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Agenda 8-2-1995Page 1 of 7 AGENDA OF THE SAINT PAUL CITY COUNCIL Wednesday, August 2nd, 1995 - 3:30 PM 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 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 Highland Car Wash, John McHenry, and Frances M. Squires. 2. Summons and Complaint in the matter of Capitol Indemnity Corporation, a Wisconsin Corporation, vs. the City of St. Paul, et al. 3. Summons and Complaint in the matter of Charles Sinclair vs. the City of St. Paul, et al. 4. Letters from the Division of Public Health declaring 275 Commercial Street, 866 Jessie Street, 591 Mackubin Street, and 922 Westminster Street as "nuisance properties ". (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 5. Letters from the Division of Public Health declaring 43 Front Avenue, 1242 Juliet Avenue, 674 file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_113222\Agenda 8 -2... 12/15/2010 Page 2 of 7 Mendota Street and 879 -881 Margaret Street, 203 Robie Street West, 449 Sherburne Avenue, and 238 Victoria Street North as "nuisance properties" and setting date of Legislative Hearings for August 15, 1995, and City Council Hearings for August 23, 1995. 6. Letter from the Office of the City Attorney announcing date of hearing before an Administrative Law Judge on August 15, 1995, 9:30 a.m., Room 41, St. Paul City Hall, to consider adverse action against licenses held by Encore Music, Inc., 1952 University Avenue. 7. Letter from the Real Estate Division announcing date of public hearing before the City Council on August 30, 1995, to approve the release of retained easement rights in vacated Fenton Street lying within currently platted Lot 1, Block 2, Riverview Industrial Park Number 1. 8. Letter from the Ramsey County Department of Taxation transmitting Application AT95 -4438, 847 & 855 West 7th Street, for reduction in assessed valuation. (Real Estate Division recommends approval. 9. Certificate of Sufficiency regarding a petition by the ACORN citizens organization for the enactment of an ordinance regarding publicly assisted business enterprises and their hiring and wage practices. 10. Communication from St. Paul Animal Control dated July 24, 1995, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 11. Administrative Orders: . D00586 Amending the 1995 budget in the Mayor's Office by moving funds from Mayor's Contingency in anticipation of a request from Children's Initiative for a City contribution. . D00587 Amending the 1995 budget in the Division of Parks and Recreation to provide spending authority for purchase of capital items and for repairing existing item. . D00588 Amending the 1995 budget in the Department of Public Works by transferring spending authority between line items in the Sewer Service Enterprise fund to allow additional spending for major sewer repair projects and less spending for inflow and infiltration projects. . D00589 Addition of $100,000 to the contract for Civic Center parking ramp structural deck restoration. . D00590 Approving payment of $878 to Dr. Ralph Farnsworth, Como Zoo veterinarian, to attend the 1995 Annual Conference of the American Association of Zoo Veterinarians in Lansing, Michigan. . D00591 Amending the 1995 budget in the Division of Parks and Recreation to reflect proper accounting for maintaining normal operations throughout the year. . D00592 Amending the 1995 budget in the Office of License, Inspections & Environmental Protection by approving new activity numbers and new activity names for LIEP General Fund (001) and Special Funds (167) and (320). . D00593 Amending the 1995 budget in the Division of Citywide Information Services to transfer file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_113222\Agenda 8 -2... 12/15/2010 Page 3 of 7 funds from salaries to consultant fees. 12. Resolution - 95 -815 - Approving the appointments of Marilyn Porter, John Margot, and Judith Benton, by Mayor Coleman, to the Capital Improvement Budget Committee. (Laid over from July 26 for adoption) 13. Resolution - 95 -816 - Approving the reappointment of Robert Lowe, by Mayor Coleman, to District Energy St. Paul, Inc. (Laid over from July 26 for adoption) 14. Resolution - 95 -817 - Approving the appointment of Raymond Cantu, by Mayor Coleman, to the Saint Paul Human Rights Commission. (Laid over from July 26 for adoption) 15. Resolution - 95 -818 - Approving the appointment of Michael Arcand, by Mayor Coleman, to the Saint Paul Water Board. (Laid over from July 26 for adoption) 16. Resolution - 95 -851 - Approving the reappointments of Scott Bunin, Carol Ann McGuire, Craig Wruck, and Thomas Hueg, and the appointment of John Polunc, by Mayor Coleman, to the Metropolitan Aircraft Sound Abatement Council (MASAC). (To be laid over one week for adoption) 17. Resolution - 95 -852 - Approving the appointments of True Pham and Chantha Koy, by Mayor Coleman, to the New Americans Advisory Committee. (To be laid over one week for adoption) 18. Resolution - 95 -853 - Approving the reappointments of Andy Boss and Lillian Micke, and the appointments of Bob Fletcher and Fong Thao, by Mayor Coleman, to the Public Housing Agency of St. Paul. (To be laid over one week for adoption) 19. Resolution - 95 -854 - Approving the appointment of Bety Rios Christensen, by Mayor Coleman, to the Public Safety Advisory Council. (To be laid over one week for adoption) 20. Resolution - 95 -855 - Approving waiver of the 60% consent requirement for a block party /special event permit for the Smith Avenue Festival on August 20, 1995, between the hours of 10:00 a.m. and 6:00 p.m. 21. Resolution - 95 -856 - Approving cancellation of registered bills and the underlying debts forgiven for seven community or non -profit organizations. 22. Resolution Approving Assessment - 95 -857 - In the matter of installation of storm sewer connections, as requested by the property owners, in conjunction with the Seventh /Kellogg Sewer Separation Project, and setting date of public hearing for September 27, 1995. (File 418609 -5) 23. Resolution Approving Assessment - 95 -858 - In the matter of installation of storm sewer service connections, as requested by the property owner, in conjunction with the Macalester /Bayard Area Project, and setting date of public hearing for September 27, 1995. (File 418653 -2) 24. Resolution Approving Assessment - 95 -859 - In the matter of installation of storm sewer connections, as requested by the property owner, in conjunction with improving Lexington Parkway, and setting date of public hearing for September 27, 1995. (File 418674 -Conn) 25. Resolution Approving Assessment - 95 -860 - In the matter of installation of storm sewer service connections, as requested by the property owner, in conjunction with the Palace /Toronto Area Project, file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_113222\Agenda 8 -2... 12/15/2010 Page 4 of 7 and setting date of public hearing for September 27, 1995. (File 418675 -Conn) 26. Resolution Approving Assessment - 95 -861 - In the matter of installation of a water service connection, as requested by the property owner, in conjunction with the Palace/ Toronto Area Project, and setting date of public hearing for September 27, 1995. (File 418675 -WTRC) 27. Resolution Approving Assessment - 95 -862 - In the matter of installation of a water service connection, as requested by the property owner, in conjunction with the Albert/ Eleanor Area Project, and setting date of public hearing for September 27, 1995. (File 418704 -CWTR) 28. Resolution Approving Assessment - 95 -863 - In the matter of street improvements on George Street from Smith Avenue to Concord Street, and setting date of public hearing for September 27, 1995. (File 18752) 29. Resolution Approving Assessment - 95 -864 - In the matter of Como /Arona Street Paving and Lighting Project, and setting date of public hearing for September 27, 1995. (File 418768) 30. Resolution Approving Assessment - 95 -865 - In the matter of improving Hoyt Avenue between Hamline Avenue and Victoria Street, and setting date of public hearing for September 27, 1995. (File 418780) 31. Resolution Approving Assessment - 95 -866 - In the matter of improving Hoyt Avenue between Victoria Street and Avon Street, and setting date of public hearing for September 27, 1995. (File #18780 -B) 32. Resolution Approving Assessment - 95 -867 - In the matter of improving Annapolis Street between Stickney Street and Concord Street, and setting date of public hearing for September 27, 1995. (File 418785) 33. Resolution Approving Assessment - 95 -868 - In the matter of replacement of lead water service connections, and setting date of public hearing for September 27, 1995. (File 495LDSCRPL) 34. Resolution Approving Assessment - 95 -869 - In the matter of demolition of vacant buildings for May 1995 (J9508C); collecting expenses involved for towing abandoned vehicles from properties from January to May 1995 (J9509V); summary abatements (property clean -up) for May and June 1995 (J9509A); boardings -up of vacant buildings for April 1995 (J9509B); and boardings -up of vacant buildings for May 1995 (J951013), and setting date of public hearing for September 27, 1995) FOR DISCUSSION 35. Letter from the Ramsey County Department of Taxation transmitting Applications AY93 -0698, AY94 -2757 and AC94- 2015, Saint Paul Athletic Club, for reduction in assessed valuation. (Real Estate Division recommends approval) (Laid over from July 26) 36. Resolution - 94 -1827 - Directing the Division of Parks and Recreation to examine the necessity for file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_113222\Agenda 8 -2... 12/15/2010 Page 5 of 7 full -time permanent employees in activities that are seasonal in nature. (Referred to Finance & Budget Committee 12/21/94; recalled and laid over from July 5; laid over July 26) 37. Resolution - 94 -1832 - Directing the Administration to set standards for supervisors and the ratio of people managed by one supervisory, by March 31, 1995. (Referred to Finance & Budget Committee 12/21/94; recalled and laid over from July 5; laid over July 26) 38. Resolution - 95 -870 - Approving an impound storage lot 1 1/2 miles outside St. Paul city limits at 1921 East 24th Street, Minneapolis. 39. Resolution - 95 -871 - Declaring the petition and the proposed ordinance filed by the ACORN citizens group proper in accordance with the processes of Chapter 8 of the St. Paul City Charter. ORDINANCES 40. Final Adoption - 95 -727 - An ordinance repealing Council File 95 -350, adopted May 3, 1995, an interim ordinance with respect to drop -in centers. 41. Final Adoption - 95 -764 - Amending the Interim Ordinance imposing a moratorium within the City of Saint Paul on the location or transfer of off -sale liquor establishments pending the completion of studies of possible amendments to the City's Comprehensive Plan and Regulatory Ordinance. 42. First Reading - 95 -872 - An ordinance enacted pursuant to Section 17.17.1 of the Charter of the City of Saint Paul and Section 409.20 of the Saint Paul Legislative Code by creating an additional commercial development district at 249 West 7th Street between Walnut and Chestnut Streets. PUBLIC HEARINGS 43. Final Adoption - 95 -471 - An ordinance amending interim ordinance C.F. No. 93 -279 pertaining to Zoning, defining adult bookstore and adult material. (Laid over from July 19 for public hearing) 44. Third Reading - 95 -28 - An ordinance to limit the number of on -sale intoxicating liquor licenses, to reduce the concentration of liquor licenses, and to limit new licenses outside the downtown business district to hotels and restaurants. (Referred to City Operations Committee January 11, 1995; Committee submits a substitute with no recommendation; substitute introduced July 26) 45. Third Reading - 95 -794 - An ordinance amending various sections of the Saint Paul Legislative Code pertaining to Zoning. 46. Third Reading - 95 -795 - An ordinance pertaining to restaurants in commercial development districts to allow the sale and service of alcoholic beverages in sidewalk cafes. 47. Resolution - 95 -814 - Approving application for a Restaurant -B, On Sale Malt (Strong), Wine On Sale, and Bed and Breakfast Residence License by River Valley Preservation, LLC, dba The Covington Inn & No Wake Cafe, 0 Pier 1 Harriet Island. (Laid over from July 19) 48. Resolution - 95 -873 - Approving application for transfer of a Gambling Manager's License currently held by Joni Smith at Erick's Bar, 949 East 7th Street (ID 491119) and Trend Bar, 1537 University Avenue West (ID 446337), to Judy Fossland, dba Cystic Fibrosis Foundation, at the same addresses. file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_113222\Agenda 8 -2... 12/15/2010 Page 6 of 7 49. Resolution - 95 -874 - Approving application for transfer of a Gambling Manager's License currently held by Desiree Patraw, dba Midway Training Services, Inc. at Sport Break, 1199 Rice Street; Cab's Pub & Eatery, 992 Arcade Street; and John & Paul's, 731 Randolph Avenue, to Michael Michlitsch at the same addresses. (ID 420675, 72880 & 63381) 50. Resolution - 95 -875 - Approving application for a Gambling Manager's License by Michael B. Joyce, dba Tanner's Lake VFW 48217, 1795 East 7th Street. (ID 432080) 51. Resolution - 95 -876 - Approving application for a Gambling Manager's License by Lee J. Hoffman, dba Multiple Sclerosis Society, at Reaney's Bar, 870 Payne Avenue. (ID# 59937) 52. Resolution - 95 -877 - Approving application for a State Class B Gambling Premise Permit by Willard M. Munger, Jr. on behalf of Multiple Sclerosis Society at Reaney's Bar, 870 Payne Avenue. (ID #B- 00562) 53. Resolution - 95 -878 - Approving application for a Patio Extension License by Twin States Music Company, dba Cab's Pub & Eatery (Kevin Anderson), 992 Arcade Street. (ID 484293) 54. Resolution - 95 -879 - Approving application for an Auto Body Repair Garage License by Safelite Glass Corporation, dba Safelite Auto Glass (Chris Riley), 2565 Kasota Avenue. (ID 423059) 55. Final Order - 95 -880 - In the matter of sidewalk reconstruction on the north side of Topping Street from Mackubin Street to North Western Avenue, and the west side of Westminster Street from East Wheelock Parkway to East Hoyt Avenue at 330 East Wheelock Parkway only. (File 4595074 -75) 56. Final Order - 95 -881 - In the matter of sidewalk reconstruction on the east side of South Albert Street from Juliet Avenue to Palace Avenue; the north side of Graham Avenue from Sue Street to Norfolk Lane; and elimination of driveway and replace with standard curb, per property owner request, at 1927 Juliet Avenue. (File 4595076 -78) 57. Final Order- 95 -882 - 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) 58. Amended Final Order - 95 -883 - In the matter of sidewalk reconstruction on the south side of Conway Street from Flandrau Street to North White Bear Avenue; both sides of East Fourth Street from Flandrau Street to North White Bear Avenue; the west side of Gotzian Street from East Third Street to East Fourth Street; both sides of Margaret Street from Atlantic Street to Johnson Parkway; both sides of Margaret Street from Duluth Street to Atlantic Street; both sides of East Sixth Street from Hancock Street to Gotzian Street; the south north side of Stillwater Avenue from North Hazel Street to North Ruth Street; the south north side of Stillwater Avenue from North Ruth Street to Nokomis Avenue; both sides of East Third Street from Pedersen Street to North Howard Street; the west side of Ruth Street from Stillwater Avenue to Case Avenue; the north south side of Stillwater Avenue from Hazel Street to North Ruth Street; and the north south side of Stillwater Avenue from North Ruth Street to Nokomis Avenue. (File 4595084 -92 & 595099 -101) 59. Amended Final Order - 95 -884 - In the matter of sidewalk reconstruction on both sides of Birmingham Street from East Arlington Avenue to East Nebraska Avenue; the south side of Case file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_113222\Agenda 8 -2... 12/15/2010 Page 7 of 7 Avenue from Hazelwood Street to Kennard Street; the north side of East Cottage Avenue from Germain Street to Kennard Street; both sides of East Magnolia Avenue from Edgerton Street to Payne Avenue; 1398 1378 Mcafee Street; the east side of Nokomis Avenue from East Rose Avenue to East Maryland Avenue; and the east side of Winchell Street from East Nevada Avenue to East Hoyt Avenue. (File #595093 - 595098 & 595102) 60. Final Order - 95 -885 - In the matter of sidewalk reconstruction at 1345 and 1347 Summit Avenue. (File 4595103) 61. Public hearing to consider the appeal of Dennis Louie to a decision of the Heritage Preservation Commission to deny a building permit application for the installation of aluminum soffit and fascia at 586 Laurel Avenue (located in Historic Hill Heritage Preservation District). 62. Public hearing to consider the appeal of Elliot Anderson to a decision of the Heritage Preservation Commission to deny a building permit application to re- stucco the existing structure and stucco an addition with white, classic finish stucco at 1943 Summit Avenue (located in Summit Avenue West Heritage Preservation District). 63. Public hearing to consider the report of the Administrative Law Judge concerning adverse action against licenses held by Sonny's Bar, Inc., dba Louie's Bar, 883 Payne Avenue. file: //C:ADOCUME— l\LFSUPP— l\LOCALS —1 \Temp \ELF20101215_113222\Agenda 8 -2... 12/15/2010