Minutes 11-23-1994Page 1 of 9
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, November 23, 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 - 7 - Councilmembers Blakey, Harris, Grimm, Guerin, Megard, Rettman, Thune
Absent - 0
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 November 9, 1994, Closed Door Session.
Adopted Yeas - 7 Nays - 0
2.Claims of Lori Fox, Catherine Hildebrandt, and Ruth Stein.
Referred to City Attorney's Office
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3.Summons and Complaint in the matter of Daniel L. Dobson vs. the City of St. Paul, et al.
Referred to City Attorney's Office
4.Letter from the Ramsey County Department of Taxation transmitting application AT93 -1077 for
reduction of assessed valuation of real estate at 924 Rice Street. (Real Estate Division recommends
approval)
5.Letter from the Ramsey County Department of Taxation transmitting application AT94 -2854 & 2855
for reduction of assessed valuation of real estate which is part of the St. Paul Downtown Airport. (Real
Estate Division recommends approval)
6.Letter from the Ramsey County Department of Taxation transmitting application AT94 -2826 (242 5th
Street -The Parkside) and AT94 -2827 (300 4th Street East -Lower Town Commons) for reduction of
assessed valuation of real estate. (Real Estate Division recommends approval)
7.Letters from the Division of Public Health declaring 73 Atwater Street, 1013 Greenbrier Street, 902
Jessamine Avenue East, 420 Minnehaha Avenue East, and 1516 White Bear Avenue North as "nuisance
properties ", and setting dates of Legislative Hearings for December 6, 1994, and City Council Hearings
for December 14, 1994.
&Administrative Orders:
. 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. (Laid over from November 16)
. D00327 Amending the 1994 budget of the Civic Center /Operating Fund by transferring funds for
expenses related to the College Hockey Showcase in November, 1994.
. D00328 Authorizing the Department of Planning and Economic Development to deposit $3,500 at
the Bank of Saint Paul to reimburse free parking stamp distribution for the downtown shopper
parking program.
. D00329 Addition of $2,825 to the contract for Riverwalk Trail at Lilydale Regional Park.
. D00330 Addition of $8,795.28 to the contract for Neighborhood House /El Rio Vista Recreation
Center Addition and Remodeling.
. D00331 Addition of $550 to the contract for Como East Lakeshore Reclamation Project.
. D00332 Addition of $18,675 to the contract for Hillcrest Community Recreation Center.
• D00333 Amending the 1994 budget in the Department of Fire and Safety Services/
• General Fund by transferring $19,300 for the purchase of replacement data processing hardware.
. D00334 Authorizing payments not to exceed $8,000 to various individuals providing interpreter
service at the TB Clinic.
Noted as on file in the City Clerk's Office
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9.Resolution - 94 -1638 - Approving renewal of Off Sale Liquor License by The American Dream
Builders, Inc., dba Christine Liquors, 111 Concord Street. (ID 421293) (Laid over from November 16
for adoption)
Adopted Yeas - 7 Nays - 0
I O.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)
(Laid over from November 16 for adoption)
Adopted Yeas - 7 Nays - 0
I l 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)
(Amended and laid over from November 16 for adoption)
Adopted as amended Yeas - 7 Nays - 0
12.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) (Laid over from November 16 for
adoption)
Adopted Yeas - 7 Nays - 0
13.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
Avenue. (ID 412075- 92915) (Amended and laid over from November 16 for adoption)
Adopted as amended Yeas - 7 Nays - 0
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14.Resolution - 94 -1671 - Approving the appointments, by Mayor Coleman, of Allan Torstenson and
Lucia Wroblewski to the Bicycle Advisory Board. (To be laid over one week for adoption)
Laid over to November 30 for adoption
15.Resolution - 94 -1672 - Approving the appointment, by Mayor Coleman, of William Carter, III as
Chair of the Public Safety Advisory Council. (To be laid over one week for adoption)
Laid over to November 30 for adoption
16.Preliminary Order - 94 -1673 - In the matter of improving the alley in Block 28, A. Gotzian's
Rearrangement of Sigel's Addition (bounded by Gotzian Street, Johnson Parkway, and Third Street) by
grading and paving with bituminous material, and setting date of public hearing for January 11, 1995.
(File 418774)
Adopted Yeas - 7 Nays - 0
17.Preliminary Order - 94 -1674 - In the matter of condemning and taking an easement in the land
necessary for the slopes, cuts and fills, including right of removal of lateral support from subject land or
remainder thereof, occasioned by excavations thereof or construction of slopes in the grading and paving
of the alley in Block 28, Gotzian's Rearrangement of Sigel's Addition (bounded by Gotzian Street,
Johnson Parkway, and Third Street), and setting date of public hearing for January 11, 1995. (File
418774-S)
Adopted Yeas - 7 Nays - 0
18.Preliminary Order - 94 -1675 - In the matter of improving the alley in Block 12, Michel and
Robertson's Addition (bounded by Chatsworth, James, Milton, and Randolph) by grading and paving
with bituminous material, and setting date of public hearing for January 11, 1995. (File 418776)
Adopted Yeas - 7 Nays - 0
19.Preliminary Order - 94 -1676 - In the matter of condemning and taking an easement in the land
necessary for the slopes, cuts and fills, including right of removal of lateral support from subject land or
remainder thereof, occasioned by excavations thereof or construction of slopes in the grading and paving
of the alley in Block 12, Michel and Robertson's Addition (bounded by Chatsworth, James, Milton, and
Randolph), and setting date of public hearing for January 11, 1995. (File 418776 -5)
Adopted Yeas - 7 Nays - 0
20.Resolution - 94 -1677 - Establishing a budget for emergency work done on the Wheelock Pond
proj ect.
Adopted Yeas - 7 Nays - 0
21.Resolution - 94 -1678 - Directing the Department of Public Works to present, by April 1, 1995, a
street maintenance policy that excludes alley maintenance as an annual assessment to property owners
and provides for an alternative method for initiating alley maintenance.
Adopted as amended Yeas - 6 Nays - 0 (Rettman not present for vote)
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22.Resolution - 94 -1679 - Authorizing the release of funds from the Department of Planning and
Economic Development Operations Fund for Outside Professional Services.
Adopted Yeas - 7 Nays - 0
23.Resolution - 94 -1680 - Authorizing Department of Planning and Economic Development staff to
negotiate and execute a lease and an operation and management agreement for the Immaculate Heart of
Mary Church parking lot.
Adopted Yeas - 7 Nays - 0
24.Resolution - 94 -1681 - Authorizing Department of Planning and Economic Development staff to
negotiate and execute a parking lot operation and management agreement at 811 Case.
Adopted Yeas - 7 Nays - 0
25.Resolution - 94 -1682 - Transferring $900,000 of Community Development Block Grant (CDBG)
funds into the Single Family Rehabilitation Loan Program.
Adopted Yeas - 7 Nays - 0
26.Resolution - 94 -1683 - Authorizing the proper city officials to accept and expend a $3,000 grant from
the Minnesota Department of Natural Resources for a community forestry project.
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
27.Resolution - 94 -1684 - Agreeing to indemnify and hold harmless Concordia College from all suits,
claims and actions while the City is using their facility for the Future Force Program.
Adopted Yeas - 7 Nays - 0
28.Resolution - 94 -1685 - Approving agreement with Independent School District 4625 whereby the
City will provide police services in assisting the District in its Elementary School Police Patrol and
Police Liaison programs for the 1994 -1995 school year.
Adopted Yeas - 7 Nays - 0
29.Resolution - 94 -1686 - Amending the Civil Service Rules by striking out in its entirety, Section 5.1),
Residence. (To be laid over one week for adoption)
Laid over to November 30 for adoption
30.Resolution - 94 -1687 - Affirming the decision of the City Council on November 10 9, 1994, to deny
the appeal of Daniel Dobson to a decision of the Planning Commission granting a special condition use
permit to allow shared commercial parking in an institutional parking lot at 1549 Grand Avenue.
Adopted Yeas - 7 Nays - 0
31.Resolution - 94 -1688 - Authorizing payment of $3,000 to David Romero in full settlement of his
claim against the City of St. Paul.
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Adopted Yeas - 7 Nays - 0
32.Resolution - 94 -1689 - Authorizing payment of $6,500 to Aklilu Dargie in full settlement of his claim
against the City of St. Paul.
Adopted Yeas - 7 Nays - 0
33.Resolution - 94 -1690 - Authorizing payment of $6,500 to Amir Ahmed in full settlement of his claim
against the City of St. Paul.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
34.Resolution - 94 -1636 - Providing policy direction for eliminating graffiti (companion to Ordinance
94 -1310 adopted November 2, 1994). (Laid over from November 9)
Adopted Yeas - 7 Nays - 0
35.Resolution - 94 -1691 - Approving an agreement with the City of Minneapolis to exchange
prosecutorial services with the hopes of containing costs for outside counsel in criminal matters where a
conflict of interest or the appearance of a conflict of interest exists.
Adopted Yeas - 5 Nays - 0 (Rettman, Thune not present for vote)
ORDINANCES
36.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)
Laid over to December 7 Yeas - 6 Nays - 0 (Harris not present for vote)
37.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) (Amended and laid over from November 16)
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
38.Final Adoption - 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.
Adopted Yeas - 7 Nays - 0
39.Final Adoption - 94 -1591 - An ordinance amending Ordinance No. 13537, approved January 31,
1967, pertaining to truck routes.
Adopted Yeas - 7 Nays - 0
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40.Second 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 30 for third reading
41.Second 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. (Discussion will be held
in City Operations Committee on December 14)
Laid over to November 30 for third reading
42.Second 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. (Discussion will be held
in City Operations Committee on December 14)
Laid over to November 30 for third reading
43.Second 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.
(Discussion will be held in City Operations Committee on December 14)
Laid over to November 30 for third reading
44.Second 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.
(Discussion will be held in City Operations Committee on December 14)
Laid over to November 30 for third reading
45.First Reading - 94 -1692 - An ordinance amending Ordinance No. 13534, approved January 31, 1967,
pertaining to One -Way- Streets.
Laid over to November 30 for second reading
46.First Reading - 94 -1693 - An ordinance amending Section 27.02 of the Saint Paul Administrative
Code, City Residency and Additional Test Points.
Laid over to November 30 for second reading
PUBLIC HEARINGS
47.Public hearing to consider the appeal of Downtowner Car Wash, Jay Montpetit, to a decision of the
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Planning Commission approving a special condition use permit to allow outdoor sales of used
automobiles at Kittson Street (southwesterly side between East Seventh Street and Interstate 94). (Laid
over from November 16)
Appeal denied Yeas - 5 Nays - 1 (Blakey) (Rettman not present for vote)
48.Third 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)
Public hearing will be held in City Operations Committee on December 14 at 10:00 a.m.
49.Resolution - 94 -1694 - Approving application for a Malt Off Sale License by SuperAmerica Group -
Division of Ashland Oil Inc., dba SuperAmerica 44030, 1625 Rice Street. (ID 414680)
Adopted Yeas - 7 Nays - 0
50.Resolution - 94 -1695 - Approving application for an On Sale Liquor -C, Sunday On Sale Liquor,
Entertainment -III, Restaurant -B, and Gambling Location B License by Turf Club Inc., dba Turf Club
(Mark A. Johnson, President), 1601 West University Avenue. (ID 423583)
Adopted Yeas - 7 Nays - 0
51.Resolution - 94 -1696 - Approving application for an Entertainment -I License by Wallace's Westsider
Bar, dba Wallace's Westsider Bar (Ronald J. Mechura, President), 429 South Robert Street. (ID 419623)
Adopted as amended Yeas - 7 Nays - 0
52.Resolution - 94 -1697 - Approving application for a General Repair Garage License by Ge Thao, dba
Thao's Auto Repair, 631 North Dale Street. (ID 461692)
Adopted Yeas - 7 Nays - 0
53.Resolution - 94 -1698 - Ordering the owner(s) to remove or repair the building at 655 Desoto Street
within fifteen (15) thirty (30) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Adopted as amended Yeas - 7 Nays - 0
54.Resolution - 94 -1699 - Ordering the owner(s) to remove or repair the building at 942 Duchess Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends allowing
the owner 180 days to complete the rehabilitation, contingent on his obtaining the code compliance and
appropriate bonds before the November 23 City Council meeting)
Adopted as amended per recommendation of the Legislative Hearing Officer
Yeas - 7 Nays - 0
55.Resolution - 94 -1700 - Ordering the owner(s) to remove or repair the building at 385 Lawson Avenue
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East within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 7 Nays - 0
56.Resolution - 94 -1701 - Ordering the owner(s) to remove or repair the building at 342 Magnolia
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 7 Nays - 0
57.Appeal of Thomas R. Dimond to the Summary Abatement Order regarding property at 324 Bates
Avenue. (Legislative Hearing Officer recommends denial of appeal)
Laid over to December 7 Yeas - 7 Nays - 0
58.Appeal of Lawrence P. Kiteck to the Summary Abatement Order regarding property at 81 Western
Avenue South. (Legislative Hearing Officer recommends denial of appeal)
Appeal denied Yeas - 7 Nays - 0
59.1 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 16)
Adopted Yeas - 6 Nays - 0 (Grimm not present for vote)
60.1 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 16)
Adopted Yeas - 6 Nays - 0 (Grimm not present for vote)
61.Final Orde
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