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Minutes 11-16-1994Pagel of 8 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, November 16, 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 Present - 6 - Councilmembers Blakey, Guerin, Harris, Megard, Rettman, Thune Absent - 1 - Grimm (arrived shortly after roll call) 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 September 14, 1994, meeting. Adopted Yeas - 7 Nays - 0 2. Claims of Louise Bogan, Jeremy Bouchard, Paul and Dawn Eraco, Spencer W. Hill, Jerome Johnson, Jeffrey and Kristen Kidder, Michael A. Kryjeski, Jr., Noel Peterson and Kathleen Peterson, Florence Anne Rieschl, Stacy Sedesky, Nancy Watkins, John W. Weber, and Richard A. Wybierala. file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_105802 \Minutes 11- 16 -19... 12/15/2010 Page 2 of 8 Referred to the City Attorney's Office 3. Notice of Appeal of Service Charges in the matter of the State of Minnesota and Minnesota Agricultural Society vs. the City of St. Paul. Referred to the City Attorney's Office 4. Letter from the Department of Planning and Economic Development setting date of public hearing for November 30, 1994, to consider the zoning case of Travelers Insurance Company for a Registered Land Survey at Town Square, area bounded by 8th Street, 6th Street, Cedar Street and Minnesota Street. 5. Letter from The Department of Planning and Economic Development setting date of public hearing for November 30, 1994, to consider the zoning case of Michael & Doris Vogt for a Registered Land Survey at 811 Winthrop Street. 6. Letters from the Division of Public Health declaring 475 Whitall Street, 618 Whitall Street, and 944 Woodbridge Street as "nuisance properties ". (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 7. Petition of the City of Saint Paul for the vacation of part of Lots 7 & 8, Block 6, Rice and Irvines Addition, bounded by West 6th Street, West 7th Street, and Washington Street, and setting date of public hearing for November 30, 1994. (File 421 -1994) 8. Petition of East Side Neighborhood Development Company, et al., for the vacation of part of Bradley Street, bounded by York Avenue, Burr Street, Jessie Street and Whitall Street, and setting date of public hearing for December 7, 1994. (File 420 -1994) 9. Petition of Kenneth Tschida, Mike Nicklaus, and Space Center, Inc., for the vacation of that part of Willius Street lying between East 7th Street on the Southeast, and for a distance of approximately one hundred fifty (150) feet Northwesterly to the existing vacated parcel identified by Document 42345211. Referred to the Real Estate Division for check as to form and sufficiency 10. Amended Notice of Hearing (additional evidence) regarding the licenses of Arbuckle's Bar & Grill, 374 St. Peter Street. Referred to the City Attorney's Office 11. Communication from Russel Rosen dated November 3, 1994, concerning the City contracting with Ramsey County for microfilm services. (For referral to the Finance and Budget Committee) Referred to the Finance and Budget Committee 12. Administrative Orders: . D00309 Authorizing expenditure up to $900 for a two -day Strategic Planning retreat for the Department of Planning and Economic Development management team. . D00310 Authorizing payment of $11,764.24 to Cafe Minnesota for food and beverages for the Host City reception at the League of Minnesota Cities conference on June 8 -10, 1994, sponsored by the Department of Planning and Economic Development. . D00311 Authorizing the Civic Center to pay certain per diem, travel, and other expenses, not to exceed $126,556, associated with the College Hockey Showcase in November, 1994. file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_105802 \Minutes 11- 16 -19... 12/15/2010 Page 3 of 8 . D00312 Amending the 1994 budget in the Department of Finance and Management Services /General fund by transferring $17,559 of existing spending authority to finance the Finance Management System Disaster Recover Plan. . D00313 Amending the 1994 budget in the Police Department /General Fund by $618,000 by moving funds in several activities to provide sufficient funding for salaries. . D00314 Addition of $1,252 to the contract for Removal of Underground Fuel Tanks. . D00315 Authorizing a $200,000 grant from Community Development Block Grant funds (CDBG) and a $60,000 loan from CDBG to Ramsey Action Programs for the construction of two additional classrooms in the facility located at 586 Fuller Avenue. D00315 Laid over to November 23 Yeas - 7 Nays - 0 . D00316 Amending the 1994 budget in the Division of Public Health /General Fund by transferring spending authority from various activities for advertising for the recruitment of a Public Health Director. • D00317 Amending the 1994 budget in the Division of Public Health by transferring $8,000 from various activities for the Infant Mortality Program. • D00318 Amending the 1994 budget in the Department of Public Works /Street Repair and Cleaning Fund for weed control. • D00319 Amending the 1994 budget in the Department of Public Works /Engineering activity to properly account for expenditures. • D00320 Amending the 1994 budget in the Office of the City Attorney /General Fund by transferring dollars between object codes to cover the cost of hiring a temporary employee. . D00321 Amending the 1994 budget in the Division of Parks and Recreation /General Fund to allow for the purchase of office and safety supplies for the remainder of the year. . D00322 Amending the 1994 budget in the Division of Parks and Recreation /Special Services Enterprise Fund to reflect proper accounting for expenses for Como Conservatory materials. . D00323 Amending the 1994 budget in the Department of Finance and Management Services /General Fund for year -end transfer of funds between object codes. . D00324 Amending the 1994 budget in Executive Administration by transferring $8,500 between object codes in order to purchase a postage machine /meter. . D00325 Amending the 1994 budget in the Police Department /General Fund by transferring $4,800 for the purchase of a heat exchange unit. . D00326 Amending the 1994 budget in the Police Department /General Fund by transferring $2,800 for the purchase of a wet /dry vacuum for the removal of lead particles in the target range. Noted as on file in the City Clerk's Office 13. Resolution - 94 -1598 - Approving renewal of Off Sale Liquor License by RAD, Inc., dba Park file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_105802 \Minutes 11- 16 -19... 12/15/2010 Page 4 of 8 Liquor Store, 140 Snelling Avenue North. (ID 486811) (Laid over from November 9 for adoption) Adopted Yeas - 7 Nays - 0 14. Resolution - 94 -1638 - Approving renewal of Off Sale Liquor License by The American Dream Builders, Inc., dba Christine Liquors, 111 Concord Street. (ID 421293) (To be laid over one week for adoption) Laid over to November 23 for adoption 15. Resolution - 94 -1639 - Approving renewal of various Class III and Supporting Licenses by: Abra, Inc. - Midway, 1865 University Avenue West; Earl Zaiser, 1514 Osceola Avenue; Ron Saxon Ford, 225 University Avenue West; Torgerson Truck Repair, 18 Acker Street East, Avenue Motor Sales, 938 University Avenue West; Hamline Auto Body, 650 Grand Avenue; Tires Plus, 600 University Avenue West; The World Theater, 10 Exchange Street East; St. Paul YWCA, 198 Western Avenue North; Tires Plus, 2185 Ford Parkway; Intercity Truck Service Company, Inc., 2555 Ellis Avenue; East Twins Babe Ruth /Vogel's Lounge, 1112 Arcade Street; Tires Plus, 300 Snelling Avenue North; East Twins Babe Ruth /Mike's Bar, 326 Grove Street; Caravelle Restaurant, 2233 Energy Park Drive East; and St. Paul Educational Foundation, Inc. /Sherwood Lounge, 1418 White Bear Avenue North. (ID 412771- 87472) (To be laid over one week for adoption) Laid over to November 23 for adoption 16. Resolution - 94 -1640 - Approving renewal of various Class III and Supporting Licenses by: Minnesota Repair Service, 70 Hyacinth Avenue West; St. Bernard's Recreation Center, 167 Geranium Avenue West; St. Paul Auto Body, 388 Front Avenue; Auto Repair Service, 965 Pierce Butler Route; Grandview Theatres 1 & 2, 1830 Grand Avenue; Mid Par Enterprises, 2250 University Avenue West; St. Paul Firearms Company, 634 Snelling Avenue North; B & A Body Shop, 930 Duluth Street; Bear's Place, 760 Reaney Avenue; Texaco Express Lube, 1155 Prosperity Avenue; The Hitching Post, Inc., 945 University Avenue West; and Road King, Inc., 1951 University Avenue West. (ID 410965- 81791) (To be laid over one week for adoption) Amended and Laid over to November 23 for adoption (St. Paul Firearms Company, 634 Snelling Avenue North, deleted firearms and second hand dealer - single location licenses. Yeas - 7 Nays - 0 17. Resolution - 94 -1641 - Approving renewal of various On Sale Liquor and Supporting Licenses by: Patrick's Lounge, 1318 Larpenteur Avenue West; North End Depot, 1638 Rice Street; and Maurer's Parkside Lounge, 1181 Clarence Street. (ID 414184- 56024) (To be laid over one week for adoption) Laid over to November 23 for adoption 18. Resolution - 94 -1642 - Approving renewal of various Class III and Supporting Licenses by: Import Auto Body, 93 Annapolis Street East; Fort Road Medical Lot, 360 Sherman Street; East Twins Babe Ruth League /Hafners, 1560 White Bear Avenue North; Auto Radiator & Air Conditioning, 1118 7th Street East; B & D Radiator Service, 106 Arlington Avenue East; Sears Roebuck & Company, 425 Rice Street; United Hospitals, Inc., 333 Smith Avenue North; Garrick Ramp, 20 6th Street West; Norwest Center Ramp, 56 6th Street East; MSP Park Place, 2544 Stewart Avenue; Schelen -Gray Auto Electric, 1592 Marshall Avenue; Lowertown Parking Lot, 243 4th Street East; Big Brothers /Big Sisters of Greater St. Paul/ Midway Pro Bowl, 1556 University Avenue West; Arcade Auto Sales, 1414 Arcade Street; Kellogg Square Apartments, 111 Kellogg Boulevard East; and Dave's Auto Body, 323 Maria file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_105802 \Minutes 11- 16 -19... 12/15/2010 Page 5 of 8 Avenue. (ID 412075- 92915) (To be laid over one week for adoption) Amended and Laid over to November 23 for adoption (Arcade Auto Sales deleted from C.F. 94- 1642 and laid over to November 30; a new resolution will be prepared. Yeas - 7 Nays - 0 19. Resolution - 94 -1643 - Authorizing the Mayor and the Director of Finance and Management Services to execute a Joint Acquisition Agreement with the Minnesota Department of Transportation, Ramsey County, and the City of Maplewood to acquire land through eminent domain proceedings. Adopted Yeas - 7 Nays - 0 20. Resolution - 94 -1644 - Amending the spending and financing plans of prior year Capital Project accounts with surplus PIA balances and transferring these balances into contingency accounts. Adopted Yeas - 7 Nays - 0 21. Resolution - 94 -1645 - Amending the spending and financing plans of prior year Capital Project accounts with surplus MSA balances and transferring these balances into 1994 MSA Contingency. Adopted Yeas - 7 Nays - 0 22. Resolution - 94 -1646 - Transferring CIB surpluses from various projects to offset deficit funding in other projects and to transfer surplus into CIB Contingency. Adopted Yeas - 7 Nays - 0 23. Resolution - 94 -1647 - Amending the spending and financing plans of 1987 -1990 CSSP Project accounts with surplus balances and transferring these balances into contingency accounts and unused sewer repair funds into the 1994 Major Sewer Repair project. Adopted Yeas - 7 Nays - 0 24. Resolution - 94 -1648 - Approving action of the Property Code Enforcement Board of Appeals on October 13, 1994, granting variances. Adopted Yeas - 7 Nays - 0 25. Resolution - 94 -1649 - Approving action of the Property Code Enforcement Board of Appeals on October 13, 1994, granting extensions of time. Adopted Yeas - 7 Nays - 0 26. Resolution - 94 -1650 - Authorizing payment of $450,000 $452,000 to Harry and Betty Judd and Amber Jonas in full settlement of their claim against the City of St. Paul. Adopted as amended Yeas - 7 Nays - 0 Suspension item (companion to 94 -1650) file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_105802 \Minutes 11- 16 -19... 12/15/2010 Page 6 of 8 Resolution - 94 -1669 - Amending the 1994 budget by adding $452,000 to the Financing and Spending Plans of the City Attorney's Office for full settlement of the claim in the matter of Lynda Bird Judd and Amber Jonas against the City of St. Paul. Adopted Yeas - 7 Nays - 0 27. Resolution - 94 -1637 - Authorizing payment of $38,141.20 to Rickie Marie Gunter in full settlement of her claim against the City of St. Paul. (Laid over from November 9) Adopted Yeas - 5 Nays - 2 (Guerin, Rettman) Suspension item (companion to 94 -1637) Resolution - 94 -1670 - Amending the 1994 budget by adding $38,142 to the Financing and Spending Plans of the City Attorney's Office for full settlement of the claim of Rickie Marie Gunter. Adopted Yeas - 6 Nays - 1 ( Rettman) 28. Resolution - 94 -1651 - Establishing the Schedule of Water Rates for 1995. Laid over to December 7 for public hearing Yeas - 7 Nays - 0 29. Resolution - 94 -1652 - Requesting the St. Paul School Board to place on their agenda for discussion the possibility of an alternative school in the City of St. Paul, and notify the City Council as to the date and time of the meeting. Referred to Intergovernmental Relations Committee 30. Resolution - 94 -1653 - Recommending to the Minnesota State Legislature the passage of legislation that will authorize the courts to impose upon parents of juvenile offenders the obligation to perform designated number of community service hours. Referred to Intergovernmental Relations Committee 31. Resolution - 94 -1654 - Recommending to the Minnesota State Legislature the passage of legislation that will allow access by the public schools to the juvenile records and other criminal history records of students. Referred to Intergovernmental Relations Committee FOR DISCUSSION 32. Resolution - 94 -1486 - Adopting an amendment to the Plan for Land Use which is part of the Saint Paul Comprehensive Plan: Railroad Island Small Area Plan. (Laid over from November 2) Adopted Yeas - 7 Nays - 0 (Amendments were made to the Small Area Plan Report) 33. Resolution - 94 -1655 - Approval of "A Recommended Citywide Economic Agenda ". (Originated in CED Committee) Adopted as amended Yeas - 7 Nays - 0 (Amendments were made to the Report) 34. Resolution - 94 -1656 - Requesting SCORE State recycling grant funds in the amount of $554,237 for support of the citywide curbside and multi- family recycling collection program in 1995, and setting 1995 recycling service fee at 1994 level. Adopted Yeas - 7 Nays - 0 file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_105802 \Minutes 11- 16 -19... 12/15/2010 Page 7 of 8 ORDINANCES 35. Final Adoption - 94 -1398 - An ordinance amending Chapter 33 of the Saint Paul Administrative Code establishing the mileage reimbursement rate. (Originated in City Operations Committee; Referred to Council 2 -1; Substitute introduced and laid over October 19) (Laid over from October 26) Laid over indefinitely Yeas - 6 Nays - 1 (Harris) 36. Final Adoption - 94 -1490 - 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. (Railroad Island Small Area Plan) (Laid over from November 2) Amended and laid over to November 23 for final adoption Yeas - 7 Nays - 0 37. Final Adoption - 94 -1488 - An ordinance to repeal Chapter 375 ofthe Saint Paul Legislative Code relating to child day care centers. (City Operations Committee recommends approval) Adopted Yeas - 7 Nays - 0 38. Final Adoption - 94 -1560 - An ordinance amending Section 160.03 of the Saint Paul Legislative Code pertaining to parking meters. Adopted Yeas - 7 Nays - 0 39. Final Adoption - 94 -1561 - An ordinance to update and conform city license qualifications and temporary license regulations to state law. (City Operations Committee recommends approval) Adopted Yeas - 7 Nays - 0 40. Final Adoption - 94 -1562 - An ordinance to amend the definitions and fees in Chapter 423 of the Saint Paul Legislative Code relating to automobile repair garages and body shops. (City Operations Committee recommends approval) Adopted Yeas - 7 Nays - 0 41. Final Adoption - 94 -1563 - An ordinance to allow renewals of inactive liquor licenses in cases of destruction of premises by disaster of nature. (City Operations Committee recommends approval) Adopted Yeas - 7 Nays - 0 42. Second Reading - 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. (Referred to City Operations Committee with readings to continue) Laid over to November 23 for third reading /final adoption 43. First Reading - 94 -1657 - An Ordinance finalizing City Council action taken on October 12, 1994, approving a petition of the Port Authority to rezone property located east of Interstate 35E between West Seventh Street and Shepard Road from B -3 and I -3 to I -1. (Public hearing held October 12) Laid over to November 23 for second reading 44. First 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 to November file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_105802 \Minutes 11- 16 -19... 12/15/2010 Page 8 of 8 23 for second reading; discussion will be held in City Operations Committee on December 14 45. First 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 to November 23 for second reading; discussion will be held in City Operations Committee on December 14 46. First 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 to November 23 for second reading; discussion will be held in City Operations Committee on December 14 47. First 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 to November 23 for second reading; discussion will be held in City Operations Committee on December 14 PUBLIC HEARINGS 48. Third Reading - 94 -1590 - An ordinance amending Section 94 of the Saint Paul Legislative Code pertaining to the rules and regulations of the Saint Paul Water Utility as recommended by the Board of Water Commissioners. Laid over to November 23 for final adoption 49. Third Reading - 94 -1591 - An ordinance amending Ordinance No. 13537, approved January 31, 1967, pertaining to truck routes. Laid over to November 23 for final adoption 50. Final Order - 94 -1626 - In the matter of constructing the Bates /McLean Area Storm Sewer Separation Project bounded by Mounds Boulevard, Highway 94 and Earl Street. (File 418762) (Laid over from November 9) Laid over to November 23 Yeas - 7 Nays - 0 51. Final Order - 94 -1627 - In the matter of improvements on various streets and new lighting in connection with the Bates /McLean Area Street Paving and Lighting Project. (File 418763) (Laid over from November 9) Laid over to November 23 Yeas - 7 Nays - 0 52. Final Order - 94 -1628 - In the matter of constructing sanitary sewer, storm sewer, and /or water service connections, if requested by the property owner, in conjunction with the Bates/McLean Area Storm Sewer and Street Paving and Lighting Project. (File 41876 file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_105802 \Minutes 11- 16 -19... 12/15/2010