Minutes 12-14-1994Page 1 of 10
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
December 14, 1994 - 3:30 - 5:00 P.M.
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
2. Smmons and Complaint in the matter of Terri Coppage vs. the City of St. Paul, et al.
Referred to the City Attorney's Office
3. Summons and Complaint in the matter of Michael Miller vs. the City of St. Paul, et al.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of Michael W.R. Grover, by Wayne Murray Grover, vs. the
City of St. Paul, et al.
Referred to the City Attorney's Office
5.Order to Show Cause in the matter of application of Westgate Holdings, Inc. to register title to certain
lands.
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Referred to the City Attorney's Office
6.Petition of John Kerwin, Nicollet Restoration, Inc. for Abatement of Sewer Assessments on property
located at 437 Shepard Road. Referred 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)
4AT94 -2906 (Shepard Road)
4AT94 -2688 (2388 University Avenue West)
and AF94 -2652 (317 York Avenue)
(Real Estate Division recommends approval)
Adopted Yeas - 7 Nays - 0
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.
1O.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.
. D00351Amending 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.
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. D00355 Addition of $32,858 to the contract for Como Pool Parking Lot Site Development.
. 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 accounting 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.
Noted as on file in the City Clerk's Office
1 l.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)
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Adopted Yeas - 7 Nays - 0
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)
Adopted Yeas - 7 Nays - 0
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)
Laid over to December 21 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)
Laid over to December 21 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)
Laid over to December 21 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)
Laid over to December 21 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)
Laid over to December 21 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)
Adopted Yeas - 7 Nays - 0
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)
Substitute Introduced and Adopted Yeas - 7 Nays - 0
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20.Resolution - 94 -1775 - Approving 1994 year -end budget adjustments.
Adopted Yeas - 7 Nays - 0
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.
Adopted Yeas - 7 Nays - 0
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).
Adopted Yeas - 7 Nays - 0
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.
Adopted Yeas - 7 Nays - 0
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.
Adopted Yeas - 7 Nays - 0
25.Resolution - 94 -1780 - Authorizing the transfer of $200,000 of budgeted CDBG funds to the City's
1994 Summer Youth Employment Program.
Adopted Yeas - 7 Nays - 0
26.Resolution - 94 -1781 - Authorizing a Sewer Availability Charge refund of $750.00 to Gary F.
Hegner.
Adopted Yeas - 7 Nays - 0
27.Resolution - 94 -1782 - Amending the Civil Service Rules regarding Eligible Lists. (To be laid over
one week for adoption)
Laid over to December 21 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.
Adopted Yeas - 7 Nays - 0
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 ".
Adopted Yeas - 7 Nays - 0
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30.Resolution - 94 -1785 - Amending the spending and financing plans of Warner /Shepard Road projects
to bring them up to date with latest estimates.
Adopted Yeas - 7 Nays - 0
31.Resolution - 94 -1786 - Authorizing MnDOT to investigate and determine the maximum and safe
speed on Warner Road from Sibley Street to Childs Road.
Adopted Yeas - 7 Nays - 0
32.Resolution - 94 -1787 - Authorizing the release of utility easements no longer needed by utility
companies.
Adopted Yeas - 7 Nays - 0
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.
Adopted Yeas - 7 Nays - 0
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.
Adopted Yeas - 7 Nays - 0
35.Resolution - 94 -1790 - Authorizing a City -State Agreement for a bicycle trail between Indian
Mounds and Battle Creek Parks.
Adopted Yeas - 7 Nays - 0
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.
Adopted Yeas - 7 Nays - 0
37.Resolution - 94 -1792 - Approving action of the Property Code Enforcement Board of Appeals
pertaining to variances granted at the November 10, 1994. meeting.
Adopted Yeas - 7 Nays - 0
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.
Adopted as amended Yeas - 7 Nays - 0
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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)
Substitute adopted Yeas - 7 Nays - 0
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 held in City Operations Committee on December 14)
Laid over to March 8 Yeas - 7 Nays - 0
41.Final Adoption - 94 -1692 - An ordinance amending Ordinance No. 13534, approved January 31,
1967, pertaining to One -Way- Streets.
Adopted Yeas - 7 Nays - 0
42.Final Adoption - 94 -1693 - An ordinance amending Section 27.02 of the Saint Paul Administrative
Code, City Residency andAdditional Test Points.
Adopted Yeas - 7 Nays - 0
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)
Laid over to December 21 for third reading
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)
Substitute introduced and laid over to December 21 for final adoption
Yeas - 7 Nays - 0
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)
Laid over to December 21 for final adoption
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
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liquor service hours for the purpose of food service and entertainment, clarifying zoning requirements
and consolidating license classification. (Laid over from November 30)
Laid over to December 21 for final adoption
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)
Laid over to December 21 for final adoption
48.Third Reading - 94 -1716 - An ordinance designating the Burbank Rowhouse, 277 -283 Goodrich
Avenue, for heritage preservation. Laid over to December 21 for final adoption
49.Third Reading - 94 -1717 - An ordinance designating the Grandview Theater, 1830 Grand Avenue,
for heritage preservation.
Laid over indefinitely Yeas - 6 Nays - 0 (Rettman not present for vote)
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.
Laid over to December 21 for final adoption
51.Third Reading - 94 -1719 - An ordinance designating the Weber House, 202 McBoal Street, for
heritage preservation.
Laid over to December 21 for final adoption
52.Third Reading - 94 -1720 - An ordinance designating the Joseph Brings House, 178 Goodrich
Avenue, for heritage preservation.
Laid over to December 21 for final adoption
53.Third Reading - 94 -1722 - An ordinance designating the Messerli House, 1216 East Seventh Street,
for heritage preservation.
Laid over to December 21 for final adoption
54.Third Reading - 94 -1723 - An ordinance designating the Smith Building, 225- 229 -1/2 West Seventh
Street, for heritage preservation.
Laid over to December 21 for final adoption
55.Third Reading - 94 -1724 - An ordinance designating Charles Thompson Memorial Hall, 1824
Marshall Avenue, for heritage preservation.
Laid over to December 21 for final adoption
56.Resolution - 94 -1794 - Approving transfer of a Gas Station, Cigarette and Grocery -C License by
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Twin Cities Stores Inc. 4571 (James D. Ridings), 2067 Grand Avenue from Finaserve Inc. at the same
address. (ID 426880 & 11019)
Adopted Yeas - 6 Nays - 0 (Blakey not present for vote)
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)
Adopted Yeas - 6 Nays - 0 (Blakey not present for vote)
58.Resolution - 94 -1796 - Approving application for an Off SaleMalt License by Twin Cities Stores,
Inc. 4571 (James D. Ridings), 2067 Grand Avenue (ID 426880)
Adopted Yeas - 6 Nays - 0 (Blakey not present for vote)
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)
Adopted Yeas - 6 Nays - 0 (Blakey not present for vote)
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)
Adopted Yeas - 7 Nays - 0
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)
Adopted Yeas - 7 Nays - 0
62.Resolution - 94 -1800 - Approving application for a Gambling Manager's License by Dorothy M.
Stehr, dba St. Anthony of Padua's Friends, at Wallace's Westsider, 429 South Robert Street. (ID 496971)
Adopted Yeas - 7 Nays - 0
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 413- 03378)
Adopted Yeas - 7 Nays - 0
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)
Adopted Yeas - 7 Nays - 0
65.Resolution - 94 -1768 - Establishing parking regulations near the intersection of Dale Street and
Lafond Avenue. (Laid over from December 7)
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Laid over to December 21 for continuation of public hearing Yeas - 7 Nays - 0
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)
Withdrawn
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) Adopted as
amended per recommendation of the Legislative Hearing Officer
Yeas - 7 Nays - 0
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)
Laid over to February 15 Yeas - 6 Nays - 0 (Harris not present for vote)
69.Resolution - 94 -1806 - Ordering the owner(s) to remove or repair the building located at 420
Minnehaha Avenue West East 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)
Adopted as amended Yeas - 6 Nays - 0 (Harris not present for vote)
70.Resolution - 94 -1807 -
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