Minutes 6-7-1995Page 1 of 8
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, June 7th, 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
• Administrative Orders
• For Discussion
• Ordinances
• Public Hearings
• Suspension Items
Present - 6 - Councimembers Blakey, Guerin, Harris, Megard, Rettman, Thune
Absent - 1 - Grimm (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
1. Approval of minutes of April 12, 1995.
Adopted Yeas - 6 Nays - 0
2. Claims of Clapp & Erickson (for Andrea Carol McMonigal), Albrecht Hamann, Shannon L. Holland,
and Lisa Rose Johnson.
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Referred to the City Attorney's Office
3. Summons and Complaint in the matter of Thomas Patterson vs. the City of St. Paul.
Referred to the City Attorney's Office
4. Letter from the Office of the City Attorney announcing date of hearing before the City Council on
June 21, 1995, concerning adverse action against licenses held by Clark & Oil Refining Corporation,
dba Clark Station, 400 Dale Street North. (Uncontested)
5. Letter from the Office of the City Attorney announcing date of hearing before the City Council on
June 21, 1995, concerning adverse action against licenses held by Salwa Wazwaz, dba Super Dollar
Store, 2471 7th Street West. (Uncontested)
6. Letter from the Office of the City Attorney announcing date of hearing before the City Council on
June 21, 1995, concerning adverse action against licenses held by Tom Thumb Food Markets, Inc., dba
Tom Thumb Market 4118, 626 Larpenteur Avenue West. (Uncontested)
7. Letter from the Office of the City Attorney canceling the Administrative Hearing scheduled for June
13, 1995, concerning adverse action against licenses held by Nelson G. Paguyo, dba Restaurant Inc. for
the Babylon Coffee, 267 7th Street West due to expiration of license and no intent to renew same.
8. Letters from the Division of Public Health declaring 1160 Bush Avenue, 1116 Suburban Avenue, and
66 Sycamore Street East as "nuisance properties" and setting date of Legislative Hearings for June 20,
1995, and City Council Hearings for June 28, 1995.
9. Letter from the Department of Planning and Economic Development announcing date of public
hearing before the City Council for June 14, 1995, to consider the application of Grant Tracy (Leland
Gottstein) to rezone property from RM -2 (residential) to B -2 (community business) to allow parking for
the business at 534 Selby Avenue.
10. Letter from the Department of Planning and Economic Development announcing date of public
hearing before the City Council for June 21, 28, 1995, to consider the appeal of District 10 Como
Community Council to a decision of the Planning Commission to approve the site plan for a new
parking lot in Como Park at Beulah Lane and Midway Parkway.
Public hearing date amended to June 28 Yeas - 7 Nays - 0
11. Communication from St. Paul Animal Control dated May 26 and May 31, 1995, announcing a
request from the University of Minnesota Research Lab for unclaimed dogs and cats.
12. Administrative Orders:
. D00543 Authorizing training to citizen volunteers who serve on LIEP related commissions.
. D00544 Amending the 1995 budget of the Police Department by reallocating spending authority
in the Training Unit within the General Fund.
. D00545 Amending the 1995 budget of the Department of Public Works by adjusting the budgets
of various activities to reflect actual work assigned.
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. D00546 Addition of $200,000 to the contract for Civic Center parking ramp structural deck
restoration.
. D00547 Addition of $2,623 to the contract for interior remodeling for the women's locker room
and handicap accessibility at the Traffic Operations Building, 899 North Dale Street.
. D00548 Amending the 1995 budget of the Housing Information Office by moving funds to
purchase a duplicating machine.
. D00549 Addition of $2,150 to the contract for Northwest Como Recreation Center play area and
sitework.
Noted as on file in the City Clerk's Office
13. Resolution - 95 -595 - Finalizing City Council action taken May 24, 1995, denying the appeal of
Bruce Bolander c/o Bolander and Sons Inc. to a decision of the Board of Zoning Appeals affirming the
determination that Schafer Company's concrete crushing facility at 704 Mississippi Street meets
provisions.
Adopted Yeas - 6 Nays - 0
14. Resolution - 95 -596 - Authorizing payment of $3,700, from the Tort Liability Fund, to Creighton
Pendarvis in full settlement of his claim against the City of St. Paul.
Adopted Yeas - 6 Nays - 0
15. Resolution - 95 -597 - Amending the 1995 budget in the Office of License, Inspections, and
Environmental Protection by adding $25,663 to the Financing and Spending Plans for computer
enhancements, various supplies and services related to the ongoing Process Redesign project.
Adopted Yeas - 6 Nays - 0
16. Preliminary Order - 95 -598 - In the matter of sidewalk reconstruction on the north side of Topping
Street from Mackubin Street to North Western Avenue, and the west side of Westminster Street from
East Wheelock Parkway to East Hoyt Avenue at 330 East Wheelock Parkway only, and setting date of
public hearing for August 2, 1995. (File 4S95074 -75)
Adopted Yeas - 6 Nays - 0
17. Preliminary Order - 95 -599 - In the matter of sidewalk reconstruction on the east side of South
Albert Street from Juliet Avenue to Palace Avenue; the north side of Graham Avenue from Sue Street to
Norfolk Lane; and elimination of driveway and replace with standard curb, per property owner request,
at 1927 Juliet Avenue, and setting date of public hearing for August 2, 1995. (File 4S95076 -78)
Adopted Yeas - 6 Nays - 0
18. Preliminary Order - 95 -600 - In the matter of sidewalk reconstruction on the south side of Conway
Street from Flandrau Street to North White Bear Avenue; both sides of East Fourth Street from Flandrau
Street to North White Bear Avenue; the west side of Gotzian Street from East Third Street to East
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Fourth Street; both sides of Margaret Street from Atlantic Street to Johnson Parkway; both sides of
Margaret Street from Duluth Street to Atlantic Street; both sides of East Sixth Street from Hancock
Street to Gotzian Street; the south side of Stillwater Avenue from North Hazel Street to North Ruth
Street; the south side of Stillwater Avenue from North Ruth Street to Nokomis Avenue; both sides of
East Third Street from Pedersen Street to North Howard Street; the west side of Ruth Street from
Stillwater Avenue to Case Avenue; the north side of Stillwater Avenue from Hazel Street to North Ruth
Street; and the north side of Stillwater Avenue from North Ruth Street to Nokomis Avenue, and setting
date of public hearing for August 2, 1995. (File 4S95084 -92 & S95099 -101)
Adopted Yeas - 6 Nays - 0
19. Preliminary Order - 95 -601 - In the matter of sidewalk reconstruction on both sides of Birmingham
Street from East Arlington Avenue to East Nebraska Avenue; the south side of Case Avenue from
Hazelwood Street to Kennard Street; the north side of East Cottage Avenue from Germain Street to
Kennard Street; both sides of East Magnolia Avenue from Edgerton Street to Payne Avenue; 1398
Mcafee Street; the east side of Nokomis Avenue from East Rose Avenue to East Maryland Avenue; and
the east side of Winchell Street from East Nevada Avenue to East Hoyt Avenue, and setting date of
public hearing for August 2, 1995. (File 4S95093- S95098 & S95102)
Adopted Yeas - 6 Nays - 0
20. Preliminary Order - 95 -602 - In the matter of sidewalk reconstruction at 1345 and 1347 Summit
Avenue, and setting date of public hearing for August 2, 1995. (File 4S95103
Adopted Yeas - 6 Nays - 0
21. Preliminary Order - 95 -603 - In the matter of operating and maintaining the City -owned "Town
Square" Public Spaces located within Cedar Street, Seventh Street, Minnesota Street and Sixth Street,
and setting date of public hearing for July 26, 1995. (File 418113 -95)
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
22. Resolution - 95 -604 - Approving and authorizing execution of a Memorandum of Understanding
with the Science Museum of Minnesota.
Laid over to June 21 Yeas - 6 Nays -1 (Rettman)
23. Resolution - 95 -605 - To discuss policy actions necessary to ensure that the City of Saint Paul is
adequately represented at the Metropolitan Council.
Laid over to June 28 Yeas - 7 Nays - 0
ORDINANCES
24. Final Adoption - 95 -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 hardship. (Amended and laid over
from May 31)
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Adopted Yeas - 7 Nays - 0
25. Final Adoption - 95 -516 - An ordinance awarding a non - exclusive bus stop shelter franchise to Ad
Shelters, Inc.
Adopted Yeas - 7 Nays - 0
26. Final Adoption - 95 -518 - An ordinance amending Chapter 200 of the Saint Paul Legislative Code to
allow dog license fees to be set by the City Council.
Adopted Yeas - 7 Nays - 0
27. Final Adoption - 95 -5 19 - an ordinance amending the license fee schedule in Chapter 310 of the
Saint Paul Legislative Code, modifying miscellaneous license fees and adding previous exclusions from
the schedule.
Adopted Yeas - 7 Nays - 0
28. Final Adoption - 95 -520 - An ordinance amending Chapter 198 of the Saint Paul Legislative Code to
allow exotic animal permit fees to be determined through ordinance by the City Council.
Adopted Yeas - 7 Nays - 0
29. Final Adoption - 95 -521 - An ordinance amending Chapter 225 of the Saint Paul Legislative Code to
allow fees for licenses to sell firearms to be determined by the City Council.
Adopted Yeas - 7 Nays - 0
30. Final Adoption - 95 -522 - An ordinance amending Chapter 331 of the Saint Paul Legislative Code to
simplify the food vehicle license classification.
Adopted Yeas - 7 Nays - 0
31. Final Adoption - 95 -523 - An ordinance amending Chapter 339 of the Saint Paul Legislative Code
allowing for the fees charged for ice cream processing plants to be set by the City Council.
Adopted Yeas - 7 Nays - 0
32. Final Adoption - 95 -524 - An ordinance amending Chapter 200 of the Saint Paul Legislative Code to
allow veterinarians to act as license vendors. (Amended on May 31)
Adopted Yeas - 7 Nays - 0
33. Final Adoption - 95 -525 - An ordinance amending Chapter 200 of the Saint Paul Legislative Code to
allow for the issuance of dog licenses at no charge to those dog owners who provide proof of
certification of training as guide dogs. (Amended on May 17)
Adopted Yeas - 7 Nays - 0
(Councilmember Rettman was excused from the meeting at this time)
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PUBLIC HEARINGS
34. Third Reading - 95 -517 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code
increasing permit fees to reflect changes in Section 307 of the Minnesota Uniform Building Code. (Laid
over from May 31)
Laid over to June 14 for final adoption
35. Third Reading - 95 -557 - An ordinance amending Chapters 60 and 64 of the Saint Paul Legislative
Code pertaining to Zoning.
Laid over to June 14 for final adoption
36. Resolution - 95 -606 - Approving application for an On Sale Malt (strong) License by LeeAnn Chin
Inc., dba LeeAnn Chin Chinese Cuisine, 917 Grand Avenue. (ID 482669)
Adopted Yeas - 6 Nays - 0
37. Resolution - 95 -607 - Approving application for a Restaurant -A, Grocery -D, Off Sale Malt,
Cigarette and Butcher License by Tim & Tom's Speedy Market Inc. (Thomas J. Spreigl), 2310 Como
Avenue. (ID 443912)
Adopted Yeas - 6 Nays - 0
38. Resolution - 95 -608 - Approving application for an Off Sale Malt, Grocery -C, Cigarette and Gas
Station License by Jousif LLC, dba Selby Food & Gas (Abdalla Tobasi), 809 Selby Avenue. (ID
496215)
Adopted Yeas - 6 Nays - 0
39. Resolution - 95 -609 - Approving application for an extension of liquor area by O'Gara Bar & Grill
Inc. (Timothy S. O'Gara), 164 North Snelling Avenue. (ID 416246)
Adopted Yeas - 6 Nays - 0
40. Resolution - 95 -610 - Approving application for the transfer of an On Sale 3.2 Malt and Restaurant -
B License by Anh Truong, dba Caravelle Restaurant, 799 West University Avenue, (ID 440468) from
Thong Tran, dba Caravelle Restaurant (D 491396) at the same address.
Adopted Yeas - 6 Nays - 0
41. Resolution - 95 -611 - Approving application for a Second Hand Dealer Motor Vehicle and Auto
Repair Garage License by University Auto Sales & Services (Pajtsheng Vang), 900 West University
Avenue. (ID 496463)
Adopted Yeas - 6 Nays - 0
42. Resolution - 95 -612 - Approving application for a Second Hand Dealer Motor Vehicle Parts and
Auto Repair Garage License by Dave's Used Auto Parts and Repair (David E. Hunter & Joel R.
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Huddleson), 353 Larch Street. (ID 412346)
Adopted Yeas - 6 Nays - 0
43. Resolution - 95 -613 - Approving application for an Auto Repair Garage License by Guzzo's L & R
Service Inc. (Carol Ann Guzzo), 944 Arcade Street. (ID 425409)
Adopted Yeas - 6 Nays - 0
44. Resolution - 95 -614 - Concerning adverse action against licenses held by Hasan, Bassani H., dba
Dale & Selby Superette & Deli, 618 Selby Avenue. (ID 495958) (Uncontested)
Adopted Yeas - 5 Nays - 0 (Thune not present for vote)
45. Resolution - 95 -615 - Concerning adverse action against licenses held by Thomas Enterprises, Inc.,
dba Brown Derby Lounge, 567 Stryker Avenue. (Uncontested)
Adopted as amended Yeas - 6 Nays - 0
46. Resolution Ratifying Assessment (Substitute) - 95 -616 - In the matter of sidewalk construction
(new) on the southwest side of Madison Street from West Seventh Street to Rockwood Avenue. (File
459402)
Adopted Yeas - 6 Nays - 0
47. Resolution - 95 -617 - Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property at 670 North Robert Street; 1150 Barclay, Apt. 46; 1059 Minnehaha
Avenue East; and 1303 Redrock Road.
Adopted Yeas - 6 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 26) (Legislative Hearing Officer recommended, on April 4,
to grant the appeal)
Appeal denied (property owner allowed six weeks to conform)
Adopted Yeas - 6 Nays - 0
49. Public hearing to consider the application of Campbell's Clarence Court for final plat for a seven lot
residential subdivision at 13XX Clarence Street.
Motion of intent adopted Yeas - 6 Nays - 0
Suspension Items
Resolution - 95 -618 - Congratulating Tom and Terri Byrne on the occasion of their golden wedding
anniversary.
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Adopted Yeas - 7 Nays - 0
Resolution - 95 -619 - Authorizing property owners to place gravel in a portion of the alley bounded by
St. Clair Avenue, Lombard Avenue, Milton Street and Benhill Road.
Adopted Yeas - 7 Nays - 0
Resolution - 95 -620 - Authorizing the Division of Parks and Recreation to sell 3.2 beer at the festival at
Harriet Island Park on June 11, 1995, celebrating the arrival of the University of Minnesota Showboat to
St. Paul.
Adopted Yeas - 6 Nays - 0 (Rettman not present for vote)
Resolution - 95 -621 - Authorizing Chautauqua on the River to use the Division of Parks and
Recreation's 3.2 beer and wine licenses for Harriet /Raspberry Island to sell 3.2 beer and wine at
Chautauqua events during the 1995 season.
Adopted Yeas - 6 Nays - 0 (Rettman not present for vote)
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