thomas Avenue from Kent Street to North Dale Street at 579 Thomas Avenue only, and
setting date of public hearing for August 28, 1996. (File 4596020 -22)
Adopted Yeas - 7 Nays - 0
34. Preliminary Order - 96 -747 - In the matter of sidewalk reconstruction on both sides of Hague
Avenue from North Wheeler Street to North Fairview Avenue, and setting date of public hearing for
August 28, 1996. (File 4596029)
Adopted Yeas - 7 Nays - 0
35. Preliminary Order - 96 -748 - In the matter of sidewalk reconstruction on the south side of East Hoyt
Avenue from McAfee Street to Clarence Street at 1563 Clarence Street only, and setting date of public
hearing for August 28, 1996. (File #596031)
Adopted Yeas - 7 Nays - 0
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36. Preliminary Order - 96 -749 - In the matter of sidewalk reconstruction on the north side of Berkeley
Avenue from South Hamline Avenue to South Albert Avenue at 1345 Berkeley Avenue only; the north
side of Colvin Avenue from Davern Street to Hilltop Lane, the east side of Davern Street from Palace
Avenue to approximately 143 feet north of Palace Avenue; the south side of Fairmount Avenue from
South Syndicate Street to South Hamline Avenue at 1336 Fairmount Avenue only; the north side of Ford
Parkway from South Snelling Avenue to Macalester Street at 1631 Ford Parkway only; and the west side
of South Saratoga Street from St. Clair Avenue to Stanford Avenue at 1522 St. Clair Avenue only, and
setting date of public hearing for August 28, 1996. (File 4S96035 -40)
Adopted Yeas - 7 Nays - 0
37. Preliminary Order - 96 -750 - In the matter of sidewalk reconstruction on the north side of West
Cook Avenue from Marion Street to Galtier Street; the north side of West Cook Avenue from Rice
Street to Albemarle Street; the south side of West Cook Avenue from Rice Street to Galtier Street; and
the west side of Woodbridge Street from West Cook Avenue to West Jessamine Avenue at 1091, 1097
and 1099 Woodbridge Street only, and setting date of public hearing for August 28, 1996. (File
4S96041 -44)
Adopted Yeas - 7 Nays - 0
38. Preliminary Order - 96 -751 - In the matter of sidewalk reconstruction on both sides of East Montana
Avenue from Flandrau Street to North White Bear Avenue, and setting date of public hearing for August
28, 1996. (File 4S96045)
Adopted Yeas - 7 Nays - 0
39. Preliminary Order - 96 -752 - In the matter of sidewalk reconstruction on the east side of North St.
Albans Street from Hague Avenue to Laurel Avenue at 678 Hague Avenue only, and setting date of
public hearing for August 28, 1996. (File 4S96047)
Adopted Yeas - 7 Nays - 0
40. Preliminary Order - 96 -753 - In the matter of sidewalk reconstruction on both sides of Ross Avenue
from Flandrau Street to North White Bear Avenue, and both sides of East Seventh Street from
Hazelwood Street to Germain Street, and setting date of public hearing for August 28, 1996. (File
4S96048 & S96049)
Adopted Yeas - 7 Nays - 0
41. Preliminary Order- 96 -754 - In the matter of sidewalk reconstruction on both sides of Kenneth Street
from Bohland Avenue to Saunders Avenue, and setting date of public hearing for September 4, 1996.
(File 4S96050)
Adopted Yeas - 7 Nays - 0
42. Resolution - 96 -755 - Authorizing the withholding of tax forfeit parcels from public sale.
Laid over to July 10 Yeas - 7 Nays - 0
FOR DISCUSSION
43. 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 26)
Appeal denied (Stipulations were agreed to by both parties and included in the record)
Yeas - 6 Nays - 0 (Guerin not present for vote)
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44. Resolution - 96 -583 - Authorizing and directing the proper City officials to execute a joint powers
agreement with the County of Ramsey providing for the consolidation and transfer of various public
health programs and functions. (Amended and laid over from June 19)
Substitute introduced, amended, and adopted Yeas - 6 Nays -1 (Thune)
45. Update on St. Paul Coordinated Housing Investment Program and St. Paul Workforce
NeighborLINK, including guidelines. (Laid over from June 12)
Guidelines adopted as amended Yeas - 7 Nays - 0
ORDINANCES
46. 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 on June 26)
Amended and laid over to July 10 for final adoption Yeas - 7 Nays - 0
47. Final Adoption - 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 August 7 Yeas - 4 Nays - 3 (Blakey, Megard, Thune)
48. Final Adoption - 96 -642 - An ordinance amending Section 293.07 of the Saint Paul Legislative Code
relating to noise regulation of radios and similar devices. (Amended on June 26)
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
49. Third 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 10 for final adoption
50. First 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 10 for second reading
51. First 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 10 for second reading
PUBLIC HEARINGS
52. Third Reading - 96 -694 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to Zoning.
Laid over to July 10 for final adoption
53. 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 447564) (Laid over from June 26)
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Adopted Yeas - 7 Nays - 0
54. Resolution - 96 -758 - Approving application for a Class C Gambling Location License by B.H.M.,
Inc., dba Born's Bar, 899 Rice Street. (ID 435652)
Adopted Yeas - 5 Nays - 0 (Guerin and Thune not present for vote)
55. Resolution - 96 -759 - Approving application for a State Class B Gambling Premise Permit by
Eustolio Benevides III on behalf of Neighborhood House Association at Born's Bar, 899 Rice Street. (ID
#B- 02537)
Adopted Yeas - 5 Nays - 0 (Guerin and Thune not present for vote)
56. Resolution - 96 -760 - Approving application for a Gambling Manager's License by Sheri J. Zigan,
dba Neighborhood House Association, at Born's Bar, 899 Rice Street. (ID 475770)
Adopted Yeas - 5 Nays - 0 (Guerin and Thune not present for vote)
57. Resolution - 96 -761 - Approving application for a Cigarette, Off Sale Malt, and Grocery C License
by Adam's Food, Inc. (Ahmad Khatib), 361 Earl Street. (ID 424322)
Adopted Yeas - 5 Nays - 0 (Guerin and Thune not present for vote)
58. Resolution - 96 -538 - Ordering the owner to remove or repair the building located at 275
Commercial Street within fifteen (15) days from adoption of resolution. (On May 7, 1996, the
Legislative Hearing Officer recommended the owner be granted 180 days to bring the building
into compliance provided a $2,000 performance bond was posted by the May 22 City Council
meeting) (Laid over from June 5)
Withdrawn
59. Resolution Ratifying Assessment - 96 -762 - In the matter of sidewalk reconstruction on both sides of
Victoria Street from James Avenue to Randolph Avenue. (File 4S95082) (Laid over from June 26)
Adopted Yeas - 7 Nays - 0
60. Resolution Ratifying Assessment - 96 -763 - In the matter of installing a public water main and
service connection in Winthrop Lane from Burlington Road to approximately 400 feet north of
Burlington Road and in Winthrop Court from Winthrop Lane to the cul -de -sac. (File 418730)
Adopted Yeas - 7 Nays - 0
61. Public hearing 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)
Appeal granted with conditions Yeas - 7 Nays - 0
Suspension Items
Letter from the Real Estate Division announcing a public hearing before the City Council on July 24,
1996, to consider vacation of property for a Burger King franchise.
Resolution - 96 -777 - Acceping the invitation of the Civic Center for lunch and an oversight and update
on the Civic Center Expansion Project.
Adopted Yeas - 6 Nays - 0 ( Thune not present for vote)
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