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Minutes 11-9-1994Page 1 of 9 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, November 9, 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 • Suspension Items Present - 4 - Councilmembers Blakey, Grimm, Megard, Rettman Absent - 3 - Guerin (Excused) Harris, Thune (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 (Councilmembers Harris and Thune were not present for the votes on Items 1 -18 and 22 -24) 1. Approval of minutes of September 7, 1994 meeting. Adopted Yeas - 4 Nays - 0 2. Summons in Application for Registration of Land in the matter of the joint application of Melania J. file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_105953 \Minutes 11- 9- 199... 12/15/2010 Page 2 of 9 Thompson and North Oaks Company, Inc. Referred to the City Attorney's Office 3. Petition of A.M. Rasoir, Ltd. for the vacation of those portions of Vine Street, Neill Street, Prince Street and Kittson Street. (For referral to the Real Estate Division for check as to form and sufficiency Referred to the Real Estate Division 4. Petition of Daniel S. Lutz and Michele M. Apell for the vacation of the alley in Block 7, Bohland's Edgcumbe Hills, bounded by St. Paul Avenue, Howell Street and vacated Theresa Place, and setting date of public hearing for November 30, 1994. (File 19 -1994) 5. Letter from the Ramsey County Department of Taxation transmitting application AN 94- 2830 for reduction of assessed valuation of real estate Adjacent 1351 Red Rock Road/ Dakota Barge Services. (Real Estate Division recommends approval) 6. Letter from the Division of Public Health declaring 484 Edmund Avenue as "nuisance property ". (For notification purposes only; public hearing will be scheduled at a later date if necessary.) 7. Letter from the Office of License, Inspection and Environmental Protection (LISP) announcing date of public hearing for Wednesday, November 16, 1994, at 3:30 p.m. before the City Council pertaining to Currency Exchange License Application for the premises located at 785 East 7th Street, St. Paul. (Interested parties should contact Christine Rozek at 266 -9114) 8. Letter from the Office of License, Inspection and Environmental Protection (LISP) announcing date of public hearing for Wednesday, November 16, 1994, at 3:30 p.m. before the City Council pertaining to Currency Exchange License Application for the premises located at 477 Rice Street, St. Paul. (Interested parties should contact Christine Rozek at 266 -9114) 9. Letter from the Office of License, Inspection and Environmental Protection (LISP) announcing date of public hearing for Wednesday, November 16, 1994, at 3:30 p.m. before the City Council pertaining to Currency Exchange License Application for the premises located at 873 Rice Street, St. Paul. (Interested parties should contact Christine Rozek at 266 -9114) 10. Letter from the Department of Planning and Economic Development setting date of public hearing for November 23, 1994 to consider the appeal of Gregory Mayen to a decision of the Heritage Preservation Commission to deny a building permit application for the installation of vinyl siding and aluminum trim to property at 604 -06 Portland Avenue (located in Historic Hill Heritage Preservation District). 11. Administrative Orders: D00299 Amending the 1994 budget in the Division of Public Health by transferring spending authority between various special project activities. . D00300 Amending the 1994 budget in the Department of Planning and Economic Development to correct a coding problem in the CRP Evaluation line and increase the Sibley Manor project by $4,000. . D00301 Amending the Spending Plan in the Division of Parks and Recreation /Municipal Stadium file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_105953 \Minutes 11- 9- 199... 12/15/2010 Page 3 of 9 to reflect proper accounting for purchase of rear loading trash dumpsters. • D00302 Amending the Spending Plan in the Division of Parks and Recreation /Special Services to allow for continuation of normal operations for the remainder of the year. • D00303 Amending the Spending Plan in the Division of Parks and Recreation /General Fund to provide spending authority for additional hours worked in swimming pool activities. • D00304 Amending the 1994 budget of the Executive Administration - Special Projects/ General Government to reflect spending used for the Great River Park Fishing Event rather than a Winter Carnival dinner. . D00305 Addition of $7,500 to the contract for Mississippi River Boulevard Parkway Restoration - Phase Six. . D00306 Amending the 1994 budget in the Department of Public Works /Street Repair and Cleaning Fund by transferring $50,000 from recoverable advance to materials for project on Edgerton Road bridge over CNWRR tracks. . D00307 Authorizing expenditure from the Minnesota Foundation, Perrie Jones Library Fund, in an amount not to exceed $6,700 for an in -house training session and staff recognition event for the St. Paul Public Library on October 10, 1994. . D00308 Addition of $34,322.07 to the contract for street lighting system for Hampden/ University CSSP. Noted as on file in the City Clerk's Office 12. Resolution - 94 -1598 - Approving renewal of Off Sale Liquor License by RAD, Inc., dba Park Liquor Store, 140 Snelling Avenue North. (ID 486811) (To be laid over one week for adoption. Laid over to November 16 13. Resolution - 94 -1582 - Approving application for a Recycling Collection Center License by Minnesota Metals, 776 Desoto Street. (ID 472526) (Public hearing will be held November 16) Laid over to November 16 for public hearing 14. Resolution - 94 -1599 - Approving payment of $6,108.37 to Jerold W. Lokken and Nodak Mutual in full settlement of their claim against the City of St. Paul. Adopted Yeas - 4 Nays - 0 15. Resolution - 94 -1600 - Amending the 1994 budget by adding $247,287 to the financing and spending plans to reimburse Dayton's Bluff Neighborhood Housing Service, West Side Neighborhood Housing Service, the Environment and Energy Resource Center, and the Neighborhood Energy Consortium for residential energy conservation services. Adopted Yeas - 4 Nays - 0 file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_105953 \Minutes 11- 9- 199... 12/15/2010 Page 4 of 9 16. Resolution - 94 -1601 - Amending the Capital Improvement Program by transferring spending and financing from the Hamline- Montreal - Highland Parkway project to the Combined Sewer Separation Paving Program. Adopted Yeas - 4 Nays - 0 17. Resolution - 94 -1602 - Amending the 1994 Capital Improvement Program by transferring spending and financing from the St. Clair- Lexington -35E and Oakland- Grand - Summit projects to the Combined Sewer Separation Paving Program. Adopted Yeas - 4 Nays - 0 18. Resolution - 94 -1603 - Requesting an extension of time to complete work on a building being repaired at 187 -189 Acker Street East. Adopted Yeas - 4 Nays - 0 19. Resolution - 94 -1604 - Requesting authorization to use the title "St. Paul Police" in the name of the St. Paul Police K -9 Foundation, and to permit a Police Department representative to participate as a non- voting member of the Foundation's Board of Directors. Adopted Yeas - 6 Nays - 0 20. Resolution - 94 -1605 - Providing for the issuance of $10,000,000 Variable Rate Demand Water Revenue Bonds, Series 1994D, and amending prior water revenue bond resolutions. Adopted as amended Yeas - 6 Nays - 0 21. Resolution - 94 -1606 - Directing the Department of Planning and Economic Development to conduct a study in conjunction with Public Works and the Police Department on the feasibility of making above - standard street lighting levels available to high crime areas of the City of St. Paul. Adopted as amended Yeas - 6 Nays - 0 22. Resolution - 94 -1607 - Finalizing City Council adverse action taken on November 2, 1994, pertaining to license held by Quick Pick Grocery, Inc., 993 Payne Avenue. Adopted Yeas - 4 Nays - 0 23. Resolution - 94 -1608 - Requesting a one -year extension to December 21, 1995, on the variance previously granted to John and Sherry Goodman for property located at 537 Mount Curve Boulevard. Adopted Yeas - 4 Nays - 0 24. Resolution - 94 -1609 - Increasing fees for zoning and environmental reviews by 11.42 %; increase fees annually thereafter based on any increase in professional salaries during the year. (For referral to the Finance and Budget Committee) Referred to the Finance and Budget Committee file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_105953 \Minutes 11- 9- 199... 12/15/2010 Page 5 of 9 FOR DISCUSSION 25. Resolution - 94 -1409 - Ordering the owner(s) to repair or remove the building at 692 Fourth Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) (Laid over from November 2) Withdrawn Yeas - 6 Nays - 0 26. Resolution - 94 -1597 - Requesting the Mayor to not issue any Request for Proposals regarding the provision of cable television services unless it has been determined that the City Council is in agreement with the policy changes implicit in such a Request for Proposals. (Laid over from November 2) Substitute introduced and adopted as amended Yeas - 5 Nays - 1 (Rettman) ORDINANCES 27. Final Adoption - 94 -1535 - An ordinance affirming the decision of the City Council on September 28, 1994, to approve a petition of the Church of the Sacred Heart to rezone property located at 859 -869 Fifth Street East from RT -1 to RM -2. (Public hearing held September 28) Adopted Yeas - 6 Nays - 0 28. Final Adoption - 94 -1536 - An ordinance affirming the decision of the City Council on September 28, 1994, to approve the petition of Rein Midway Limited Partnership to rezone property located at 1570 University Avenue West from B -2 to B -3. (Public hearing held September 28) Adopted Yeas - 6 Nays - 0 29. Second 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 16 for third reading /public hearing 30. Second Reading - 94 -1591 - An ordinance amending Ordinance No. 13537, approved January 31, 1967, pertaining to truck routes. Laid over to November 16 for third reading /public hearing 31. First 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 HEARINGS 32. Third Reading - 94 -1488 - An ordinance to repeal Chapter 375 of the Saint Paul Legislative Code relating to child day care centers. (City Operations Committee recommends approval) Laid over to November 16 for final adoption file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_105953 \Minutes 11- 9- 199... 12/15/2010 Page 6 of 9 33. Third Reading - 94 -1560 - An ordinance amending Section 160.03 of the Saint Paul Legislative Code pertaining to parking meters. Laid over to November 16 for final adoption 34. Third Reading - 94 -1561 - An ordinance to update and conform city license qualifications and temporary license regulations to state law. (City Operations Committee recommends approval) Laid over to November 16 for final adoption 35. Third Reading - 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) Laid over to November 16 for final adoption 36. Third Reading - 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) Laid over to November 16 for final adoption 37. Resolution - 94 -1611 - Approving application for a Gas Station, Grocery (C), and Cigarette License by Avanti Petroleum Inc., dba Total Mart 45418, 281 North Snelling Avenue. (ID 478418) Adopted Yeas - 6 Nays - 0 38. Resolution - 94 -1612 - Approving application for a Cigarette, Grocery (C) and Gas Station License by Avanti Petroleum Inc., dba Total Mart, 2199 West University Avenue. (ID 446950) Adopted Yeas - 6 Nays - 0 39. Resolution - 94 -1613 - Approving application for a Cigarette, Liquid Fuel Dealer, Grocery (C), Gas Station, and Malt Off Sale License by Avanti Petroleum Inc., dba Total Mart 45681, 2525 West 7th Street. (ID 486393) Adopted Yeas - 6 Nays - 0 40. Resolution - 94 -1614 - Approving application for a Gas Station, Grocery (C), and Cigarette License by Avanti Petroleum Inc., dba Total Mart 45679, 1351 Randolph Avenue. (ID 440328) Adopted Yeas - 6 Nays - 0 41. Resolution - 94 -1615 - Approving application for a Malt Off Sale, Liquid Fuel Dealer, Gas Station, Grocery (C), and Cigarette License by Avanti Petroleum Inc., dba Total Mart 45676, 976 East 7th Street. (ID 470955) Adopted Yeas - 6 Nays - 0 42. Resolution - 94 -1616 - Approving application for a Gas Station, Grocery (C), and Cigarette License by Avanti Petroleum Inc., dba Total Mart 45652, 2057 Marshall Avenue. (ID 494974) Adopted Yeas - 6 Nays - 0 43. Resolution - 94 -1617 - Approving application for a Cigarette, Grocery (C), and Gas Station License file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_105953 \Minutes 11- 9- 199... 12/15/2010 Page 7 of 9 by Avanti Petroleum Inc., dba Total Mart, 1170 Arcade Avenue. (ID 451347) Adopted Yeas - 6 Nays - 0 44. Resolution - 94 -1618 - Approving application for a Malt Off Sale, Gas Station, Grocery (C), and Cigarette License by Avanti Petroleum Inc., dba Total Mart, 304 East Larpenteur Avenue. (ID 485606) Adopted Yeas - 6 Nays - 0 45. Resolution - 94 -1619 - Approving application for a Cigarette, Grocery (C) and Malt Off Sale License by Avanti Petroleum Inc., dba Total Mart, 1529 North White Bear Avenue. (ID 415178) Adopted Yeas - 6 Nays - 0 46. Resolution - 94 -1620 - Approving application for the transfer of a Cigarette, Gas Station, Grocery (C), and Off Sale Malt License by Holiday Station Stores Inc., dba Holiday Station Store 482, at 1429 West 7th Street (ID 414863) to 1445 West 7th Street. (ID 418144) Adopted Yeas - 6 Nays - 0 47. Resolution - 94 -1621 - Approving application for a State Class B Gambling Premise Permit by Minnesota/USA Wrestling at Badger Lounge, 738 University Avenue. (ID 413- 03074) Adopted Yeas - 6 Nays - 0 48. Resolution - 94 -1622 - Approving application for a State Class B Gambling Premise Permit by Willard M. Munger, Jr. on behalf of Multiple Sclerosis Society at Chuck's Bar, 901 Payne Avenue. (ID #B- 00562) Adopted Yeas - 6 Nays - 0 49. Resolution - 94 -1623 - Approving application for a Gambling Manager's License by Lee J. Hoffman, dba Multiple Sclerosis Society, at Chuck's Bar, 901 Payne Avenue. (ID 441425) Adopted Yeas - 6 Nays - 0 50. Resolution - 94 -1624 - Approving application for a General Repair Garage License by Minh Hoang Nguyen, dba Best Auto Repair, 380 Maryland Avenue West. (ID 444902) Adopted Yeas - 6 Nays - 0 51. Resolution - 94 -1625 - Approving application for a Recycling Collection Center License by Frank Remackel, dba Frank Remackel, 750 Barge Channel Road. (ID 464076) Adopted Yeas - 6 Nays - 0 52. 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 to November 16 Yeas - 6 Nays - 0 file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_105953 \Minutes 11- 9- 199... 12/15/2010 Page 8 of 9 53. 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 to November 16 Yeas - 6 Nays - 0 54. 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 418764) Laid over to November 16 Yeas - 6 Nays - 0 55. Final Order - 94 -1629 - In the matter of sidewalk reconstruction for the Raymond/ University sidewalk project on the Raymond Avenue side of property located at 2388 University Avenue. (File 4187705) Adopted Yeas - 6 Nays - 0 56. Resolution - 94 -1630 - Ordering the owner(s) to remove or repair the building at 675 Cook Avenue East- within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends 60 days layover in Legislative Hearings) Laid over to January 11, 1995 Yeas - 6 Nays - 0 57. Resolution - 94 -1631 - Ordering the owner(s) to remove or repair the building at 611 Edmund Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0 58. Resolution - 94 -1632 - Ordering the owner(s) to remove or repair the building at 106 Manitoba Avenue within fifteen (15) five (5) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted as amended Yeas - 6 Nays - 0 59. Resolution - 94 -1633 - Ordering the owner(s) to remove or repair the building at 255 Page Street East within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0 60. Resolution - 94 -1634 - Ordering the owner(s) to remove or repair the building at 337 Saratoga Street South within five (5) days from adoption of resolution. (Legislative Hearing Officer recommends approval) Adopted Yeas - 6 Nays - 0 61. Resolution - 94 -1635 - Ordering the owner(s) to remove or repair the building at 696 Sixth Street East within five (5) thirty (30) days from adoption of resolution. (Legislative Hearing Officer file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_105953 \Minutes 11- 9- 199... 12/15/2010 Page 9 of 9 recommends approval) Adopted as amended Yeas - 6 Nays - 0 62. Public hearing to consider the request of Hearmore Company (Gilbert Sceli) to rezone property at 1445 White Bear Avenue from R -4 to OS -1 to allow a hearing aid dispensary office. Motion of Intent adopted Yeas - 6 Nays - 0 63. Public hearing to consider the zoning case of Rein Midway Limited Partnership for a Preliminary and Final Plat at 1560 University Avenue (Midway Shopping Center). Laid over to November 30 Yeas - 6 Nays - 0 64. Public hearing to consider the zoning case of Arthur Jacobson for a Preliminary an file : //C:ADOCUME— l \cayre \LOCALS —l\ Temp \ELF20101215_105953 \Minutes 11- 9- 199... 12/15/2010