Minutes 9-6-1995Page 1 of 6
ACTION MINUTES OF THE SAINT PAUL
CITY COUNCIL
Wednesday, September 6th, 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, Harris, Grimm, Guerin, 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 Judith Guarjardo, Ray D. Hurley, William John Lennon, David Nelson, Anna Ostrovsky,
Saint Paul Allergy and Asthma Clinic, Yulonda V. Sims and Elvera and Elmer Theisen.
Referred to the City Attorney's Office
2. Petition in Condemnation and Motion for Transfer of Title and Possession in the matter of the Port
Authority of the City of St. Paul vs. DeSota Associates Limited Partnership, the City of St. Paul, et al.
Referred to the City Attorney's Office
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3. Petition in Condemnation and Motion for Transfer of Title and Possession in the matter of the Port
Authority of the City of St. Paul vs. Shidler /West Finance Partners V, City of St. Paul, et al.
Referred to the City Attorney's Office
4. Petition in Condemnation and Motion for Transfer of Title and Possession in the matter of the Port
Authority of the City of St. Paul vs. MRT Properties, Inc., City of St. Paul, et al.
Referred to the City Attorney's Office
5. Letters from the Saint Paul Division of Public Health declaring 595 Thomas Avenue and 84 Winnipeg
Avenue as "nuisance properties ". (For notification purposes only; public hearings will be scheduled at a
later date if necessary.)
6. Letters from the Division of Public Health declaring 936 ArmB Avenue, 1061 Desota Street, 1007
Greenbrier Street, 719 Lafond Avenue, 1048 Margaret Street, and 894 Westminster Street as "nuisance
properties" and setting date of Legislative Heari ngs for September 19, 1995, and City Council Hearings
for September 27, 1995.
7. Letter from the Department of Planning and Economic Development announcing date of public
hearing before the City Council on September 13, 1995, to consider the application of Greg Ekbom
(Day By Day Cafe) to rezone property from RT -2 (residential) to B -2 (community business) to allow
expansion of an existing restaurant at 479 West 7th Street. (northwest corner of West 7th & Goodrich).
8. Letter from the Office of License, Inspections and Environmental Protection announcing date of
hearing before an Administrative Law Judge on Tuesday, September 12, 1995, 9:30 a.m., Room 41,
Lower Level, City Hall and Courthouse, 15 West Kellogg Boulev ard, to review the currency exchange
license application of Check Express, 1532 University Avenue.
9. Communications from St. Paul Animal Control dated August 21 and 28, 1995, announcing a request
from the University of Minnesota Research Lab for unclaimed dogs and cats.
10. Administrative Orders:
. D00629 Amending the 1986, 1993, and 1994 budget of the Capital Improvement Program in the
Division of Parks and Recreation to return surplus project funds to CIB Contingency and provide
added funding for underground fuel tank removal project..
. D00630 Addition of $4,077 to the contract for painting the Block 23 Parking Ramp at 477 Cedar
Street.
. D00631 Amending the 1995 budget in the Department of Public Works /Street Repair and
Cleaning Fund.
. D00632 Authorizing an in -house training session combined with the annual staff recognition
event at the Saint Paul Public Library, funded by the Minnesota Foundation, Perrie Jones Library.
. D00633 Addition of $39,999 to the contract for increasing the initial scope of work for asbestos
abatement within the former Gillette Hospital Building and to include interior /exterior lead based
paint abatement.
Noted as on file in the City Clerk's Office
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11. Resolution - 95 -1024 - Approving the appointments of Jeremy Minsberg and Clayton Robinson, Jr.,
by Mayor Coleman, to the Police - Civilian Internal Affairs Commission. (Laid over August 30 for
adoption)
Adopted Yeas - 7 Nays - 0
12. Resolution - 95 -1025 - Approving the appointments of Daniel Krivit and Timothy Perron by Mayor
Coleman, to the Saint Paul Bicycle Advisory Board. (Laid over August 30 for adoption)
Adopted Yeas - 7 Nays - 0
13. Resolution - 95 -1051 - Authorizing payment of $11,306.17 from the Tort Liability Fund, to
American Family Insurance Company in full settlement of their claim against the City of St. Paul.
Adopted Yeas - 7 Nays - 0
14. Resolution - 95 -1052- Granting the property owner of 1089 Marshall Avenue an extension of six (6)
months, from August 14, 1995 to February 14, 1996, to obtain a Certificate of Code Compliance.
Adopted Yeas - 7 Nays - 0
15. Resolution - 95 -1053 - Amending the 1995 Financing and Spending Plans of the Library Aids and
Grants Fund establishing budgets for the Library Literacy and Librarians of Color Programs.
Adopted Yeas - 7 Nays - 0
16. Resolution - 95 -1054 - Approving the addition of the following organizations to the 1995 Charitable
Gambling 10% Club: El Rio Vista Booster Club, South St. Anthony Booster Club, and St. Paul Ice
Ringette Club.
Adopted Yeas - 7 Nays - 0
17. Resolution - 95 -1055 - Removing Rice Street Athletic Club from the St. Paul Charitable Gambling
10% Club list.
Adopted Yeas - 7 Nays - 0
18. Resolution - 95 -1056 - Removing St. Paul East Athletic Association from the St. Paul Charitable
Gambling 10% Club list.
Adopted Yeas - 7 Nays - 0
19. Resolution - 95 -1057 - Finalizing City Council action taken on August 23, 1995, concerning adverse
action against licenses held by Abed Wazwaz, dba Adam's Dairy 42, 601 Dale Street.
Adopted Yeas - 7 Nays - 0
20. Resolution - 95 -1058 - Finalizing City Council action taken on August 23, 1995, concerning adverse
action against licenses held by Janice Bias, dba Pyramid Market, 600 Selby Avenue.
Adopted Yeas - 7 Nays - 0
21. Preliminary Order - 95 -1059 - In the matter of acquiring a permanent utility easement for the Davern
Outlet and Maynard /Stewart Sewer Projects, and setting date of public hearing for November 1, 1995.
(File 418688 -E3)
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
22. Letter from Ramsey County Department of Taxation transmitting Application AC95 -4460, Erie
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Street and 159 Duke Street, for reduction in assessed valuation. (Real Estate Division recommends
approval) (Laid over from August 30)
No discussion
23. Resolution - 95 -1023 - Approving adverse action against licenses held by Metro Bar & Grill, Inc.,
dba Armellia's, 1183 University Avenue West. (Uncontested) (Sale of alcoholic beverages to a minor)
(Adopted on August 23, 1995, and Reconsidered and la id over from August 30, 1995)
Resolution was signed by the Mayor on August 29 and in effect; therefore, no further action could
be taken.
24. Resolution - 95 -1050 - Approving a maximum annual tax levy for the City of St. Paul. (Laid over
August 30)
Substitute introduced and adopted Yeas - 7 Nays - 0
25. Presentation by Public Works on the demolition and construction of the Wabasha Street Bridge, such
as the proposed construction schedule cost, impact of accelerating construction and efforts to minimize
disruption to the area residents and businesses.
ORDINANCES
26. Final Adoption - 95 -727 - An ordinance repealing Ordinance 95 -350, adopted May 3, 1995, an
interim ordinance with respect to drop -in centers. (Laid over August 9)
Laid over indefinitely Yeas - 7 Nays - 0
27. Final Adoption - 95 -971 - An ordinance to permit the sale of pulltabs from a movable cart during the
conduct of bingo games.
Adopted Yeas - 6 Nays -1 (Rettman)
28. Second Reading - 95 -1043 - An ordinance designating that Hillcrest Avenue bounded by Cleveland
Avenue and Kenneth Street become a one -way street (eastbound).
Laid over to September 13 for continuation of second reading Yeas - 7 Nays - 0
29. First Reading - 95 -1060 - An ordinance amending Chapter 60 of the St. Paul Legislative Code
pertaining to adult bookstore zoning.
Laid over to September 13 for second reading
PUBLIC HEARINGS
30. Resolution - 95 -1061 - Approving application for Liquor On Sale -A, Sunday On Sale Liquor,
Restaurant -B, Entertainment -B, Hotel /Motel to 50 rooms and Hotel /Motel over 50 rooms Licenses by
IDM Properties, Inc., dba Holiday Inn St. Paul East (Dennis Gill ey), 2201 Burns Avenue. (ID 454616)
Adopted Yeas - 7 Nays - 0
31. Resolution - 95 -945 - Approving vacation of the alley between West 7th Street and Douglas Street to
provide room for expansion of the Salvation Army facility. (47 -1995) (Laid over August 9)
Withdrawn
32. Resolution Ratifying Assessment - 95 -1062 - In the matter of construction of Storm Sewer
Connections, as requested by the property owners, in conjunction with the Conway/
Germain Area Sewer Separation Project. (File 418653 -1)
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Laid over to September 20 Yeas - 7 Nays - 0
33. Resolution Ratifying Assessment - 95 -1063 - In the matter of 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 - 7 Nays - 0
34. Resolution Ratifying Assessment - 95 -1064 - In the matter of the Irvine Avenue Street Paving and
Lighting Project on Irvine Avenue from 640 ft. East of Western Avenue to Pleasant Avenue. (File
418757)
Adopted Yeas - 7 Nays - 0
35. Resolution Ratifying Assessment - 95 -1065 - In the matter of the Eustis /Desnoyer Area Storm Sewer
Separation Project. (File 418759)
Adopted Yeas - 7 Nays - 0
36. Resolution Ratifying Assessment - 95 -1066 - In the matter of the Eustis /Desnoyer Area Street
Paving and Lighting Project. (File 418760)
Adopted Yeas - 7 Nays - 0
37. Appeal of Terrance L. Luther to a Summary Abatement Order regarding property at 1777 Marshall
Avenue. (Laid over from August 23) (Legislative Hearing Officer recommends denying the appeal)
Appeal granted Yeas - 7 Nays - 0
38. Public hearing to consider the appeal of University United, Hamline- Midway Coalition, and
Snelling - Hamline Council to a decision of the Planning Commission granting a sign variance to allow a
new projecting sign for Big Wheel Rossi at 1469 University Avenue.
Appeal granted Yeas - 4 Nays - 3 (Guerin, Harris, Rettman)
39. Public hearing to consider the report of the Administrative Law Judge concerning adverse action
against licenses held by OPBM, Inc., dba Amelia's Nite Club & Eatery, 175 East 5th Street, 4140. (Sale
of alcohol to a minor)
Adopted Findings of Fact, Conclusions, and Recommendations of the Administrative Law Judge
(one day suspension and administrative hearing costs in the amount of $757.80 to be paid by
Licensee.)
Suspension Items
Resolution - 95 -1067 - Approving the 1995 -1996 Agreement between the City of Saint Paul and
AFSCME, District Council 14, Local 2508.
Laid over to September 13 for adoption Yeas - 7 Nays - 0
Resolution - 95 -1068 - Approving the 1995 -1996 Agreement between the City of Saint Paul and
AFSCME, District.
Laid over to September 13 for adoption Yeas - 7 Nays - 0
Resolution - 95 -1069 - Authorizing the Division of Parks and Recreation to sell 3.2 beer and /or wine at
the Minnesota Orchestra concert on Raspberry Island.
Adopted Yeas - 7 Nays - 0
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