Minutes 12-7-1994Page 1 of 9
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, December 7, 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
• Ordinances
• Public Hearings
• Suspension Items
Present - 5 - Councilmembers Blakey, Guerin, Harris, Megard, Rettman
Absent - 0 - Grimm (arrived shortly after roll call), Thune (arrived later in the meeting)
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.
(Councilmember Thune was not present for the votes on Items 1 -22 & 24 -54)
(Councilmember Grimm was not present for the votes on Items 1 -22)
FOR ACTION
1. Approval of Minutes of September 21, 1994.
Adopted Yeas - 5 Nays - 0
(This item was reconsidered when Councilmember Grimm arrived)
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Amendment was made to roll call on page 1 of the minutes to read: Grimm (Excused due to illness)
Adopted as amended Yeas - 6 Nays - 0 (Thune not present for vote)
2. Claims of Laura June Dahlheimer, Ronald N. Eilert, Jeffrey & Kristin Kidder, Cheryl O'Regan,
Catherine Satriano, Patricia Strom, LaGina Ann Collins- Sturge, Kathryn H. Winsel, and Mary Claire
Wyble.
Referred to the City Attorney's Office
3. Summons and Complaint in the matter of Robert Kennedy vs. the City of St. Paul, et al.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of Holga Martinez vs. the City of St. Paul, et al.
Referred to the City Attorney's Office
5. Letters from the Division of Public Health declaring 625 Aurora Avenue, 284 Charles Avenue, 926-
932 Selby Avenue, and 934 -936 Selby Avenue as "nuisance properties" and setting dates of Legislative
Hearings for December 20, 1994, and City Council Hearings for December 28, 1994.
6. Administrative Orders:
. D00341 Addition of $501.53 to the contract for Mississippi River Boulevard, Phase VI.
• D00342 Authorizing payment not to exceed $500 to the University of Saint Thomas for
auditorium rental, public address rental, and catering services for the Saint Paul Police Academy
graduation ceremony on December 15, 1994.
• D00343 Amending the 1994 budget in the Department of Planning and Economic Development to
reclassify the budget for the general fund portion of the Safe City Initiatives to a new and separate
activity.
• D00344 Amending the 1994 budget in the Office of LISP by transferring $4,925 from Food
Regulation to License and Permit Administration to balance the 1994 general fund salaries budget.
• D00345 Amending the 1994 budget in the Office of LISP by transferring $3,485 to
Material /Supplies Object Code to complete the purchase of alarm permit stickers.
. D00346 Amending the 1994 budget in the Office of LISP by transferring excess dollars from the
Services Fund to the Equipment- Land - Buildings Fund to cover a shortage due to the purchase of
cellular telephones and a paging system.
Noted as on file in the City Clerk's Office
7. Resolution - 94 -1703 - Approving renewal of a Second Hand Dealer -Motor Vehicle License by
Arcade Auto Sales, 1414 Arcade Street. (ID 452082) (Laid over from November 30 for adoption)
Adopted Yeas - 5 Nays - 0
8. Resolution - 94 -1705 - Approving renewal of various Class III and Supporting Licenses by: Multiple
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Sclerosis Society /Patrick's Lounge, 1318 Larpenteur Avenue West; Whitaker Buick/Jeep Eagle, 1225
University Avenue West; Payne Avenue Our Own Hardware, 1200 Payne Avenue; Dave's Auto Service,
991 Front Avenue; Jewish Community Center of St. Paul, 1375 St. Paul Avenue; Midway Truck
Service, 1047 Raymond Avenue; Cystic Fibrosis Foundation /Trend Bar, 1537 University Avenue West;
Cheyenne Automotive Inc., 279 Aurora Avenue; Multiple Sclerosis Society /Keenan's 620 Club, 620 7th
Street West; Johnson Area Youth Hockey /Hafner's, 1560 White Bear Avenue North; Angelo's Pizza,
277 McKnight Road South; Thong Auto Repair Inc., 904 University Avenue West; Gametime, 30 7th
Street East; Doherty's Auto Body Repair Inc., 791 Curfew Street; East Side Collision Center, 1007
Arcade Street; Desert Links Miniature Golf, 175 5th Street East 4177; and Truck Engineering Company,
155 Acker Street East. (ID 411864- 90468) (Laid over from November 30 for adoption)
Adopted Yeas - 5 Nays - 0
9. Resolution - 94 -1706 - Approving renewal of various Class III and Supporting Licenses by: Auto
Clinic Inc., 740 Grand Avenue; Commercial State Bank, 377 St. Peter Street; First Baptist Church, 499
Wacouta Street; Lenfer Transmission, 1324 Arcade Street; Bethesda Lutheran Hospital, 559 Capitol
Boulevard; St. Joseph's Hospital Parking Ramp, 57 10th Street West; and Gary's 66, 2013 Minnehaha
Avenue East. (ID 414760- 36843) (Laid over from November 30 for adoption)
Adopted Yeas - 5 Nays - 0
10. Resolution - 94 -1707 - Approving renewal of various On Sale Wine and Supporting Licenses by:
Mirror of Korea Restaurant, 761 Snelling Avenue North; and White Lily Restaurant, 758 Grand Avenue.
(ID 410245- 83595) (Laid over from November 30 for adoption)
Adopted Yeas - 5 Nays - 0
11. Resolution - 94 -1708 - Approving renewal of various On Sale Liquor and Supporting Licenses by:
Winners, 674 Dodd Road; The University Club of St. Paul, 79 Western Avenue North; Gatsby's, 2554
Como Avenue; and Bourbon Bar, 691 Dale Street North. (ID 433712- 80730) (Laid over from November
30 for adoption)
Adopted Yeas - 5 Nays - 0
12. Resolution - 94 -1709 - Approving renewal of various On Sale Liquor and Supporting Licenses by:
Kick -Off
Pub, 1347 Burns Avenue; and Pub East, 1180 7th Street East. (ID 426751- 67176) (Laid over from
November 30 for
adoption)
Adopted Yeas - 5 Nays - 0
13. Resolution - 94 -1710 - Approving renewal of On Sale Liquor Club -B, Sunday On Sale Liquor, and
Restaurant -B License by Fraternal Order of Eagles, dba St. Paul Aerie 433, 287 Maria Avenue. (ID
491673) (Laid over from November 30 for adoption)
Adopted Yeas - 5 Nays - 0
14. 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,
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755 Jackson Street. (ID 443529) (To be laid over one week for adoption)
Laid over to December 14 for adoption
15. 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) (To be laid over one week for adoption)
Laid over to December 14 for adoption
16. Resolution - 94 -1740 - Amending the 1994 Capital Improvement Program by transferring spending
and financing from the Randolph Turn Lane project and adding 1994 County Aid and 1994 Municipal
State Aid to the Randolph Avenue paving project.
Adopted Yeas - 5 Nays - 0
17. Resolution - 94 -1741 - Amending the 1994 Capital Improvement Program by transferring spending
and financing from the Randolph Reconstruction, Edgerton Bridge, MSA Contingency and the Hoyt
Overlay project to the 1994 Specified Contingency -Hoyt Avenue Reconstruction project.
Adopted Yeas - 5 Nays - 0
18. Resolution - 94 -1742 - Amending the 1994 Capital Improvement Program by transferring spending
and financing from the 1994 Major Sewer Repair project to the Albert/Eleanor and Hazelwood/McLean
CSSP projects for sewer repairs.
Adopted Yeas - 5 Nays - 0
19. Resolution - 94 -1743 - Approving the lead water service replacement program as adopted by the
Board of Water Commissioners.
Adopted Yeas - 5 Nays - 0
20. Resolution - 94 -1744 - Finalizing City Council action taken on October 26, 1994, approving a
preliminary plat for Max Thieman at 2160 Highwood Avenue.
Adopted Yeas - 5 Nays - 0
21. Preliminary Order - 94 -1745 - In the matter of realigning and constructing Prosperity Avenue from
Maryland Avenue to Rose Avenue, and Rose Avenue from Prosperity Avenue to Barclay Street, and
setting date of public hearing for January 25, 1995. (File 418779)
Adopted Yeas - 5 Nays - 0
22. Preliminary Order - 94 -1746 - In the matter of obtaining the right -of -way and easements necessary
for the realignment of Prosperity Avenue between Maryland Avenue and Rose Avenue, and setting date
of public hearing for January 25, 1995. (File 418779E)
Adopted Yeas - 5 Nays - 0
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ORDINANCES
23. 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 from
November 23)
Substitute introduced and laid over to December 14 for final adoption
Yeas - 6 Nays - 0 (Guerin not present for vote)
24. Final Adoption - 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 was held October 12)
Adopted Yeas - 6 Nays - 0
25. Second Reading - 94 -1716 - An ordinance designating the Burbank Rowhouse, 277 -283 Goodrich
Avenue, for heritage preservation.
Laid over to December 14 for third reading /public hearing
26. Second Reading - 94 -1717 - An ordinance designating the Grandview Theater, 1830 Grand Avenue,
for heritage
preservation.
Laid over to December 14 for third reading /public hearing
27. Second 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 14 for third reading /public hearing
28. Second Reading - 94 -1719 - An ordinance designating the Weber House, 202 McBoal Street, for
heritage preservation.
Laid over to December 14 for third reading /public hearing
29. Second Reading - 94 -1720 - An ordinance designating the Joseph Brings House, 178 Goodrich
Avenue, for heritage preservation.
Laid over to December 14 for third reading /public hearing
30. Second Reading - 94 -1721 - An ordinance designating the William L. Ames School, 1760 Ames
Place, for heritage preservation.
Laid over indefinitely Yeas - 6 Nays - 0
31. Second Reading - 94 -1722 - An ordinance designating the Messerli House, 1216 East Seventh
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Street, for heritage preservation.
Laid over to December 14 for third reading /public hearing
32. Second Reading - 94 -1723 - An ordinance designating the Smith Building, 225- 229 -1/2 West
Seventh Street, for heritage preservation.
Laid over to December 14 for third reading /public hearing
33. Second Reading - 94 -1724 - An ordinance designating Charles Thompson Memorial Hall, 1824
Marshall Avenue, for heritage preservation.
Laid over to December 14 for third reading /public hearing
34. First 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 14 for second reading
PUBLIC HEARINGS
35. Third Reading - 94 -1692 - An ordinance amending Ordinance No. 13534, approved January 31,
1967, pertaining to One -Way- Streets. Laid over to December 14 for final adoption
36. Third Reading - 94 -1693 - An ordinance amending Section 27.02 of the Saint Paul dministrative
Code, City Residency and Additional Test Points.
Laid over to December 14 for final adoption
37. Resolution - 94 -1748 - Approving transfer of a Gambling Manager's License currently held by
Pamela Anderson, dba Royal Guard Jr. Drum & Bugle Corps at Club Metro, 733 Pierce Butler Route
and at the Townhouse, 1415 University Avenue West, to Kathleen K. Kirchoff at the same addresses.
(ID 494123 & 34215)
Adopted Yeas - 6 Nays - 0
38. Resolution - 94 -1749 - Approving application for a Gambling Manager's License by Joni G. Smith,
dba Cystic Fibrosis Foundation, at Alary's Bar, 249 West 7th Street. (ID 419210)
Adopted Yeas - 6 Nays - 0
39. Resolution - 94 -1750 - Approving application for a State Class B Gambling Premise Permit by
Cystic Fibrosis Foundation at Alary's Bar, 249 West 7th Street. (ID 4B- 00397)
Adopted Yeas - 6 Nays - 0
40. Resolution - 94 -1751 - Approving application for an Off Sale Malt, Laundry /DC Pick Up Station,
Grocery (D), and Cigarette License by Coombs Convenience Centers, dba Mears Park Market (Lyman
D. Coombs, owner), 235 East 6th Street. (ID 478701)
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Adopted Yeas - 6 Nays - 0
41. Resolution - 94 -1752 - Approving application for an Off Sale Malt License by SuperAmerica Group,
Division of Ashland Oil, Inc., dba SuperAmerica, 577 S. Smith Avenue. (ID 420443)
Adopted Yeas - 6 Nays - 0
42. Resolution - 94 -1753 - Approving application for an Off Sale Malt License by SuperAmerica Group,
Division of Ashland Oil, Inc., dba SuperAmerica, 1734 West 7th Street. (ID 416071)
Adopted Yeas - 6 Nays - 0
43. Resolution - 94 -1754 - Approving application for an Off Sale Malt License by SuperAmerica Group,
Division of Ashland Oil, Inc., dba SuperAmerica, 390 East Maryland Avenue. (ID 499487)
Adopted Yeas - 6 Nays - 0
44. Resolution - 94 -1755 - Approving application for an Off Sale Malt License by SuperAmerica Group,
Division of Ashland Oil, Inc., dba SuperAmerica, 399 North Lexington Parkway. (ID 412813)
Adopted Yeas - 6 Nays - 0
45. Resolution - 94 -1756 - Approving application for an Off Sale Malt License by SuperAmerica Group,
Division of Ashland Oil, Inc., dba SuperAmerica, 1771 Old Hudson Road. (ID 420071)
Adopted Yeas - 6 Nays - 0
46. Resolution - 94 -1757 - Approving application for an Off Sale Malt License by SuperAmerica Group,
Division of Ashland Oil, Inc., dba SuperAmerica, 1146 Payne Avenue. (ID 458334)
Adopted Yeas - 6 Nays - 0
47. Final Order - 94 -1758 - In the matter of improving Stewart Avenue from Maynard Drive to Rankin
Street with concrete curb and gutter, grading and paving and a new lighting system in conjunction with
the Maynard /Stewart CSSP Project. (File 418689A)
Adopted Yeas - 6 Nays - 0
48. Final Order - 94 -1759 - In the matter of constructing the Irvine Avenue Area Storm Sewer
Separation Project bounded on the north by Summit Avenue, on the south by Pleasant Avenue and
Ramsey Street, on the west by Western Avenue, and on the east by Vacated Chestnut Street. (File
418756)
Adopted Yeas - 6 Nays - 0
49. Final Order - 94 -1760 - In the matter of improving Irvine Avenue from 640 ft. east of Western
Avenue to Pleasant Avenue with a new bituminous surfaced roadway, concrete curb and gutters,
concrete driveway aprons and concrete outwalks; boulevard will be sodded and lantern style street
lighting will be installed. (File 418757)
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Adopted Yeas - 6 Nays - 0
50. Final Order - 94 -1761 - In the matter of constructing sanitary sewer, storm sewer and /or water
service connections, if requested by the property owner, in conjunction with the Irvine Avenue Area
Storm Sewer and Street Paving and Lighting Project. (File 418758)
Adopted Yeas - 6 Nays - 0
51. Final Order - 94 -1762 - In the matter of constructing the Eustis /Desnoyer Storm Sewer Separation
Project bounded by the City boundary on the west, Mississippi River Boulevard on the south, Eustis
Street and Pelham Boulevard on the east, and Frontenac Place and Otis Avenue on the north. (File
418759)
Adopted Yeas - 6 Nays - 0
52. Final Order - 94 -1763 - In the matter of improving various streets with a new bituminous surfaced
roadway, concrete curb and gutters, concrete driveway aprons and concrete outwalks; boulevards will be
sodded and lantern style street lighting will be installed as part of the Eustis /Desnoyer Paving and
Lighting Project. (File 418760)
Adopted Yeas - 6 Nays - 0
53. Final Order - 94 -1764 - In the matter of constructing sanitary sewer, storm sewer and /or water
service connections, if requested by the property owner, in conjunction with the Eustis /Desnoyer Area
Storm Sewer and Street Paving and Lighting Project. (File 418761)
Adopted Yeas - 6 Nays - 0
54. Resolution - 94 -1765 - Authorizing the vacation of part of Bradley Street, bounded by York Avenue,
Burr Street, Jessie Street and Whitall Street.
Adopted Yeas - 6 Nays - 0
55. Resolution - 94 -1651 - Establishing the Schedule of Water Rates for 1995. (Laid over from
November 16)
Adopted Yeas - 7 Nays - 0
56. 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 from November 23)
Appeal granted Yeas - 6 Nays - 1 (Rettman)
57. Public hearing to consider the zoning case of Michael & Doris Vogt for a Registered Land Survey at
811 Winthrop Street. (Laid over from November 30)
Motion of Intent adopted Yeas - 7 Nays - 0
SUSPENSION ITEMS
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Resolution - 94 -1766 - Approving the appointment of Mark Shields as Executive Assistant to the Mayor.
Adopted Yeas - 7 Nays - 0
Resolution - 94 -1767 - Amending the budget in the Department of Planning and Economic Development
to accept State grant funds in the amount of $1,250,000 related to the Children's Museum, Inc., Central
Business District 17.
Adopted Yeas - 7 Nays - 0
Resolution - 94 -1768 - Establishing parking regulations near the intersection of Dale Street and Lafond
Avenue.
Laid over to December 14 for public hearing
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