Minutes 2-26-1997Page 1 of 7
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, February 26, 1997 - 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 Hearing
Present - 5 - Councilmembers Blakey, Megard, Mauer, Rettman, Thune
Absent - 2 - Councilmembers Bostrom & Harris (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
L. Approval of minutes of January 29 and February 5, 1997.
Adopted Yeas - 5 Nays - 0
2. Claims of American Family Insurance (for Dung Phan), David Beaudet, Christy Benda, James
Brown, Robin Furst, Holm & Olson Florist, Mike Kniecik, David Penn, Thomas Schway (for Azukaego
Aghenu), Philip Schweitzer, Michelle Shaw, Debra Steffensmeier, Pheing Vang, and Mary Joe Vavaro.
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Referred to Risk /Employee Benefits Management Division
3. Summons and Complaint in the matter of John P
et al.
Referred to the City Attorney's Office
Gross and Roxanne Gross vs. the City of Saint Paul,
4. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by Adam's Food, Inc., 361 Earl
Street. (Uncontested)
5. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by Ward Mens, dba Concord
Drug, 176 Concord Street. (Uncontested)
6. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by Bassam H. Hasan, dba Dale
& Selby Superette & Deli, 618 Selby Avenue. (Uncontested)
7. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by Greg Ekbom, dba Day By
Day Cafe, 477 West 7th Street. (Uncontested)
8. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by Green Brothers, Inc., dba
Eastern Heights Service, 1770 Old Hudson Road. (Uncontested)
9. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by E.S.W., dba Easy Street
West, 616 Como Avenue. (Uncontested)
10. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by Four Seasons Automotive
Service, Inc., 373 Ruth Street North. (Uncontested)
11. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by Frank Willman Distribution,
dba Gala Foods, 1600 White Bear Avenue North. (Uncontested)
12. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by Reyes Group, Inc., dba Hazel
Park Amoco, 1200 White Bear Avenue North. (Uncontested)
13. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by Jerry Belgea Enterprises,
Inc., dba Jeraldine's, 605 Front Avenue. (Uncontested)
14. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by James Kennedy, dba
Kennedy Pharmacy, 334 Robert Street North. (Uncontested)
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15. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by Sonny's Bar, Inc., dba Louie's
Bar, 883 Payne Avenue. (Uncontested)
16. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by Laro Inc., dba Patrick's
Lounge, 1318 Larpenteur Avenue West. (Uncontested)
17. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by Walmont, Inc., dba Tiffany
Lounge, 2051 Ford Parkway. (Uncontested)
18. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by Avanti Petroleum, Inc., dba
Total Mart 45667, 304 Larpenteur Avenue East. (Uncontested)
19. Letter from the Office of the City Attorney announcing that the public hearing before the City
Council to consider the report of the Administrative Law Judge concerning licenses held by Gregg
Perkins, dba St. Paul Firearms, 634 North Snelling Avenue, has been rescheduled to March 12, 1997.
20. Letter from Saint Paul Public Health declaring 578 Forest Street as "nuisance property." (For
notification purposes only; public hearings will be scheduled at a later date if necessary.)
21. Communication from Saint Paul Animal Control dated February 18, 1997, announcing a request
from the University of Minnesota Research Lab for unclaimed dogs and cats.
22. Administrative Orders:
. D001142 Amending the 1996 budget of the Capital Improvement Budget fund in the Division of
Parks and Recreation for Mears Park Street Lighting and Streetscape Improvements.
. D001143 Amending the 1996 budget in the Department of Public Works - Street Repair and
Cleaning Fund.
. D001144 Amending the 1996 budget in the Department of Public Works - General Fund.
. D001145 Approving payment, not to exceed $7,000, to various vendors for the 1996 Parks and
Recreation Volunteer Dinner on April 29, 1997.
. D001146 Approving payment, not to exceed $6,500, for a Parks and Recreation Conference on
March 11, 1997, at Earle Brown Center.
. D001147 Approving payment for expenses for Saint Paul Police Department participants at
seminars in relation to the Cops 'N Kids program.
Noted as on file in the City Clerk's Office
23. Resolution - 97 -159 - Approving the appointment of Jeanne Katz, by Mayor Coleman, to serve on
the Saint Paul Overnight Shelter Board. (Laid over from February 19 for adoption)
Adopted Yeas - 5 Nays - 0
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24. Resolution - 97 -180 - Approving the reappointment of Dr. Susan Cole, Jay Cowles, Victoria Davis,
Jack Hoeschler, and Patricia J. Tototzintle, by Mayor Coleman, to serve on the Saint Paul Riverfront
Corporation. (To be laid over one week for adoption)
Laid over to March 5 for adoption
25. Resolution - 97 -176 - Approving the issuance of $2,295,000 Variable Rate Demand Industrial
Development Revenue Bonds to finance the costs to be incurred by Northern Iron Corporation. (Laid
over from February 19)
Adopted Yeas - 5 Nays - 0
26. Resolution - 97 -181 - Authorizing the City to enter into an Agreement with the Neighborhood
Health Care Network to coordinate and provide health care services on behalf of former American
Indian Health Clinic clients.
Adopted Yeas - 5 Nays - 0
27. Resolution - 97 -182 - Accepting the Council Investigation and Research Center's performance audit
report of Saint Paul's Animal Control Unit.
Adopted Yeas - 5 Nays - 0
28. Resolution - 97 -183 - Requesting the State of Minnesota to allow cities and counties to enact laws
relating to pistols and assault weapons and supporting other measures to reduce gun violence.
Adopted Yeas - 5 Nays - 0
29. Resolution - 97 -184 - Authorizing employment of a project manager in the Office of the City
Council to coordinate anti -gun activities, develop long -term strategies and see to the implementation of
specific programs related to anti -gun violence.
Adopted as amended Yeas - 4 Nays -1 (Rettman)
30. Resolution - 97 -185 - Approving payment of $24,000 to Cynthia Guidaboni in full settlement of her
claim against the City of Saint Paul.
Laid over to March 5 Yeas - 5 Nays - 0
31. Resolution - 97 -186 - Approving the appointment of Tienne Otteson as Legislative Aide to
Councilmember Mark Mauer.
Adopted Yeas - 5 Nays - 0
32. Resolution - 97 -187 - Authorizing an amendment to the Pledge Agreement for the Parking and
Transit Fund.
Laid over to March 12 Yeas - 5 Nays - 0
33. Resolution - 97 -188 - Finalizing City Council action taken December 11, 1996, granting the appeal
of David Sattinger and Ingunn Sachs from a decision of the Saint Paul Board of Zoning Appeals for
property at 2155 Lower St. Dennis Road.
Adopted Yeas - 5 Nays - 0
34. Resolution - 97 -189 - Finalizing City Council action taken December 26, 1996, denying the appeal
of Peter Lobinsky to a decision of the Saint Paul Planning Commission pertaining to 672 Arcade Street.
Adopted Yeas - 5 Nays - 0
35. Resolution - 97 -190 - Assigning the proper CDBG codes and completing the transaction for the
$1.451 million in CDBG funding for the Hazel Park Recreation Center project.
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Adopted Yeas - 5 Nays - 0
36. Resolution - 97 -191 - Requesting appropriation from the State Legislature for the "Greening the
Great River Park" project.
Adopted Yeas - 5 Nays - 0
37. Resolution - 97 -192 - Modifying authorization for the process surrounding after - school youth
enrichment capital funds.
Adopted Yeas - 5 Nays - 0
FOR DISCUSSION
38. Resolution - 97 -2 - Accepting and adopting the "Business Plan: Implementation of a Comprehensive
Housing Strategy" developed by the Department of Planning and Economic Development. (Laid over
from February 12)
Laid over to March 19 Yeas - 5 Nays - 0
ORDINANCES
39. Third Reading - 97 -146 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to zoning for the City of Saint Paul and the zoning maps thereof. (Rezone property at 110
West Sycamore Street from B -3 to I -1) (Public hearing held January 22)
Laid over to March 5 for final adoption
40. Second Reading - 97 -177 - An ordinance amending Section 2.05 of the Saint Paul Charter in
accordance with Minn. Stat. § 410.12.
Laid over to March 5 for third reading /public hearing
PUBLIC HEARINGS (Public hearings will begin at 4:30 p.m.)
41. Third Reading - 97 -52 - An ordinance amending Chapter 366 of the Saint Paul Legislative Code to
require permits for use of downtown parks for community festivals and special events.
Laid over to April 23 for continuation of third reading /public hearing
Yeas - 5 Nays - 0
42. Third Reading - 97 -91 - An ordinance amending the Saint Paul Legislative Code Section 43.02 to
improve the definition of owner.
Laid over to March 5 for final adoption
43. Third Reading - 97 -144 - An ordinance establishing the position of Library Director in the
unclassified service pursuant to Section 12.03.2(H) of the City of Saint Paul Charter.
Laid over to March 5 for final adoption
44. Third Reading - 97 -145 - An ordinance amending Chapter 21 of the Administrative Code, entitled
Officer's Qualifications, by establishing minimum qualifications for the unclassified position of Library
Director.
Laid over to March 5 for final adoption
45. Resolution - 97 -100 - Concerning adverse action against cigarette license held by Utecht Foods, Inc.,
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dba Jubilee Foods, 2481 7th Street West. (Uncontested) (Laid over from February 5)
Adopted Yeas - 5 Nays - 0
46. Resolution - 97 -113 - Concerning adverse action against cigarette license held by Snyder Drug, 2083
Ford Parkway. (Uncontested) (Laid over from February 5)
Adopted Yeas - 5 Nays - 0
47. Resolution - 97 -114 - Concerning adverse action against cigarette license held by SuperAmerica
44414, 2065 Randolph Avenue. (Uncontested) (Laid over from February 5)
Adopted Yeas - 5 Nays - 0
48. Resolution - 97 -193 - Concerning adverse action against cigarette license held by Amoco Oil
Company, dba A.C.A. Management 4351, 623 Como Avenue. (Uncontested)
Adopted Yeas - 5 Nays - 0
49. Resolution - 97 -194 - Concerning adverse action against cigarette license held by Mickey's Diner,
1950 7th Street West. (Uncontested)
Adopted Yeas - 4 Nays - 0 (Blakey not present for vote)
50. Resolution - 97 -195 - Concerning adverse action against cigarette license held by Novak's On
Randolph, 919 Randolph Avenue. (Uncontested)
Adopted Yeas - 4 Nays - 0 (Blakey not present for vote)
51. Resolution - 97 -196 - Concerning adverse action against cigarette license held by St. Clair Broiler,
Inc., 1580 St. Clair Avenue. (Uncontested)
Adopted Yeas - 5 Nays - 0
52. Resolution - 97 -197 - Concerning adverse action against cigarette license held by Unbank Co. III,
467 St. Peter Street. (Uncontested)
Adopted Yeas - 5 Nays - 0
53. Resolution - 97 -198 - Approving application for an Off Sale Malt, Grocery -C, and Cigarette License
by Kab Yang, dba Artkes Mini Market, 1190 Randolph Avenue. (ID 466969)
Adopted Yeas - 5 Nays - 0
54. Resolution - 97 -199 - Approving application for a Gambling Manager's License by Jennifer J. Olson,
dba Children's Program of Northern Ireland at Patrick's Lounge, 1318 West Larpenteur Avenue. (ID
449320)
Adopted Yeas - 5 Nays - 0
55. Resolution - 97 -200 - Approving application for a State Class B Gambling Premise Permit by Cheryl
Kerner, on behalf of Children's Program of Northern Ireland at Patrick's Lounge, 1318 West Larpenteur
Avenue. (ID 404567)
Adopted Yeas - 5 Nays - 0
56. Resolution - 97 -201 - Approving application for an Auto Repair Garage License by Asian Auto
Tech, 874 Maryland Avenue East. (ID 424311)
Adopted as amended Yeas - 5 Nays - 0
57. Resolution - 97 -202 - Approving application for a General Repair Garage License by Steven Haney,
594 West Maryland Avenue. (ID 47495 1)
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Laid over to March 12 Yeas - 5 Nays - 0
58. Public hearing to consider the report of the Administrative Law Judge concerning adverse action
against licenses held by Sharon Casselman, dba Home Sweet Home Antiques, 941 Grand Avenue. (Laid
over from January 2)
Laid over to March 12 Yeas - 5 Nays - 0
59. Public hearing to consider the report of the Administrative Law Judge concerning adverse action
against licenses held by Credit Auto Sales, Inc., 859 University Avenue West.
Accepted Findings of Fact, Conclusions, and Recommendation of the Administrative Law Judge
Yeas - 5 Nays - 0
60. Public hearing to consider the report of the Administrative Law Judge concerning the license
application of Private Protection, Inc., 920 Selby Avenue.
Accepted Findings of Fact, Conclusions, and Recommendation of the Administrative Law Judge
as amended - License Application Denied
Yeas - 5 Nays - 0
61. Public hearing to consider the report of the Administrative Law Judge concerning the cigarette
license held by Scanlon's Ace Box Bar & Pub, Inc., dba Dublin Bar, 2162 University Avenue West.
Accepted Findings of Fact and Conclusions of the Administrative Law Judge as amended by the
written exceptions filed on behalf of the Office of License, Inspections and Environmental
Protection, which provides a $200.00 fine. The cost of the ALJ hearing was waived.
Yeas - 4 Nays - 1 (Rettman)
62. Resolution - 97 -203 - Approving the decision of the Legislative Hearing Office for Property Code
Enforcement Appeals for property at 624 Summit Avenue, 526 Bidwell Street, 46 and 48 West Isabel,
and 2060 East Minnehaha Avenue.
Adopted Yeas - 5 Nays - 0
63. Appeal of Alisha Duncan to a summary abatement for property located at 648 Watson Avenue.
(Legislative Hearing Officer recommends denying the appeal as the matter was resolved prior to
the hearing)
Appeal denied Yeas - 5 Nays - 0
64. Resolution - 97 -204 - Vacating portions of Windmill Street, Residence Street, Clear Avenue and
Cottage Street for the purpose of constructing a business /industrial park.
Adopted Yeas - 5 Nays - 0
65. Public hearing to consider the application of Daniel and Linda Burns to rezone property from RM -2
(multiple family residential) to B -3 (general business) to allow expansion and remodeling of the existing
auto repair business at 982 Grand Avenue (south side between Chatsworth and Oxford).
Laid over to March 12 Yeas - 5 Nays - 0
66. Public hearing to consider the application of the Saint Paul Port Authority for a preliminary and final
plat to allow the property at Arlington Industrial Park, west side of I35E between Arlington and
Maryland, to be subdivided into five lots for industrial development.
Motion of intent - application approved
Yeas - 5 Nays - 0
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