Minutes 9-11-1996Page 1 of 7
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, September 11, 1996 - 3:30 PM
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, Rettman, Thune
Absent - 1 - Megard (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
1. Claims of Gayle Johnson, Michael R. Vang and Vang Xiong.
Referred to Risk/Employee Benefit Management Division
2. Summons and Complaint in the matter of Willie Fred Howard vs. the City of Saint Paul.
Referred to the City Attorney's Office
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3. Summons and Complaint in the matter of Barbara J. Kachinsky vs. the City of Saint Paul.
Referred to the City Attorney's Office
4. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
September 25, 1996, at 4:30 p.m., concerning adverse action against licenses held by the Moa Family
Corporation, dba Wolter Brothers Pharmacy & Liquor, 438 University Avenue West. (Uncontested)
5. Letter from the Real Estate Division announcing a public hearing before the City Council on
September 25, 1996, to consider the vacation of Taylor Avenue from Snelling Avenue to Pascal Street.
6. Letters from Saint Paul Public Health declaring 217 Cayuga Street, 348 Duke Street and 616 Western
Avenue North as "nuisance properties." (For notification purposes only; public hearings will be
scheduled at a later date if necessary.)
7. Communications from Saint Paul Animal Control dated August 27 and August 30, 1996, announcing
a request from the University of Minnesota Research Lab for unclaimed dogs and cats.
8. Administrative Orders:
D001011 Approving expenses for the Chair of the Police - Civilian Internal Affairs Review
Commission to attend the annual National Association for Civilian Oversight of Law Enforcement
Conference in McLean Virginia from September 21 -25, 1996.
. D001012 Authorizing the Saint Paul Public Library to hold an annual staff recognition and in-
house training session regarding diversity in the workplace, funded by the Minnesota Foundation,
Perrie Jones Library Fund.
Noted as on file in the City Clerk's Office
9. Resolution - 96 -1075 - Approving the Memorandum of Agreement between the City of Saint Paul and
Minnesota Statewide District Council of Carpenters. (Laid over from September 4 for adoption)
Adopted Yeas - 6 Nays - 0
10. Resolution - 96 -1102 - Requesting an extension of time to complete work being done on a building
at 217 Bates Avenue.
Adopted Yeas - 6 Nays - 0
11. Resolution - 96 -1103 - Finalizing City Council action taken July 24, 1996, granting a variance to
allow continued parking within a required front yard at 2103 Hartford Avenue.
Adopted Yeas - 6 Nays - 0
12. Resolution - 96 -1104 - Finalizing City Council action taken July 24, 1996, granting a variance to
allow the continued use of a parking space in a required front yard at 2107 Hartford Avenue.
Adopted Yeas - 6 Nays - 0
13. Resolution - 96 -1105 - Setting a City Council public hearing on Wednesday, October 16, 1996, on
the proposed creation of Williams Hill Tax Increment Financing District and a Hazardous Substance
Subdistrict therein.
Adopted as amended Yeas - 6 Nays - 0
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14. Resolution - 96 -1106 - Releasing emergency access easement in part of vacated Nevada Avenue and
releasing "construction only" easements in Block 8, Morton's Addition, and to convey sewer easement in
Block 8, Morton's Addition to the Metropolitan Council.
' Adopted Yeas - 6 Nays - 0
15. Preliminary Order - 96 -1107 - In the matter of approving construction of street paving and new
lighting in connection with the Page /Cherokee Area Street Paving and Lighting Project, and setting date
of public hearing for November 6, 1996. (File 418801)
Adopted Yeas - 6 Nays - 0
16. Preliminary Order - 96 -1108 - In the matter of approving storm sewer, sanitary and water
connections at the property owner's request in conjunction with the Page /Cherokee Area Residential
Street Paving Program, and setting date of public hearing for November 6, 1996. (File 418806)
Adopted Yeas - 6 Nays - 0
17. Resolution Approving Assessment - 96 -1109 - In the matter of condemnation and taking of
temporary easements necessary for the Edgerton Street Bridge Construction Project, and setting date of
public hearing for November 6, 1996. (File 418832)
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
18. Resolution - 96 -1110 - Approving a maximum annual tax levy for the City of Saint Paul.
Adopted Yeas - 5 Nays -1 (Thune)
ORDINANCES
19. Final Adoption - 96 -1002 - An ordinance finalizing City Council action approving the petition of
Bradley Rhodes, Maryland and Audrey Mork, and the estate of Filemon Balbuena to rezone property
located at the southeast corner of Marshall and Western Avenues and an extension on Dayton Avenue
from RM -2 to P -1. (Public Hearing held July 24, 1996)
Adopted Yeas - 5 Nays - 0 (Guerin not present for vote)
20. Second Reading - 96 -1095 - An ordinance to amend Chapter 310.18 of the Saint Paul Legislative
Code setting uniform license fee schedules by increasing the fee for selling animals to be used for
institutional research.
Laid over to September 25 for third reading /public hearing
21. Second Reading - 96 -1096 - An ordinance finalizing City Council action approving the petition of
James R. Fox to rezone property at 559 -561 Desoto Street from RT -1 to I -1. (Public hearing held August
7, 1996)
Laid over to September 18 for third reading
22. First Reading - 96 -1111 - An ordinance to amend A -11 of the Saint Paul Legislative Code pertaining
to notifications; standardizing notification requirements.
Laid over to October 9 for second reading Yeas - 5 Nays - 0 (Guerin not present for vote)
23. First Reading - 96 -1112 - An ordinance to amend Chapter 310 of the Saint Paul Legislative Code
pertaining to uniform license procedures; changing notification requirements for Class III license
renewals.
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Laid over to October 9 for second reading Yeas - 5 Nays - 0 (Guerin not present for vote)
24. First Reading - 96 -1113 - An ordinance to amend Chapter 359 of the Saint Paul Legislative Code
pertaining to sound trucks and broadcasting vehicles; repealing the current license requirement.
Withdrawn
25. First Reading - 96 -1114 - An ordinance to amend Chapter 401.03 of the Saint Paul Legislative Code
pertaining to licensing; standardizing public notification requirements.
Laid over to October 9 for second reading Yeas - 5 Nays - 0 (Guerin not present for vote)
26. First Reading - 96 -1115 - An ordinance to amend Chapter 407.04 of the Saint Paul Legislative Code
pertaining to uniform license procedures; standardizing notification requirements for hotel license
renewals.
Laid over to October 9 for second reading Yeas - 5 Nays - 0 (Guerin not present for vote)
27. First Reading - 96 -1116 - An ordinance to amend Chapter 409.06 of the Saint Paul Legislative Code
pertaining to licensing; standardizing notification requirements for outside service areas.
Laid over to October 9 for second reading Yeas - 5 Nays - 0 (Guerin not present for vote)
28. First Reading - 96 -1117 - An ordinance to amend Chapter 409.11 of the Saint Paul Legislative Code
pertaining to licensing; standardizing notification requirements for changes in the liquor service area.
Laid over to October 9 for second reading Yeas - 5 Nays - 0 (Guerin not present for vote)
29. First Reading - 96 -1118 - An ordinance to amend Chapter 410.07 of the Saint Paul Legislative Code
pertaining to licensing; standardizing notification requirements for malt liquor licenses.
Laid over to October 9 for second reading Yeas - 5 Nays - 0 (Guerin not present for vote)
30. First Reading - 96 -1119 - An ordinance to amend Chapter 411.04 of the Saint Paul Legislative Code
pertaining to licensing; standardizing notification requirements for license applications.
Laid over to October 9 for second reading Yeas - 5 Nays - 0 (Guerin not present for vote)
31. First Reading - 96 -1120 - An ordinance to amend Chapter 429.04 of the Saint Paul Legislative Code
pertaining to uniform license procedures; changing notification requirements for Class III license
renewals.
Laid over to October 9 for second reading Yeas - 5 Nays - 0 (Guerin not present for vote)
PUBLIC HEARINGS (Public hearings will begin at 4:30 p.m.)
32. Third Reading - 96 -1028 - An ordinance amending Chapters 60 and 62 of the Saint Paul Legislative
Code pertaining to pawn shop zoning.
Laid over to September 25 for final adoption
33. Third Reading - 96 -1029 - An ordinance amending Chapters 60 and 64 of the Saint Paul Legislative
Code pertaining to zoning.
Laid over to September 25 for final adoption
34. Third Reading - 96 -1070 - An ordinance amending Chapter 229 of the Saint Paul Legislative Code
relating to the curfew applied to minors.
Laid over to September 18 for continuation of third reading Yeas - 6 Nays - 0
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35. Resolution - 96 -1121 - Approving application for an Auto Body Repair Garage by Midway
Chevrolet, dba Abway (Abra Auto), 1190 University Avenue West. (ID 410575)
Adopted Yeas - 6 Nays - 0
36. Resolution - 96 -1122 - Approving application for a Class B Gambling Location License by Parrish's
Inc., dba Parrish's, 2176 7th Street West. (ID 415847)
Adopted Yeas - 6 Nays - 0
37. Resolution - 96 -1123 - Approving application for a State Class B Gambling Premise Permit by Keith
Poppenhagen on behalf of Minnesota Licensed Beverage Association /Children's Fund at Parrish's, 2176
7th Street West. (ID 413- 04067)
Adopted Yeas - 6 Nays - 0
38. Resolution - 96 -1124 - Approving application for a Gambling Manager's License by Judith M.
Ryser, dba Minnesota Licensed Beverage Association /Children's Fund, at Parrish's, 2176 7th Street
West. (ID 412086)
Adopted Yeas - 6 Nays - 0
39. Resolution - 96 -1125 - Approving application for a Class C Gambling Location License by Por -Du,
Inc., dba Porky's, 1080 Payne Avenue. (ID 483898)
Adopted Yeas - 6 Nays - 0
40. Resolution - 96 -1126 - Approving application for a State Class B Gambling Premise Permit by Keith
Poppenhagen on behalf of Minnesota Licensed Beverage Association /Children's Fund, at Porky's, 1080
Payne Avenue. (ID 413- 04067)
Adopted Yeas - 6 Nays - 0
41. Resolution - 96 -1127 - Approving application for a Gambling Manager's License by Judith M.
Ryser, dba Minnesota Licensed Beverage Association /Children's Fund, at Porky's, 1080 Payne Avenue.
(ID 475941)
Adopted Yeas - 6 Nays - 0
42. Resolution - 96 -1128 - Approving application for a Class A Gambling Location License by O'Gara's
Bar & Grill, Inc., dba O'Gara's Bar & Grill, 164 Snelling Avenue North. (ID 437824)
Adopted Yeas - 6 Nays - 0
43. Resolution - 96 -1129 - Approving application for a State Class B Gambling Premise Permit by Keith
Poppenhagen on behalf of Minnesota Licensed Beverage Association /Children's Fund, at O'Gara's Bar
& Grill, 164 Snelling Avenue North. (ID4B-
04067)
Adopted Yeas - 6 Nays - 0
44. Resolution - 96 -1130 - Approving application for a Gambling Manager's License by Judith M.
Ryser, dba Minnesota Licensed Beverage Association /Children's Fund, at O'Gara's Bar & Grill, 164
Snelling Avenue North. (ID 491440)
Adopted Yeas - 6 Nays - 0
45. Resolution - 96 -1068 - Execution and delivery of a supplemental trust indenture to restructure Phase
X of the Minneapolis /Saint Paul Housing Finance Board First -Time Home Buyer Program. (Laid over
from August 28)
Substitute introduced and adopted Yeas - 6 Nays - 0
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46. Resolution Ratifying Assessment - 96 -1131 - In the matter of construction of sanitary sewer and
service connections in Hunting Valley Road from Doswell Avenue to approximately 400 feet south of
Doswell Avenue. (File 418714)
Adopted Yeas - 6 Nays - 0
47. Resolution Ratifying Assessment - 96 -1132 - In the matter of construction of a public water main
and service connections in Hunting Valley Road from Doswell Avenue to approximately 400 feet south
of Doswell Avenue. (File 418715)
Adopted Yeas - 6 Nays - 0
48. Resolution Ratifying Assessment - 96 -1133 - In the matter of the Cretin /Bayard Area Residential
Street Paving Program. (File 418802)
Adopted Yeas - 6 Nays - 0
49. Resolution Ratifying Assessment - 96 -1134 - In the matter of a permanent easement for lighting
purposes on Maiden Lane between Nina Street and Selby Avenue. (File 418829)
Adopted Yeas - 6 Nays - 0
50. Resolution 96 -1039 - Ordering the owner to remove or repair the building at 710 Dayton Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval) (Laid over from August 28)
Laid over to September 25 Yeas - 6 Nays - 0
51. Resolution 96 -1042 - Ordering the owner to remove or repair the building at 443 Maryland Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval) (Laid over from August 28)
Adopted Yeas - 6 Nays - 0
52. Public Hearing (scheduled by petition) concerning the nuisance property at 687 Edmund Avenue.
Motion of intent - Referred to City Attorney for
investigation
Yeas - 5 Nays - 0 (Harris not present for vote)
53. Public Hearing (scheduled by petition) concerning the nuisance property at 755 Edmund Avenue.
Motion of intent - Referred to City Attorney for
investigation
Yeas - 5 Nays - 0 (Harris not present for vote)
54. Public Hearing (scheduled by petition) concerning the nuisance property at 677 Kent Street.
Motion of intent - Referred to City Attorney for
investigation
Yeas - 5 Nays - 0 (Harris not present for vote)
55. Resolution - 96 -1135 - Concerning adverse action against licenses held by L & K Corporation, dba
Quick Stop Liquor, 824 7th Street East. (Uncontested)
Adopted as amended Yeas - 6 Nays - 0
56. Resolution - 96 -1136 - Concerning adverse action against licenses held by Q.C. Energy H, L.C., dba
Jiffy, 637 Rice Street. (Uncontested)
Adopted Yeas - 5 Nays - 0 (Guerin not present for vote)
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57. Public Hearing to consider the report of the Administrative Law Judge concerning adverse action
against licenses held by Khadrah Wazwaz, dba 7th Street Market, 1658 7th Street East.
Adopted the Findings of Fact, Conclusions and Recommendation of the Administrative Law
Judge - impose $200 penalty
Yeas - 5 Nays - 0 (Guerin not present for vote)
58. Public Hearing to consider the application of Jeanne Holmes to rezone property from RM -2
(residential) to B -2C (community business converted) to allow an office for the Hungry Mind Press, 98
North Snelling Avenue (east side between Ashland and Laurel).
Motion of intent - application granted Yeas - 5 Nays - 0 (Guerin not present for vote)
59. Public Hearing to consider the appeal of Concerned Residents of Como Park to a decision of the
Planning Commission granting a special condition use permit to Marvin E. Lundquist /Tires Plus to
allow an auto specialty store at 1144 Larpenteur Avenue (south side between Lexington and Dunlap).
Motion of intent - appeal granted Yeas - 4 Nays - 2
(Guerin, Harris)
60. Public Hearing to consider the appeal of Marvin Lundquist /Tires Plus to a decision of the Planning
Commission granting a special condition use permit to Marvin E. Lundquist /Tires Plus to allow an auto
specialty store at 1144 Larpenteur Avenue (south side between Lexington and Dunlap). Appellant is
appealing a condition imposed by the Planning Commission relating to hours of operation.
Motion of intent - appeal denied Yeas - 6 Nays - 0
Suspension Items
Resolution - 96 -1137 - Accepting invitations from the Ramada Inn and Conference Center, 1870 Old
Hudson Road, for the Mayor, Council and City staff to attend a celebration of their new facilities.
Adopted Yeas - 6 Nays - 0
Resolution - 96 -1138 - Approving the addition of BlackHawks of Saint Paul Soccer, Como Park Youth
Wrestling /Football, Homecroft Booster Club and the Portage for Youth to the 1996 Charitable Gambling
10% Club.
Adopted Yeas - 6 Nays - 0
Resolution - 96 -1139 - Proclaiming Saturday, September 14, 1996, as Merle Harris Day for his
dedication to the revitalization of Selby Avenue.
Adopted Yeas - 6 Nays - 0
Resolution - 96 -1140 - Accepting the offer of Trans World Airlines to provide travel and related
expenses to City staff for a trip to Providence, Rhode Island to assist in planning the Smithsonian
Institute's exhibit at the Saint Paul Civic Center.
Adopted Yeas - 6 Nays - 0
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