Minutes 8-2-1995Page 1 of 10
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, August 2nd, 1995 - 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 - 7 - Councilmembers Blakey, Grimm, Guerin, 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 Highland Car Wash, John McHenry, and Frances M. Squires.
Referred to the City Attorney's Office
2. Summons and Complaint in the matter of Capitol Indemnity Corporation, a Wisconsin Corporation,
vs. the City of St. Paul, et al.
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Referred to the City Attorney's Office
3. Summons and Complaint in the matter of Charles Sinclair vs. the City of St. Paul, et al.
Referred to the City Attorney's Office
4. Letters from the Division of Public Health declaring 275 Commercial Street, 866 Jessie Street, 591
Mackubin Street, and 922 Westminster Street as "nuisance properties ". (For notification purposes only;
public hearings will be scheduled at a later date if necessary.)
5. Letters from the Division of Public Health declaring 43 Front Avenue, 1242 Juliet Avenue, 674
Mendota Street and 879 -881 Margaret Street, 203 Robie Street West, 449 Sherburne Avenue, and 238
Victoria Street North as "nuisance properties" and setting date of Legislative Hearings for August 15,
1995, and City Council Hearings for August 23, 1995.
6. Letter from the Office of the City Attorney announcing date of hearing before an Administrative Law
Judge on August 15, 1995, 9:30 a.m., Room 41, St. Paul City Hall, to consider adverse action against
licenses held by Encore Music, Inc., 1952 University Avenue.
7. Letter from the Real Estate Division announcing date of public hearing before the City Council on
August 30, 1995, to approve the release of retained easement rights in vacated Fenton Street lying
within currently platted Lot 1, Block 2, Riverview Industrial Park Number 1.
8. Letter from the Ramsey County Department of Taxation transmitting Application
AT95 -4438, 847 & 855 West 7th Street, for reduction in assessed valuation. (Real Estate Division
recommends approval)
Adopted Yeas - 7 Nays - 0
9. Certificate of Sufficiency regarding a petition by the ACORN citizens organization for the enactment
of an ordinance regarding publicly assisted business enterprises and their hiring and wage practices.
10. Communication from St. Paul Animal Control dated July 24, 1995, announcing a request from the
University of Minnesota Research Lab for unclaimed dogs and cats.
11. Administrative Orders:
. D00586 Amending the 1995 budget in the Mayor's Office by moving funds from Mayor's
Contingency in anticipation of a request from Children's Initiative for a City contribution.
. D00587 Amending the 1995 budget in the Division of Parks and Recreation to provide spending
authority for purchase of capital items and for repairing existing item.
. D00588 Amending the 1995 budget in the Department of Public Works by transferring spending
authority between line items in the Sewer Service Enterprise fund to allow additional spending for
major sewer repair projects and less spending for inflow and infiltration projects.
. D00589 Addition of $100,000 to the contract for Civic Center parking ramp structural deck
restoration.
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. D00590 Approving payment of $878 to Dr. Ralph Farnsworth, Como Zoo veterinarian, to attend
the 1995 Annual Conference of the American Association of Zoo Veterinarians in Lansing,
Michigan.
. D00591 Amending the 1995 budget in the Division of Parks and Recreation to reflect proper
accounting for maintaining normal operations throughout the year.
. D00592 Amending the 1995 budget in the Office of License, Inspections & Environmental
Protection by approving new activity numbers and new activity names for LIEP General Fund
(001) and Special Funds (167) and (320).
. D00593 Amending the 1995 budget in the Division of Citywide Information Services to transfer
funds from salaries to consultant fees.
Noted as on file in the City Clerk's Office
12. Resolution - 95 -815 - Approving the appointments of Marilyn Porter, John Margot, and Judith
Benton, by Mayor Coleman, to the Capital Improvement Budget Committee. (Laid over from July 26
for adoption)
Adopted Yeas - 7 Nays - 0
13. Resolution - 95 -816 - Approving the reappointment of Robert Lowe, by Mayor Coleman, to District
Energy St. Paul, Inc. (Laid over from July 26 for adoption)
Adopted Yeas - 7 Nays - 0
14. Resolution - 95 -817 - Approving the appointment of Raymond Cantu, by Mayor Coleman, to the
Saint Paul Human Rights Commission. (Laid over from July 26 for adoption)
Adopted Yeas - 7 Nays - 0
15. Resolution - 95 -818 - Approving the appointment of Michael Arcand, by Mayor Coleman, to the
Saint Paul Water Board. (Laid over from July 26 for adoption)
Adopted Yeas - 7 Nays - 0
16. Resolution - 95 -851 - Approving the reappointments of Scott Bunin, Carol Ann McGuire, Craig
Wruck, and Thomas Hueg, and the appointment of John Polunc, by Mayor Coleman, to the Metropolitan
Aircraft Sound Abatement Council (MASAC). (To be laid over one week for adoption)
Laid over to August 9 for adoption
17. Resolution - 95 -852 - Approving the appointments of True Pham and Chantha Koy, by Mayor
Coleman, to the New Americans Advisory Committee. (To be laid over one week for adoption)
Laid over to August 9 for adoption
18. Resolution - 95 -853 - Approving the reappointments of Andy Boss and Lillian Micke, and the
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appointments of Bob Fletcher and Fong Thao, by Mayor Coleman, to the Public Housing Agency of St.
Paul. (To be laid over one week for adoption)
Laid over to August 9 for adoption
19. Resolution - 95 -854 - Approving the appointment of Bety Rios Christensen, by Mayor Coleman, to
the Public Safety Advisory Council. (To be laid over one week for adoption)
Laid over to August 9 for adoption
20. Resolution - 95 -855 - Approving waiver of the 60% consent requirement for a block party /special
event permit for the Smith Avenue Festival on August 20, 1995, between the hours of 10:00 a.m. and
6:00 p.m.
Adopted Yeas - 7 Nays - 0
21. Resolution - 95 -856 - Approving cancellation of registered bills and the underlying debts forgiven
for seven community or non -profit organizations.
Laid over to August 16 Yeas - 7 Nays - 0
22. Resolution Approving Assessment - 95 -857 - In the matter of installation of storm sewer
connections, as requested by the property owners, in conjunction with the Seventh /Kellogg Sewer
Separation Project, and setting date of public hearing for September 27, 1995. (File 418609 -5)
Adopted Yeas - 7 Nays - 0
23. Resolution Approving Assessment - 95 -858 - In the matter of installation of storm sewer service
connections, as requested by the property owner, in conjunction with the Macalester /Bayard Area
Project, and setting date of public hearing for September 27, 1995. (File 418653 -2)
Adopted Yeas - 7 Nays - 0
24. Resolution Approving Assessment - 95 -859 - In the matter of installation of storm sewer
connections, as requested by the property owner, in conjunction with improving Lexington Parkway,
and setting date of public hearing for September 27, 1995. (File 418674 -Conn)
Adopted Yeas - 7 Nays - 0
25. Resolution Approving Assessment - 95 -860 - In the matter of installation of storm sewer service
connections, as requested by the property owner, in conjunction with the Palace /Toronto Area Project,
and setting date of public hearing for September 27, 1995. (File 418675 -Conn)
Adopted Yeas - 7 Nays - 0
26. Resolution Approving Assessment - 95 -861 - In the matter of installation of a water service
connection, as requested by the property owner, in conjunction with the Palace/
Toronto Area Project, and setting date of public hearing for September 27, 1995. (File 418675 -WTRC)
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Adopted Yeas - 7 Nays - 0
27. Resolution Approving Assessment - 95 -862 - In the matter of installation of a water service
connection, as requested by the property owner, in conjunction with the Albert/
Eleanor Area Project, and setting date of public hearing for September 27, 1995. (File 418704 -CWTR)
Adopted Yeas - 7 Nays - 0
28. Resolution Approving Assessment - 95 -863 - In the matter of street improvements on George Street
from Smith Avenue to Concord Street, and setting date of public hearing for September 27, 1995. (File
18752)
Adopted Yeas - 7 Nays - 0
29. Resolution Approving Assessment - 95 -864 - In the matter of Como /Arona Street Paving and
Lighting Project, and setting date of public hearing for September 27, 1995. (File 418768)
Adopted Yeas - 7 Nays - 0
30. Resolution Approving Assessment - 95 -865 - In the matter of improving Hoyt Avenue between
Hamline Avenue and Victoria Street, and setting date of public hearing for September 27, 1995. (File
418780)
Adopted Yeas - 7 Nays - 0
31. Resolution Approving Assessment - 95 -866 - In the matter of improving Hoyt Avenue between
Victoria Street and Avon Street, and setting date of public hearing for September 27, 1995. (File
#18780 -B)
Adopted Yeas - 7 Nays - 0
32. Resolution Approving Assessment - 95 -867 - In the matter of improving Annapolis Street between
Stickney Street and Concord Street, and setting date of public hearing for September 27, 1995. (File
418785)
Adopted Yeas - 7 Nays - 0
33. Resolution Approving Assessment - 95 -868 - In the matter of replacement of lead water service
connections, and setting date of public hearing for September 27, 1995. (File 495LDSCRPL)
Adopted Yeas - 7 Nays - 0
34. Resolution Approving Assessment - 95 -869 - In the matter of demolition of vacant buildings for
May 1995 (J9508C); collecting expenses involved for towing abandoned vehicles from properties from
January to May 1995 (J9509V); summary abatements (property clean -up) for May and June 1995
(J9509A); boardings -up of vacant buildings for April 1995 (J9509B); and boardings -up of vacant
buildings for May 1995 (J9510B), and setting date of public hearing for September 27, 1995.
Adopted Yeas - 7 Nays - 0
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FOR DISCUSSION
35. Letter from the Ramsey County Department of Taxation transmitting Applications AY93 -0698,
AY94 -2757 and AC94 -2015, Saint Paul Athletic Club, for reduction in assessed valuation. (Real Estate
Division recommends approval) (Laid over from July 26)
Laid over to August 9 Yeas 7 Nays - 0
36. Resolution - 94 -1827 - Directing the Division of Parks and Recreation to examine the necessity for
full -time permanent employees in activities that are seasonal in nature. (Referred to Finance & Budget
Committee 12/21/94; recalled and laid over from July 5; laid over July 26)
Withdrawn
37. Resolution - 94 -1832 - Directing the Administration to set standards for supervisors and the ratio of
people managed by one supervisory, by March 31, 1995. (Referred to Finance & Budget Committee
12/21/94; recalled and laid over from July 5; laid over July 26)
Adopted as amended Yeas - 7 Nays - 0
38. Resolution - 95 -870 - Approving an impound storage lot 1 _ miles outside St. Paul city limits at
1921 East 24th Street, Minneapolis.
Adopted Yeas - 6 Nays -1 (Rettman)
39. Resolution - 95 -871 - Declaring the petition and the proposed ordinance filed by the ACORN
citizens group proper in accordance with the processes of Chapter 8 of the St. Paul City Charter.
Adopted Yeas - 7 Nays - 0
ORDINANCES
40. Final Adoption - 95 -727 - An ordinance repealing Council File 95 -350, adopted May 3, 1995, an
interim ordinance with respect to drop -in centers.
Laid over to August 9 Yeas - 7 Nays - 0
41. Final Adoption - 95 -764 - Amending the Interim 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 Ordinance.
Adopted Yeas - 7 Nays - 0
42. First Reading - 95 -872 - An ordinance enacted pursuant to Section 17.17.1 of the Charter of the City
of Saint Paul and Section 409.20 of the Saint Paul Legislative Code by creating an additional
commercial development district at 249 West 7th Street between Walnut and Chestnut Streets.
Substitute introduced and laid over to August 9 for second reading
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PUBLIC HEARINGS
43. Final Adoption - 95 -471 - An ordinance amending interim ordinance C.F. No. 93 -279 pertaining to
Zoning, defining adult bookstore and adult material. (Laid over from July 19 for public hearing)
Amended and laid over to August 9 for final adoption Yeas - 7 Nays - 0
44. Third Reading - 95 -28 - An ordinance to limit the number of on -sale intoxicating liquor licenses, to
reduce the concentration of liquor licenses, and to limit new licenses outside the downtown business
district to hotels and restaurants. (Referred to City Operations Committee January 11, 1995; Committee
submits a substitute with no recommendation; substitute introduced July 26)
Laid over to August 9 for final adoption
45. Third Reading - 95 -794 - An ordinance amending various sections of the Saint Paul Legislative
Code pertaining to Zoning.
Laid over to August 9 for final adoption
46. Third Reading - 95 -795 - An ordinance pertaining to restaurants in commercial development districts
to allow the sale and service of alcoholic beverages in sidewalk cafes.
Laid over to August 9 for final adoption
47. Resolution - 95 -814 - Approving application for a Restaurant -B, On Sale Malt (Strong), Wine On
Sale, and Bed and Breakfast Residence License by River Valley Preservation, LLC, dba The Covington
Inn & No Wake Cafe, 0 Pier 1 Harriet Island. (Laid over from July 19)
Substitute introduced and adopted Yeas - 5 Nays - 0 (Guerin & Harris not present for vote)
48. Resolution - 95 -873 - Approving application for transfer of a Gambling Manager's License currently
held by Joni Smith at Erick's Bar, 949 East 7th Street (ID 491119) and Trend Bar, 1537 University
Avenue West (ID 446337), to Judy Fossland, dba Cystic Fibrosis Foundation, at the same addresses.
Adopted Yeas - 4 Nays - 0 (Blakey, Guerin & Harris not present for vote)
49. Resolution - 95 -874 - Approving application for transfer of a Gambling Manager's License currently
held by Desiree Patraw, dba Midway Training Services, Inc. at Sport Break, 1199 Rice Street; Cab's Pub
& Eatery, 992 Arcade Street; and John & Paul's, 731 Randolph Avenue, to Michael Michlitsch at the
same addresses. (ID 420675, 72880 & 63381)
Adopted Yeas - 4 Nays - 0 (Blakey, Guerin & Harris not present for vote)
50. Resolution - 95 -875 - Approving application for a Gambling Manager's License by Michael B.
Joyce, dba Tanner's Lake VFW 48217, 1795 East 7th Street. (ID 432080)
Adopted Yeas - 4 Nays - 0 (Blakey, Guerin & Harris not present for vote)
51. Resolution - 95 -876 - Approving application for a Gambling Manager's License by Lee J. Hoffman,
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dba Multiple Sclerosis Society, at Reaney's Bar, 870 Payne Avenue. (ID# 59937)
Adopted Yeas - 6 Nays - 0 (Guerin not present for vote)
52. Resolution - 95 -877 - Approving application for a State Class B Gambling Premise Permit by
Willard M. Munger, Jr. on behalf of Multiple Sclerosis Society at Reaney's Bar, 870 Payne Avenue. (ID
#B- 00562)
Adopted Yeas - 6 Nays - 0 (Guerin not present for vote)
53. Resolution - 95 -878 - Approving application for a Patio Extension License by Twin States Music
Company, dba Cab's Pub & Eatery (Kevin Anderson), 992 Arcade Street. (ID 484293)
Laid over to September 27 for public hearing Yeas - 6 Nays - 0 (Guerin not present for vote)
54. Resolution - 95 -879 - Approving application for an Auto Body Repair Garage License by Safelite
Glass Corporation, dba Safelite Auto Glass (Chris Riley), 2565 Kasota Avenue. (ID 423059)
Adopted Yeas - 6 Nays - 0 (Guerin not present for vote)
55. Final Order - 95 -880 - 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. (File 4595074 -75)
Adopted as amended (Topping Street laid over to August 23)
Yeas - 6 Nays - 0 (Guerin not present for vote)
56. Final Order - 95 -881 - 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. (File 4595076 -78)
Adopted Yeas - 6 Nays - 0 (Guerin not present for vote)
57. Final Order- 95 -882 - In the matter of sidewalk reconstruction on both sides of Arbor Street from
Jefferson Avenue to James Avenue; both sides of Armstrong Avenue from Osceola Avenue to West
Seventh Street; both sides of Duke Street from Banfil Street to St. Clair Avenue; both sides of Victoria
Street from James Avenue to Randolph Avenue; and both sides of View Street from Juno Avenue to
Armstrong Avenue. (File 4595079 - 595083)
Adopted Yeas - 6 Nays - 0 (Rettman not present for vote)
58. Amended Final Order - 95 -883 - 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 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 north side of Stillwater Avenue from North Hazel Street to North
Ruth Street; the south north side of Stillwater Avenue from North Ruth Street to Nokomis Avenue; both
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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 south side of Stillwater Avenue from Hazel Street to
North Ruth Street; and the north south side of Stillwater Avenue from North Ruth Street to Nokomis
Avenue. (File 4595084 -92 & 595099 -101)
Adopted as amended (East Fourth Street deleted; Margaret Street laid over to August 23) Yeas - 6
Nays - 0 (Rettman not present for vote)
59. Amended Final Order - 95 -884 - 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 1378 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. (File
4595093 - 595098 & 595102)
Adopted as amended (Winchell Street laid over to August 23)
Yeas - 6 Nays - 0 (Rettman not present for vote)
60. Final Order - 95 -885 - In the matter of sidewalk reconstruction at 1345 and 1347 Summit Avenue.
(File 4595103)
Adopted Yeas - 6 Nays - 0 (Rettman not present for vote)
61. Public hearing to consider the appeal of Dennis Louie to a decision of the Heritage Preservation
Commission to deny a building permit application for the installation of aluminum soffit and fascia at
586 Laurel Avenue (located in Historic Hill Heritage Preservation District).
Appeal denied Yeas - 4 Nays - 2 (Guerin, Harris)
62. Public hearing to consider the appeal of Elliot Anderson to a decision of the Heritage Preservation
Commission to deny a building permit application to re- stucco the existing structure and stucco an
addition with white, classic finish stucco at 1943 Summit Avenue (located in Summit Avenue West
Heritage Preservation District).
Appeal withdrawn by the appellant
63. Public hearing to consider the report of the Administrative Law Judge concerning adverse action
against licenses held by Sonny's Bar, Inc., dba Louie's Bar, 883 Payne Avenue.
Adopted Findings of Fact of the Administrative Law Judge; one (1) day suspension stayed. Yeas -
6 Nays - 0 (Rettman not present for vote)
Suspension Items
Resolution - 95 -886 - Recognizing the good will tour of Anthony Nobello and Carl Delosreyes to the
West Bank of Israel demonstrating the art of Chinese Kempo Karate
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Adopted Yeas - 7 Nays - 0
Resolution - 95 -887 - Supporting the fundraising efforts of the Como Zoological Society's Golf
Tournament.
Adopted Yeas- 6 Nays - 0 (Rettman not present for vote) Resolution - 95 -888 - Naming the new park
on the Mississippi River located adjacent to the lower landing (Lambert's Landing) and extending east
past Childs Road "Lower Landing Park ".
Adopted Yeas - 7 Nays - 0
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