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Minutes 4-26-1995Page 1 of 8 ACTION MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, April 26th, 1995 - 3:30 PNI 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 • For Discussion • Ordinances • Commitee Reports • Public Hearings • Suspension Items Present - 7 - Councilmembers Blakey, Guerin, Grimm, Harris, 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. Claims of Emma M. Anderson, Chris Boche, Warren A. Buckhalton, Sr., and Gary Michalko. Referred to the City Attorney's Office 2. Summons and Complaint in the matter of Metric Giles vs. the City of St. Paul. fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114138\Minutes 4 -... 12/15/2010 Page 2 of 8 Referred to the City Attorney's Office 3. Summons and Amended Complaint in a Civil Action in the matter of Robert Hill vs. the City of St. Paul, et al. Referred to the City Attorney's Office 4. Summons and Complaint in the matter of the State of Minnesota, et al, vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 5. Communication from St. Paul Animal Control dated April 17, 1995, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 6. Letters from the Division of Public Health declaring 1046 Edgerton Street, 228 -230 George Street West, 467 Ivy Avenue East, and 1116 Suburban Avenue as "nuisance properties ". (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 7. Resolution - 95 -410 - Approving the appointment, by Mayor Coleman, of Margaret Paradise to the Saint Paul Civil Service Commission. (To be laid over one week for adoption) Laid over to May 3 for adoption 8. Resolution - 95 -411 - Approving the appointments, by Mayor Coleman, of Gregory Donovan and Kent Furois to the Hubert H. Humphrey Job Corps Center Neighborhood Advisory Committee. (To be laid over one week for adoption) Laid over to May 3 for adoption 9. Resolution - 95 -412 - Approving the reappointments of Dean Shawbold, Kerry Sarnoski, John Hoffner, Richard Stauning, Daniel Foote, and the appointments of Louis Henry, Gregory Matthews, Jennifer Muenchrath, and Councilmember Jerry Blakey, by Mayor Coleman, to the Saint Paul Private Industry Council. (To be laid over one week for adoption) Laid over to May 3 for adoption 10. Resolution - 94 -1353 - Approving renewal of Hotel /Motel to 50 rooms and Hotel /Motel additional rooms License by EM -TY Corporation, dba Twins Motor Inn, 1975 University Avenue West. (ID 419115) (Laid over indefinitely September 21, 1994) (Recalled and laid over April 19) Adopted Yeas - 7 Nays - 0 11. Resolution - 95 -413 - Approving application for renewal of Restaurant -B, Catering, Entertainment - B, Sunday On Sale Liquor, On Sale Liquor -A, and Gambling Location -A License by EM -TY Corporation, dba Twins Motor Inn, 1975 West University Avenue. (ID 416444) Adopted Yeas - 7 Nays - 0 12. Resolution - 95 -414 - Approving by -laws changes for Cable Access Saint Paul (CASP) file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114138\Minutes 4 -... 12/15/2010 Page 3 of 8 Adopted Yeas - 7 Nays - 0 13. Resolution - 95 -415 - Accepting responsibility for any liability claims in connection with the City owned Cafesjian's Carousel. Adopted Yeas - 7 Nays - 0 14. Resolution - 95 -416 - Authorizing the Division of Parks and Recreation Administration to prepare a new lease agreement with Neighborhood House, Inc. for management of the Community Center at 179 East Robie Street. Laid over to May 3 Yeas - 7 Nays - 0 15. Resolution - 95 -417 - Approving the purchase of property for ponding purposes - Grand /St. Albans Sewer Project. Adopted Yeas - 7 Nays - 0 16. Resolution - 95 -418 - Authorizing Mn /DOT to investigate and determine the minimum speed on Mississippi River Boulevard from Emerald Street to Shepard Road. Adopted Yeas - 7 Nays - 0 17. Resolution - 95 -419 - Finalizing City Council action taken on April 19, 1995, denying the application of Hoyt Development Company to modify a condition that was required as part of a previous zoning variance, restricting where windows overlooking adjacent residential property can be built, at 2145 Ford Parkway. Adopted Yeas - 7 Nays - 0 18. Resolution - 95 -420 - Finalizing City Council action taken on April 19, 1995, approving the appeal of the Housing and Redevelopment Authority of Saint Paul to a decision of the Heritage Preservation Commission to deny approval of a demolition permit for the structure located at 669 East Third Street in the Dayton's Bluff Heritage Preservation District. Laid over to May 10 Yeas - 7 Nays - 0 19. Resolution - 95 -421 - Requesting study of job creation, retention and dislocation data by the Department of Planning and Economic Development (PED), Housing and Redevelopment Authority staff, the Port Authority and Council Research, and directing Council Research to conduct an assessment of the city's job creation, retention and dislocation policies, procedures and performance. Adopted as amended Yeas - 7 Nays - 0 20. Resolution - 95 -393 - Requesting the Department of Planning and Economic Development (PED) to conduct a study or studies involving off -sale liquor establishments to determine whether those uses require additional special zoning consideration. Furthermore, that the Office of License, Inspections, and Environmental Protection (LISP) is directed not to accept any applications for the issuance or transfer of off -sale licenses until the study has been completed. (Laid over from April 12) file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114138\Minutes 4 -... 12/15/2010 Page 4 of 8 Laid over to May 3 Yeas - 7 Nays - 0 21. Resolution Approving Assessment - 95 -422 - In the matter of sidewalk reconstruction on both sides of Scheffer Avenue from South Milton Street to West Seventh Street, and setting date of public hearing for June 21, 1995. (File 4S9331) Adopted Yeas - 7 Nays - 0 22. Resolution Approving Assessment - 95 -423 - In the matter of sidewalk reconstruction on both sides of Farrington Street from Summit Avenue to Laurel Avenue, and setting date of public hearing for June 28, 1995. (File 4S9419) Adopted Yeas - 7 Nays - 0 FOR DISCUSSION 23. Resolution - 95 -424 - Approving Neighborhood Small STAR Grant proposals as recommended by the STAR Board. Adopted as amended Yeas - 6 Nays -1 (Rettman) (Amendments were also made to the guidelines /recommendations) 24. Resolution - 95 -369 - Approving construction of a noise barrier on the east side of Trunk Highway 280; MnDOT project number SP 6242 -61. (Laid over from April 12) Adopted Yeas - 7 Nays - 0 25. Resolution - 95 -333 - Adopting the 1996 -2000 Capital Allocation Policy. (Amended and laid over from April 19) Adopted as amended Yeas - 6 Nays - 0 (Guerin not present for vote) (Amendments were also made to the draft "Saint Paul Capital Allocation Policy ") ORDINANCES 26. Final Adoption - 95 -349 - An ordinance amending Section 60.803(5)(d) of the Saint Paul Zoning Code pertaining to Overlay Parking Districts, pending the completion of studies of possible amendments to the City's regulatory ordinances, pursuant to Minnesota Statutes, Section 462.355, Subdivision 4. Adopted Yeas - 6 Nays - 0 (Guerin not present for vote) 27. Final Adoption - 95 -350 - An ordinance preserving the status quo with respect to the establishment of drop -in centers within the City of Saint Paul pending the completion of studies of possible amendments to the City's Comprehensive Plan and regulatory ordinances concerning drop -in centers, which ordinance is enacted pursuant to Minnesota Statutes, Section 462.355, Subdivision 4. Substitute introduced and laid over to May 3 Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114138\Minutes 4 -... 12/15/2010 Page 5 of 8 28. Final Adoption - 95 -351 - An ordinance finalizing City Council approval of a petition of Gloria Beath (Mesabi Engineering) to rezone property located at 835 Clear Avenue from R -4 to P -1. (Public hearing held March 22, 1995) Adopted Yeas - 6 Nays - 0 (Guerin not present for vote) 29. Final Adoption - 95 -352 - An ordinance amending Sections 60.201 and 64.300 of the Saint Paul Legislative Code pertaining to Zoning. Laid over to May 3 Yeas - 6 Nays - 0 (Guerin not present for vote) 30. Second Reading - 95 -406 - An ordinance amending Chapter 34 of the Legislative Code relating to Minimum Property Maintenance Standards for all Structures and Premises Ordinance. Laid over to May 3 for third reading /public hearing COMMITTEE REPORTS 31. Resolution - 95 -340 - Directing City staff to take steps before the Minnesota Legislature, the Governor, and the United States Congress to protect funding for Saint Paul youth job training and crime prevention programs. (Intergovernmental Relations Committee recommends approval) Adopted Yeas - 7 Nays - 0 32. Resolution - 95 -425 - Accepting the Council Research report titled "A Study of Remedies for Chronic Problem Properties." (City Operations Committee accepted the report; further discussion regarding recommendations of the report will be held at the June 14 City Operations Committee meeting) Adopted Yeas - 7 Nays - 0 PUBLIC HEARINGS 33. Third Reading - 95 -392 - An ordinance imposing a moratorium within the City of Saint Paul on the location or transfer of off -sale liquor establishments pending the completion of studies of possible amendments to the City's Comprehensive Plan and Regulatory Ordinances. Amended and laid over to May 3 for final adoption 34. Resolution - 95 -321 - Approving application for a General Repair Garage License by George H. L'Heureux, dba George's Selby Auto Repair, 880 Selby Avenue. (ID 453943) (Laid over from March 29) (To be laid over to May 3 for public hearing) Laid over to May 3 for public hearing Yeas - 7 Nays - 0 35. Resolution - 95 -426 - Approving application for a Gambling Manager's License by Lon Foote, dba Friends of Animal Adoptions, Inc., at Amelia's Nite Club & Eatery, 175 5th Street East. (ID 410196) Adopted Yeas - 7 Nays - 0 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114138\Minutes 4 -... 12/15/2010 Page 6 of 8 36. Resolution - 95 -427 - Approving application for a Class B Gambling Premise Permit by Marlene Foote, on behalf of Friends of Animal Adoptions, Inc., at Amelia's Nite Club & Eatery, 175 5th Street East. (ID 413- 03180) Adopted Yeas - 7 Nays - 0 37. Resolution - 95 -428 - Approving application for a Class B Gambling Location License by O.P.B.M. Inc., dba Amelia's Nite Club & Eatery, 175 5th Street East. (ID 436054) Adopted Yeas - 7 Nays - 0 38. Resolution - 95 -207 - Approving application for an Off Sale Liquor License by Family Liquor, S. Corporation, dba Family Liquor, 531 Rice Street. (ID 491884) (Recalled and laid over from April 12) Adopted as amended (Referred to the Licensing Department for hearing by an Administrative Law Judge) Yeas - 4 Nays - 3 (Guerin, Harris, Rettman) 39. Resolution - 95 -429 - Approving application for an On Sale Liquor- C, Sunday On Sale Liquor, Gambling Location -C, and Restaurant -C Limited License by Colleen M. Humphreys, dba Sherwood Lounge, 1418 North White Bear Avenue. (ID 422440) Adopted as amended Yeas - 7 Nays - 0 40. Resolution - 95 -430 - Approving application for an On Sale Wine, On Sale Malt (strong), and Restaurant -B License by Napoli Restaurant, Inc., 1406 North White Bear Avenue. (ID 492424) Adopted Yeas - 7 Nays - 0 41. Resolution - 95 -431 - Approving application for an Off Sale Liquor and Original Container License by RBA White Bear Avenue, Inc., dba Hillcrest Liquor Warehouse, (Steve Krause), 1511 North White Bear Avenue. (ID 499998) Adopted Yeas - 7 Nays - 0 42. Resolution - 95 -432 - Approving application for an Off Sale Liquor License by K S Liquor Store (Kou B. Vang), 365 West University Avenue. (ID 480917) Laid over to May 3 Yeas - 6 Nays - 1 (Guerin) 43. Resolution Ratifying Assessment - 95 -433 - In the matter of installation of Fire protection System for 215 South Wabasha Street. Adopted Yeas - 7 Nays - 0 44. Resolution Ratifying Assessment - 95 -434 - In the matter of Summary Abatements (property clean- up) from August to December 1994 for properties located at 800 Robert Street South, 1521 Chelmsford Street, 1193 Ross Avenue, 1060 Iglehart Avenue, 503 Lafond Avenue, 519 Edmund Avenue and 418 Charles Avenue (J9503AA); and demolitions of vacant buildings for August through November 1994 for properties located at 250 Rose Avenue West and 242 Rose Avenue West. (Laid over from April 12) fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114138\Minutes 4 -... 12/15/2010 Page 7 of 8 Legislative Hearing Officer recommends approval with the following exceptions: 1014 Euclid (J9503AA) - laid over to May 16 in Legislative Hearings 1193 Ross Avenue (J9503AA) - delete assessment 800 Robert Street (J9503AA) - delete assessment) The following amendments were made: 1521 Chelmsford Street (J9503AA) - laid over to May 16 Legislative Hearing and May 24 City Council 242 Rose Avenue West and 250 Rose Avenue West (J9411CC) - delete assessment Adopted as amended Yeas- 7 Nays - 0 45. Resolution Ratifying Assessment - 95 -435 - In the matter of repair of sanitary sewer connections by Public Works for 1993 and 1994 (SSA9502); demolitions of vacant buildings for January, 1995 (J9504C); and summary abatements (property clean -up snow removal and /or sanding walks) for December, 1994 and January, 1995 (J9504A). (Legislative Hearing Officer recommends approval with the following exceptions: 91 McKnight Road North (SSA9502) - delete assessment 125 1125 Seminary Avenue (SSA9502) - reduce assessment to $200 $252 508 Belvidere (J9504A) - allow the owner three years to pay the assessment 1424 Case Avenue (J9504A) - laid over to May 16 Legislative Hearings 566 Edmund Avenue (J9504A) - delete assessment 1892 Maryland Avenue East (J9504A) - reduce assessment by $25. 1373 Simpson Street (J9504A) - delete assessment 1815 Summit Avenue (J9504A) - delete assessment 1964 Summit Avenue (J9504A) - delete assessment 0000 Payne Avenue (J9504A) - reduce assessment to half ($35 plus service charge) The following amendments were made: 2156 Roblyn Avenue (SSA9502) - Laid over to May 16 Legislative Hearing and May 24 City Council 174 Montrose Place (SSA9502) - reduce assessment to $4,129.96 file:/ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114138\Minutes 4 -... 12/15/2010 Page 8 of 8 Adopted as amended Yeas - 7 Nays - 0 46. Resolution - 94 -1574 - Ordering the owner(s) to remove or repair the building at 485 Kenny Road within fifteen (15) days from adoption of resolution. (Laid over from October 26, 1994) Withdrawn 47. Resolution - 94 -1577 - Ordering the owner(s) to remove or repair the building at 833 -835 Selby Avenue within fifteen (15) days from adoption of resolution. (Laid over from October 26, 1994) Laid over to May 17 Yeas - 7 Nays - 0 48. Appeal of Martin Evenson and Lyle Lichliter to the Summary Abatement Order regarding property at 703 Wells Avenue. (Laid over from April 12) (Legislative Hearing Officer recommended, on April 4, to grant the appeal) Laid over to June 7 Yeas - 7 Nays - 0 49. Appeal of Julie Cherveny to the Summary Abatement Order regarding property at 344 Duke Street. (Legislative Hearing Officer recommends denying the appeal) Denied Yeas - 7 Nays - 0 Suspension Item Resolution 95 -436 - Extending adult bookstore interim ordinance. Adopted Yeas - 7 Nays - 0 fileJ /C:ADOCUME— l\LFSUPP— l\LOCALS —l\ Temp \ELF20101215_114138\Minutes 4 -... 12/15/2010