Agenda 12-14-1994Page 1 of 9
AGENDA OF THE SAINT PAUL CITY
COUNCIL
Wednesday, December 14, 1994 - 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 Robin & Dawn Bushey, Grain Management, Inc., Leigh Heuer, Stanley Murawski, Gerri
Rech, and Mark
Triviski.
2. Summons and Complaint in the matter of Terri Coppage vs. the City of St. Paul, et al.
3. Summons and Complaint in the matter of Michael Miller vs. the City of St. Paul, et al.
4. Summons and Complaint in the matter of Michael W.R. Grover, by Wayne Murray Grover, vs. the
City of St.
Paul, et al.
5. Order to Show Cause in the matter of application of Westgate Holdings, Inc. to register title to certain
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lands.
6. Petition of John Kerwin, Nicollet Restoration, Inc., for Abatement of Sewer Assessments on property
located at
437 Shepard Road. (For referral to the Real Estate Division)
7. Letters from the Ramsey County Department of Taxation transmitting the following applications for
reduction of
assessed valuation of real estate: 4AC94 -2272 (388 Como Avenue), 4AT94 -2718 (Empire Building),
AT94 -2906 (Shepard Road), 4AT94 -2688 (2388 University Avenue West), and AF94 -2652 (317 York
Avenue). (Real Estate Division recommends approval)
8. Letters from the Division of Public Health declaring 1026 Burr Street, 581 Forest Street, 412 Hope
Street, 898 Selby Avenue, and 668 Surrey Avenue as "nuisance properties ". (For notification purposes
only; public hearings will be scheduled at a later date if necessary.)
9. Letter from the Office of the City Attorney setting date of hearing before an Administrative Law
Judge on January
9, 1995, concerning adverse action against licenses of Dragon Star Oriental Foods, Inc. for the premises
at 633 Minnehaha Avenue West, St. Paul.
10. Administrative Orders:
. D00347 Amending the budget of the Capital Improvement Bond Fund by closing out completed
projects and
reallocating balances in the amount of $140,000.
. D00348 Amending the 1994 budget of the Debt Service to pay debt obligations for 1994 Capital
Improvement bonds and 1994 Street Improvement bonds.
. D00349 Amending the 1994 budget in the Office of Housing Information by transferring $20,000
from salaries for the purchase of replacement computers for HIO.
. D00350 Amending the 1994 budget in the Department of Public Works /Street Repair and
Cleaning Fund to provide for the cost of repairing equipment used for weed control in City right -
of -ways.
. D00351 Amending the 1994 budget in the Department of Public Works /Sewer Service Fund to
allow full payment to Metropolitan Council Wastewater Services (MCWS).
. D00352 Authorizing payment of $20.00 to Hoa Thi Thu Bury, member of the new Americans
Advisory Committee, for the cost of a workshop on Parliamentary Procedures.
. D00353 Authorizing payment of approximately $1,300 for travel expenses for William Carter, III
for a site visit to the Safe City initiatives of Edmonton and Toronto from November 17 -22, 1994.
. D00354 Amending the 1994 budget of the Civic Center Operating fund for utility costs.
. D00355 Addition of $32,858 to the contract for Como Pool Parking Lot Site Development.
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. D00356 Amending the 1994 budget in the Division of Parks and Recreation /General Fund to
reflect proper account for cost of salaries for Zoo and Conservatory Heating in excess of budgeted
amount.
. D00357 Amending the 1994 budget in the Department of Finance/Risk Management to pay
student interns in the Risk Management Division, and to review liability for areas not covered by
sovereign immunity and statutory limitations.
. D00358 Amending the 1994 budget in the Department of Finance /CIS to purchase network
equipment called routers.
. D00359 Amending the 1994 budget in the Division of Parks and Recreation /Grants & Aids to
reflect proper distribution of funds for the S'More Fun program.
. D00360 Amending the 1994 budget in the Division of Parks and Recreation /Special Services to
reflect proper ccounting for continuation of normal operations for the remainder of the year.
. D00361 Amending the 1994 budget in the Division of Parks and Recreation /General Fund to
allow for purchase of athletic and safety supplies for the remainder of the year.
. D00362 Amending the 1994 budget in the Division of Parks and Recreation /General Fund to
reflect proper accounting for salaries in excess of budgeted amounts.
. D00363 Amending the 1994 budget in the Division of Parks and Recreation /Grants & Aids to
reflect proper accounting for fringe benefits costs.
. D00364 Amending the 1994 budget in the Department of Public Works by transferring spending
authority to Signal Maintenance 12006 where spending is projected to occur before the end of the
year.
. D00365 Amending the 1994 budget in the Division of Public Health /General Fund by transferring
spending authority between various general fund activities.
. D00366 Amending the 1994 budget in the Division of Public Health /Special Revenue by
transferring spending authority between various special revenue accounts.
. D00367 Amending the 1994 budget in the Division of Public Health by transferring spending
authority between various ordinance enforcement object codes.
. D00368 Authorizing payment of $1,052.25 for expenses related to meeting held September 8,
1994, for metropolitan mayors and law enforcement officials.
11. Resolution - 94 -1738 - Approving renewal of On Sale Liquor, Sunday On Sale Liquor,
Entertainment -I, Gambling
Location -C, and Restaurant -C License by Kelico, Inc., dba Buddy's Saloon, 755 Jackson Street. (ID
443529) (Laid over from December 7 for adoption)
12. Resolution - 94 -1739 - Approving renewal of various Class III and Supporting Licenses by: St. Paul
Campus Grocery, 2095 Como Avenue; Ryder Student Transportation, 1102 Snelling Avenue North; and
Stryker Auto Service;
542 Stryker Avenue. (ID 416837- 33719) (Laid over from December 7 for adoption)
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13. Resolution - 94 -1769 - Approving renewal of an On Sale Liquor -C, Sunday On Sale Liquor and
Restaurant -B
License by Leo Gadbois, dba Cognac McCarthy's Grill, 162 North Dale Street. (ID 415078) (To be laid
over one week for adoption)
14. Resolution - 94 -1770 - Approving renewal of various Class III Licenses by: Minnesota Mutual
Parking Ramp, 400 Robert Street North; City Walk Ramp, 69 7th Street East; Dale Service Center, 99
Hyacinth Avenue West; and Lowertown Municipal Ramp, 316 Jackson Street. (ID 410408- 71456) (To
be laid over one week for adoption)
15. Resolution - 94 -1771 - Approving renewal of various Class III and Supporting Licenses by: Hmong
Auto Service, 789 Rice Street; Commodore Squash Club, 79 Western Avenue North; Auto Works, 1196
7th Street East; Metro Automotive, 675 Snelling Avenue North; and P & R Repair, 933 Atlantic Street.
(ID 410069- 92323) (To be laid over one week for adoption)
16. Resolution - 94 -1772 - Approving the appointments, by Mayor Coleman, of Pacyinz Lyfoung,
Namoch Sokhom, Carlos Gallego, and Padee Yang to the New Americans Advisory Committee. (To be
laid over one week for adoption)
17. Resolution - 94 -1773 - Approving the appointments, by Mayor Coleman, of Pacyinz Lyfoung and
Thomas Heinl to
the Truth -in- Housing Board of Evaluators. (To be laid over one week for adoption)
18. Preliminary Order - 94 -1774 - In the matter of sidewalk reconstruction at 18 Summit Court, and
setting date of public hearing for February 8, 1995. (File 4594105)
19. Resolution - 94 -1582 - Approving application for a Recycling Collection Center License by
Minnesota Metals,
776 Desoto Street. (ID 472526) (Laid over from November 30)
20. Resolution - 94 -1775 - Approving 1994 year -end budget adjustments.
21. Resolution - 94 -1776 - Amending the 1994 budget by adding $5,892,000 to the financing and
spending plans to
allocate the correct amount of anticipated sales tax proceeds.
22. Resolution - 94 -1777 - Approving settlement of an eminent domain proceeding authorized by the
City Council
to acquire land needed for Phase III of the Mississippi River Flood Control project (MRFCP).
23. Resolution - 94 -1778 - Supporting the recommendation of the Beltline Interceptor Reconveyance
Study Group, and requesting the Metropolitan Council to reimburse St. Paul for the current value credits
already paid for the proposed reconveyance of the Trout Brook Sewer.
24. Resolution - 94 -1779 - Authorizing the City Attorney's Office to retain the firm of Jardine, Logan &
O'Brien, under the direction of Timothy Crom, to represent the City in a workers' compensation claim.
25. Resolution - 94 -1780 - Authorizing the transfer of $200,000 of budgeted CDBG funds to the City's
1994 Summer Youth Employment Program.
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26. Resolution - 94 -1781 - Authorizing a Sewer Availability Charge refund of $750.00 to Gary F.
Hegner.
27. Resolution - 94 -1782 - Amending the Civil Service Rules regarding Eligible Lists. (To be laid over
one week for adoption)
28. Resolution - 94 -1783 - Authorizing the City of St. Paul to lease property from Minnesota Public
Radio at their site on Davern and Stewart.
29. Resolution - 94 -1784 - Approving a 5% increase in "Use -of- Street" permit fees as regulated by
Chapter 125 of the Saint Paul Legislative Code, "Street Obstructions ".
30. Resolution - 94 -1785 - Amending the spending and financing plans of Warner /Shepard Road
projects to bring them up to date with latest estimates.
31. Resolution - 94 -1786 - Authorizing MnDOT to investigate and determine the maximum and safe
speed on
Warner Road from Sibley Street to Childs Road.
32. Resolution - 94 -1787 - Authorizing the release of utility easements no longer needed by utility
companies.
33. Resolution - 94 -1788 - Affirming the decision of the City Council on November 23, 1994, to deny
the appeal of Jay Montpetit (Downtown Car Wash) to a decision of the Planning Commission approving
a special use permit to
allow outdoor sales of used automobiles at Kittson Street.
34. Resolution - 94 -1789 - Affirming the decision of the City Council on November 23, 1994, to deny
the appeal of
Gregory Mayen to a decision of the Heritage Preservation Commission to deny a building permit for
property at
604 -606 Portland Avenue.
35. Resolution - 94 -1790 - Authorizing a City -State Agreement for a bicycle trail between Indian
Mounds and
Battle Creek Parks.
36. Resolution - 94 -1791 - Approving action of the Property Code Enforcement Board of Appeals
pertaining to
extensions of time granted at the November 10, 1994, meeting.
37. Resolution - 94 -1792 - Approving action of the Property Code Enforcement Board of Appeals
pertaining to variances granted at the November 10, 1994. meeting.
FOR DISCUSSION
38. Resolution - 94 -1793 - Giving preliminary approval to the issuance of General Obligation Tax
Increment Bonds
to finance project redevelopment costs for Phase I Midway Market Place project.
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ORDINANCES
39. Final Adoption - 94 -1447 - An ordinance amending the license fee schedule in Chapter 310 of the
Saint Paul Legislative Code, increasing license fees by 6% to cover an increase in enforcement costs.
(Third reading /public hearing held November 14 in the Finance & Budget Committee) (Substitute
introduced and laid over from December 7)
40. Final Adoption - 94 -1610 - An ordinance to permit the City Council to waive the 45 -day notice
requirement for
hearings on the issuance of liquor licenses in cases of hardships. (Laid over from November 30) (Public
hearing will be held in City Operations Committee on December 14 at 10:00 a.m.)
41. Final Adoption - 94 -1692 - An ordinance amending Ordinance No. 13534, approved January 31,
1967, pertaining to One -Way- Streets.
42. Final Adoption - 94 -1693 - An ordinance amending Section 27.02 of the Saint Paul Administrative
Code, City Residency and Additional Test Points.
43. Second Reading - 94 -1747 - An ordinance affirming the decision of the City Council on November
9, 1994, to approve a petition of Gilbert Sceli (Hearmore Company) to rezone property located at 1445
White Bear Avenue from R -4 to OS -1. (Public hearing held November 9)
PUBLIC HEARINGS
44. Third Reading - 94 -1658 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code
creating an extended service license allowing on -sale liquor establishments to remain open after required
liquor service hours for the purpose of food service and entertainment. (Laid over from November 30)
(Discussion will be held in City Operations Committee on December 14 at 10:00 a.m.)
45. Third Reading - 94 -1659 - An ordinance amending Section 410.04 of the Saint Paul Legislative
Code creating an extended service license allowing on -sale liquor establishments to remain open after
required liquor service hours for the purpose of food service and entertainment. (Laid over from
November 30) (Discussion will be held in City Operations Committee on December 14 at 10:00 a.m.)
46. Third Reading - 94 -1660 - An ordinance amending Chapter 411 of the Saint Paul Legislative Code
creating an extended service license allowing on -sale liquor establishments to remain open after required
liquor service hours for the purpose of food service and entertainment, clarifying zoning requirements
and consolidating license classification. (Laid over from November 30) (Discussion will be held in City
Operations Committee on December 14 at 10:00 a.m.)
47. Third Reading - 94 -1661 - An ordinance amending Section 243.01 of the Saint Paul Legislative
Code allowing on -sale liquor establishments with an extended service license to remain open until 3:00
a.m. for the purpose of food service and entertainment. (Laid over from November 30) (Discussion will
be held in City Operations Committee on
December 14 at 10:00 a.m.)
48. Third Reading - 94 -1716 - An ordinance designating the Burbank Rowhouse, 277 -283 Goodrich
Avenue, for heritage preservation.
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49. Third Reading - 94 -1717 - An ordinance designating the Grandview Theater, 1830 Grand Avenue,
for heritage preservation.
50. Third Reading - 94 -1718 - An ordinance designating St. Agatha's Conservatory of Music and Art,
also known as the Exchange Building, 26 East Exchange Street, for heritage preservation.
51. Third Reading - 94 -1719 - An ordinance designating the Weber House, 202 McBoal Street, for
heritage preservation.
52. Third Reading - 94 -1720 - An ordinance designating the Joseph Brings House, 178 Goodrich
Avenue, for heritage preservation.
53. Third Reading - 94 -1722 - An ordinance designating the Messerli House, 1216 East Seventh Street,
for heritage preservation.
54. Third Reading - 94 -1723 - An ordinance designating the Smith Building, 225- 229 -1/2 West Seventh
Street, for heritage preservation.
55. Third Reading - 94 -1724 - An ordinance designating Charles Thompson Memorial Hall, 1824
Marshall Avenue, for heritage preservation.
56. Resolution - 94 -1794 - Approving transfer of a Gas Station, Cigarette and Grocery -C License by
Twin Cities
Stores Inc. 4571 (James D. Ridings), 2067 Grand Avenue from Finaserve Inc. at the same address. (ID
426880 &
11019)
57. Resolution - 94 -1795 - Approving transfer of a Gas Station, Cigarette and Grocery -C License by
Twin Cities Stores Inc. 4572 (James D. Ridings), 2111 Ford Parkway from Finaserve Inc. at the same
address. (ID 489633 &
81343)
58. Resolution - 94 -1796 - Approving application for an Off Sale Malt License by Twin Cities Stores,
Inc. 4571
(James D. Ridings), 2067 Grand Avenue (ID 426880)
59. Resolution - 94 -1797 - Approving application for an Off Sale Malt License by Twin Cities Stores,
Inc. 4572
(James D. Ridings), 2111 Ford Parkway. (ID 489633)
60. Resolution - 94 -1798 - Approving application for an On Sale Wine and On Sale Malt (3.2) License
by Over
Under Inc., dba Highland Grill (David M. Burley), 771 South Cleveland Avenue. (ID 440612)
61. Resolution - 94 -1799 - Approving application for an On Sale Liquor -B License by 215 Wabasha
Properties
(Stephen C. Bremer), 215 South Wabasha Street. (ID 423846)
62. Resolution - 94 -1800 - Approving application for a Gambling Manager's License by Dorothy M.
Stehr, dba St.
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Anthony of Padua's Friends, at Wallace's Westsider, 429 South Robert Street. (ID 496971)
63. Resolution - 94 -1801 - Approving application for a State Class B Gambling Premise Permit License
by William
Westervelt on behalf of St. Anthony of Padua's Friends, at Wallace's Westsider, 429 South Robert
Street. (ID #B- 03378)
64. Resolution - 94 -1802 - Approving application for a Gas Station, Grocery -C and Cigarette License by
Quality
Food & Gas (Samir H. Abu- Hijleh), 1530 Sherwood Avenue. (ID 451672)
65. Resolution - 94 -1768 - Establishing parking regulations near the intersection of Dale Street and
Lafond Avenue. (Laid over from December 7)
66. Resolution - 94 -1803 - Ordering the owner(s) to remove or repair the building located at 73 Atwater
Street within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends
withdrawal of
the resolution)
67. Resolution - 94 -1804 - Ordering the owner(s) to remove or repair the building located at 1013
Greenbrier
Street within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends
allowing the
owner 180 days to complete the rehabilitation contingent on obtaining the code compliance and
appropriate bonds
before the December 14 City Council meeting)
68. Resolution - 94 -1805 - Ordering the owner(s) to remove or repair the building located at 902
Jessamine
Avenue East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends a
60 -day layover (February 7, 1995) in Legislative Hearings)
69. Resolution - 94 -1806 - Ordering the owner(s) to remove or repair the building located at 420
Minnehaha
Avenue West within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends a
180 -day extension contingent on the posting of appropriate bonds and code compliance inspection by
the December 14 City Council meeting)
70. Resolution - 94 -1807 - Ordering the owner(s) to remove or repair the building located at 1516 White
Bear Avenue within fifteen (15) days from adoption of resolution. (The owners have made arrangements
to demolish the building; if this is not done by the December 14 City Council meeting, the Legislative
Hearing Officer recommends the City proceed with demolition.)
71. Appeal of Cheryl L. and Laura M. Gruber to the Summary Abatement Order regarding property at
914 Euclid
Street. (Legislative Hearing Officer recommends denial of appeal)
72. Appeal of Diana Randall Voss to the Summary Abatement Order regarding property at 723 East
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Fourth Street.
(Legislative Hearing Officer recommends a two -week (December 20) layover in Legislative Hearings)
73. Appeal of Charles T. Drake to the Summary Abatement Order regarding property at 648 North Kent
Street.
(Legislative Hearing Officer recommends denial of the appeal)
74. Final Order - 94 -1808 - In the matter of condemning and taking all property necessary to construct
and
maintain a holding pond for the Grand /St. Albans Sewer Project. (File 418711E3)
75. Final Order - 94 -1809 - In the matter of constructing the Seventh /Cedar Area Storm Sewer
Separation Project in
the area bounded by I -94 on the north, Jackson - Robert- Minnesota on the east, Shepard - Kellogg on the
south and Ninth -Main on the west. (File 418765)
76. Final Order - 94 -1810 - In the matter of constructing sanitary sewer, storm sewer and /or water
service connections, if requested by the property owner, in conjunction with the Seventh /Cedar Street
Area Storm Sewer Separation Project. (File 418766)
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