Minutes 12-28-1994Pagel of 8
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, December 28, 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 - 6 - Councilembers Guerin, Grimm, Harris, Megard, Rettman, Thune
Absent - 1 - Blakey (Excused)
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 Ackerman Investment Company, dba Starlite Village Motel, Midway National Bank,
Thomas Motherway, and Phil Palmateer,
Referred to the City Attorney's Office
2. Summons and Complaint in the matter of Donald McMahon vs. the City of St. Paul, et. al.
Referred to the City Attorney's Office
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3. Letters from the Division of Public Health declaring 212 Front Avenue, and 654 Holly Avenue as
"nuisance properties ". (For
notification purposes only; public hearings will be scheduled at a later date if necessary.)
4. Letters from the Office of the City Attorney announcing date of public hearing before the City
Council on January 11, 1995, concerning adverse action against licenses held by: AM PM Mini Market,
1377 Arcade Street; Como Raymond Amoco, 2102 Raymond Avenue; Food -N -Fuel, Inc., 2233 Energy
Park Drive; Holiday Station Stores, Inc., 1445 West Seventh Street; Knowlan's Super Markets, Inc., 900
Maryland Avenue East; MiniPac, 1184 East Maryland Avenue; and Minnehaha Liquor Store, 945
Minnehaha Avenue West.
5. Letter from the Department of Planning and Economic Development announcing date of public
hearing on Wednesday, January 11, 1995, to consider the request of Scraper Development Ltd. to rezone
property from R -3 and RM -2 (residential) to B -1 (local business) to allow development of a Walgreen
Drug Store; 1217 Birmingham Street, 1395, 1405, 1415 Maryland Avenue East, 1218 and 1224 -1226
Etna Street.
6. Administrative Orders:
. D00383 Addition of $2,386 to the contract for Marydale Park Restroom Building.
. D00384 Deduction of $500 to the contract for Mississippi River Boulevard Parkway Restoration -
Phase 6.
. D00385 Approving funding of $7,000 for the scheduling of the Parks and Recreation Annual
Volunteer Dinner on April 26, 1995.
• D00386 Amending the 1994 budget in the Division of Parks and Recreation /General Fund to
allow for continuation of normal operations for the remainder of the year.
• D00387 Amending the 1994 budget by $7,500 in the Department of Finance and Management
Services /Purchasing to allow for replacement of computers and fax machine.
• D00388 Amending the 1994 budget in the Department of Finance and Management Services /CIS
by assigning funds to the proper object codes where expenditures will be made.
• D00389 Amending the 1994 budget in the Office of the City Clerk by transferring dollars to
reflect actual object code spending.
• D00390 Amending the 1994 budget in the Division of Parks and Recreation /General Fund to
reflect proper accounting for continuation of normal operations for the remainder of the year.
. D00391 Amending the 1994 budget in the Division of Parks and Recreation /Special Services
Fund to allow for continuation of normal operations for the remainder of the year.
. D00392 Amending the 1994 budget in the Division of Parks and Recreation /General Fund to
reflect proper accounting for continuation of normal operations for the remainder of the year.
. D00393 Amending the 1994 budget in the Division of Parks and Recreation /General Fund to
reflect proper accounting for continuation of normal operations for the remainder of the year.
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. D00394 Amending the 1994 budget in the Department of Finance and Management Services /Real
Estate Division to cover salary shortage, replace outdated computer equipment, and to purchase a
computer for the CH -CH conference center.
. D00395 Amending the 1994 budget in the Mayor's Office /General fund to reflect actual spending.
. D00396 Amending the 1994 budget in the Department of Public Works /Street Repair and
Cleaning Fund.
Noted as on file in the City Clerk's Office
7. Resolution - 94 -1847 - Approving renewal of an On Sale Liquor Club -B, Gambling Location -C,
Restaurant -B, and Sunday On Sale Liquor License by Rice Street VFW Post 43877, 1134 Rice Street.
(ID 412368) (To be laid over one week for adoption)
Laid over to January 4 for adoption
8. Resolution - 94 -1812 - Approving the appointment, by Mayor Coleman, of Ruth Blackman to the
Skyway Governance Committee. (Laid over from December 21 for adoption)
Adopted Yeas - 6 Nays - 0
9. Resolution - 94 -1813 - Approving the reappointments of Louis Greengard, Jay Zack, Donna Funk,
Dick Lee, and the appointments of Dick Hanson, Rolf Middleton, Theodore Madden, Mark Butala, and
Calvin Hilton, by Mayor Coleman, to the Saint Paul Private Industry council. (Laid over from December
21 for adoption)
Adopted Yeas - 6 Nays - 0
10. Resolution - 94 -1814 - Approving the reappointments of Ann Seifert, Margaret Demco, Barbara
Stone, Signe Masterson, and Jean
Hammink, and the appointments of Leonard Jackson, and Randi Mitchell, by Mayor Coleman, to the
Saint Paul Overnight Shelter Board. (Laid over from December 21 for adoption)
Adopted Yeas - 6 Nays - 0
11. Resolution - 94 -1848 - Approving the appointments, by Mayor Coleman, of the following
individuals to the Neighborhood Sales
Tax Board: Larry Laughlin, Russ Miller, Jaye Rykunyk, David Skilbred, Michelle Vojacek, Lola
Franco, Stacey Millett, Shem Shakir, Mary Pickard, Paul Mattessich, Steve Wellington, Frank Gurney,
Triesta Brown, John Loban, and Kou Vang. (To be laid over one week for adoption)
Laid over to January 4 for adoption
12. Resolution - 94 -1849 - Approving the appointments, by Mayor Coleman, of the following
individuals to the Saint Paul Cultural Capital Investment Board: Lois West, Sarah Lutman, Samuel
Verdeja, Ron Pauline, and Ruth Appelho£ (To be laid over one week for
adoption)
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Laid over to January 4 for adoption
13. Resolution - 94 -1850 - Setting date of public hearing for January 4, 1995, to consider increasing
Sewer Service Availability Charge
(SAC) from $800 to $850 beginning January 1, 1995.
Adopted Yeas - 6 Nays - 0
14. Resolution - 94 -1851 - Approving the addition of Boy Scout Troop 466 to the 1994 Charitable
Gambling 10% Club.
Adopted Yeas - 6 Nays - 0
15. Resolution - 94 -1852 - Approving disbursement of Youth Program Funds to the following
organizations: Battle Creek Booster Club, $1,308; Boosters East, Inc., $1,308; Central Area Volleyball,
$1,308; East Side Midget Hockey, $1,308; Eastview Booster Club, $350; Homecroft Booster Club,
$1,308; Mariucci Inner City Hockey, $1,590; McDonough Booster Club, $1,308; North Star
Speedskating Club, $1,308; Rice Recreation Youth Club, $1,308; St. Paul Ice Ringette, $1,308; St. Paul
Storm Girls' Volleyball, $1,308; Scheffer Booster Club, $1,308; Sports For Life, $1,308; Valley Booster
Club, $1,308; Wilder Youth Club, $1,030; and
Youth Express, $902.
Adopted Yeas - 6 Nays - 0
16. Resolution - 94 -1853 - Approving payment in the amount of $9,500 to David and Robin Galloway in
full settlement of their claim against the City of St. Paul.
Adopted Yeas - 6 Nays - 0
17. Resolution - 94 -1854 - Amending the 1994 Capital Improvement Program in the amount of
$274,719.74 by transferring spending and financing from the 1983 -1985 Water Pollution Abatement
Fund to 1994 CSSP Contingency.
Adopted Yeas - 6 Nays - 0
18. Resolution - 94 -1855 - Amending the spending and financing plans of the 1987 Como Park
Development and Lexington Parkway
Reconstruction/Lighting projects.
Adopted Yeas - 6 Nays - 0
19. Resolution - 94 -1856 - Accepting and expending $12,375 of additional funding for the Police
Department Mobile Crisis Intervention Grant.
Adopted Yeas - 6 Nays - 0
20. Resolution - 94 -1857 - Directing the City of St. Paul to provide a City -wide Advanced Life Support
(ALS) ambulance service.
Adopted Yeas - 6 Nays - 0
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21. Resolution - 94 -1858 - Authorizing the Department of Fire and Safety Services to enter into a fire
protection contract with Minnesota
Mining and Manufacturing Company and the City of Maplewood.
Adopted Yeas - 6 Nays - 0
22. Resolution - 94 -1859 - Accepting a $2,500 donation from the City and County Employees Credit
Union for the City employee newsletter "Let's Talk ", and adjusting the 1994 budget accordingly.
Adopted Yeas - 6 Nays - 0
23. Resolution - 94 -1860 - Approving 1994 budget amendment in the amount of $5,000 to reflect
purchase and sale of City logo merchandise so that funds used to purchase the merchandise can be
replaced with the proceeds from sales.
Adopted Yeas - 6 Nays - 0
24. Preliminary Order - 94 -1861 - In the matter of improving Hoyt Avenue between Hamline Avenue
and Victoria Street, and setting date of public hearing for February 22, 1995. (File 418780)
Adopted Yeas - 6 Nays - 0
25. Preliminary Order - 94 -1862 - In the matter of the construction and /or repair of sanitary sewer, storm
sewer and /or water service
connections, if requested by the property owner, in conjunction with the Hoyt Avenue Street and
Lighting project between Hamline
Avenue and Victoria Street, and setting date of public hearing for February 22, 1995. (File 418781)
Adopted Yeas - 6 Nays - 0
ORDINANCES
26. Final Adoption - 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. (Substitute introduced December 14) (Substitute introduced and laid over from December
21)
Adopted Yeas - 6 Nays - 0
26A. Final Adoption - 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.
Adopted Yeas - 6 Nays - 0
26B. Final Adoption - 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.
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Adopted Yeas - 6 Nays - 0
26C. Final Adoption - 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.
Adopted Yeas - 6 Nays - 0
27. Final Adoption - 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)
Adopted Yeas - 6 Nays - 0
28. Second Reading - 94 -1834 - An ordinance amending Chapter 86 of the Saint Paul Administrative
Code to provide for alternate
signatures for the Mayor and the Director of the Department of Finance and Management Services on
City contracts. Amended and Laid over to January 4 for third reading /public hearing
29. Second Reading - 94 -1835 - An ordinance amending Ordinance No. 13534 approved January 31,
1967, by adding that Quirnia Avenue, bounded by St. Paul Avenue and Edgcumbe Road become a one -
way street (eastbound). Laid over to January 4 for third reading /public hearing
30. First Reading - 94 -1863 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code,
Zoning Code, so as to add provisions regulating the location of currency exchange businesses. (City
Operations Committee recommends approval) Laid over to January 4 for second reading
PUBLIC HEARINGS
31. Resolution - 94 -1864 - Approving transfer of a Gambling Manager's License currently held by
Richard Hjelseth, dba Trade Lake Camp, Inc., at Nickel Sports Bar, 501 Blair Avenue, to Patricia K.
Knitt at the same address. (ID 478897)
Adopted Yeas - 6 Nays - 0
32. Resolution - 94 -1865 - Approving transfer of a Gambling Manager's License currently held by Paul
Harvey, dba Anderson - Nelson VFW Post 41635, 648 East Lawson Street, to Michael T. Cole at the
same address. (ID 497921)
Adopted Yeas - 6 Nays - 0
33. Resolution - 94 -1866 - Approving transfer of a Gambling Manager's License currently held by
Dorothy Stehr, dba St. Anthony of Padua's Friends, at Wallace's Westsider, 429 South Robert Street, to
Josette Saleh at the same address. (ID 426660)
Adopted Yeas - 6 Nays - 0
34. Resolution - 94 -1867 - Approving application for a Gambling Manager's License by Josette Saleh,
dba St. Anthony of Padua's Friends, at Antonio's, 1177 Clarence Street. (ID 497909)
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Adopted Yeas - 6 Nays - 0
35. Resolution - 94 -1868 - Approving application for a Gambling Manager's License by Ernest E.
Mutterer, dba Epilepsy Foundation of Minnesota, at Coach's Pub, 1192 North Dale Street. (ID 443865)
Adopted Yeas - 6 Nays - 0
36. Resolution - 94 -1869 - Approving application for a State Class B Gambling Premise Permit by
Linda Warner on behalf of Epilepsy Foundation of Minnesota, at Coach's Pub, 1192 North Dale Street.
(ID 413- 02928)
Adopted Yeas - 6 Nays - 0
37. Resolution - 94 -1406 - Ordering the owner(s) to repair or remove the building at 915 -917 Ashland
Avenue within fifteen (15) days from adoption of resolution. (Laid over from September 28)
(Legislative Hearing Officer recommends approval) Laid over to January 11
Yeas - 6 Nays - 0
38. Resolution - 94 -1870 - Ordering the owner(s) to remove or repair the building located at 625 Aurora
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval)
Adopted Yeas - 6 Nays - 0
39. Resolution - 94 -1871 - Ordering the owner(s) to remove or repair the building located at 284 Charles
Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
allowing the owner 180 days (June 20, 1995) to complete the rehabilitation contingent on obtaining the
code compliance and appropriate bonds before the December 28 City Council meeting)
Adopted per recommendation of the Legislative Hearing Officer
Yeas - 6 Nays - 0
40. Resolution - 94 -1872 - Ordering the owner(s) to remove or repair the building located at 926- 932
Selby Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends allowing the owner 180 days (June 20, 1995) to complete the rehabilitation) Adopted per
recommendation of the Legislative Hearing Officer
Yeas - 6 Nays - 0
41. Resolution - 94 -1873 - Ordering the owner(s) to remove or repair the building located at 934- 936
Selby Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Adopted Yeas - 6 Nays - 0
42. Appeal of Diana Randall Voss to the Summary Abatement Order regarding property at 723 East
Fourth Street. (Laid over from December 14) (Legislative Hearing Officer recommends denial of
appeal) Laid over indefinitely
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Yeas - 6 Nays - 0
43. Appeal of Lawrence M. Bosky Besky to the Summary Abatement Order regarding property at 1892
East Maryland Avenue. (Legislative Hearing Officer recommends denial of appeal) Appeal Denied
Yeas - 6 Nays - 0
44. Appeal of Edwin A. Timmers, Jr. to the Summary Abatement Order regarding property at 801 Sims
Avenue and adjacent property at 935 Arcade Street. (Legislative Hearing Officer recommends denial of
appeal) Appeal Denied - 30 days to abate nuisance
Yeas - 6 Nays - 0
45. Appeal of Michael Kelleher to the Summary Abatement Order regarding property at 2137 Wellesley
Avenue. (Legislative Hearing Officer recommends denial of appeal) Appeal Denied
Yeas - 6 Nays - 0
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