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Minutes 08-31-1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, August 31, 1994 - 3:30 PM CITY COUNCIL CHAMBERS, 3RD FLOOR City Hall and Court House 15 West Kellogg Boulevard Present - 5- Councilmembers Blakey, Harris, Megard, Rettman, Thune Absent - 2- Councilmembers Grimm and Guerin (excused) CONSENT AGENDA FOR ACTION 1. Approval of minutes of August 24, 1994, Closed Door Session. Adopted Yeas - 5 Nays - 0(Councilmembers Grimm and Guerin not present for vote) 2. Claims of Beverly Block, Lonelle Crawford, Russell W. Eager, Valerie Eich (Sudberry), Roger Haase, Irene Josephine Howells, Meshbesher & Spence, Ltd., Mary L. Mitchell, Esther Molin, Progressive Insurance Company, Mary H. Stach, State Farm Insurance Company, and Heide Westby and Todd Westby. Referred to the City Attomey's Office 3. Second Amended Notice of Motion and Motion to Dismiss of Defendant State of Minnesota in the matter of Michael J. Dreyling vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 4. Notice of Intention to Take Possession, and Petition and Motion for Transfer of Title and Possession Under Minnesota Statutes, Section 117.042 in the matter of Independent School District #625 vs. the City of Saint Paul, et al. Referred to the City Attorney's Office 5. Administrative Orders: D00215 Amending the 1994 budget in the Division of Parks and Recreation to allow for payment of equipment for Parks Ground Maintenance activities. D00216 Amending the 1994 budget in the Division of Parks and Recreation to allow for continuation of normal operations for the remainder of the year. D00217 Amending the 1994 budget of the Civic Center Operating Fund to purchase equipment. D00218 Amending the 1994 budget of the Civic Center Operating Fund to purchase equipment, office supplies, and building repairs. D00219 Amending the 1994 budget in Executive Administration/Human Resources to change salaries to fees for the �rmative Action Director. D00220 Addition of $10,467 to the contr,act for Municipal Stadium Phase II Restrooms and Concessions Additions. D00221 Addition of $1,054.85 to the contract for Hillcrest Community Recreation Center Site Development - Part One. August 31, 1994 City Council Summary Minutes Page 2 D00222 Amending the 1994 budget in F�acecutive Administration/Human Resources to cover salaries of appointed positions, the director search, medicals, and office reorganization. D00223 Amending the 1994 budget in the Department of Finance and Management Services for the purchase of audio-visual equipment and fumishings for the CH-CH Conference Center. Noted as on file in the City Clerk's Office 6. Letters from the Division of Public Health declaring 565 Beaumont Street, 412 Hope Street, 485 Kenny Road, 256 Prescott Street, 833-835 Selby Avenue, and 298 Sherburne Avenue as "nuisance properties". (For notification purposes only; public hearings will be scheduled at a later date if necessary.) 7. Letter from the Department of Public Works announcing date of public hearing for September 14, 1994, to consider the request of Roy Biers to establish "One Hour Parking, � 8AM-6PM, Monday through Friday, Except by Permit, Area 10" parking zone on both sides of C�rfew Street from Franklin �venue to the dead-end approximately 500 feet south. 8. Resolution - 94-1209 - Approving the appointment of Roberta Taylor Booker, by Mayor Coleman, to the Saint Paul Human Rights Commission. (Laid over from August 24 for adoption) Adopted Yeas - 5 Nays - 0 9. Resolution - 94-1210 - Approving the reappointment of Harvey Slaughter and the appointment of John Kenefick, Nancy White, and Dow Stephen Yang, by Mayor Coleman, to the Saint Paul/Ramsey County Community Health Services Advisory Committee. (Laid over from August 24 for adoption) Adopted Yeas - 5 Nays - 0 10. Resolution - 94-1198 - Approving renewal of On Sale Wine, On Sale Malt (Strong Beer), and Restaurant-B License by Table of Contents Inc., 1648 Grand Avenue. (ID #61754) (Laid over from August 24 for adoption) Adopted Yeas - 5 Nays - 0 11. Resolution - 94-1199 - Approving renewal of On Sale Wine, On Sa1e Malt (Strong Beer), and Restaurant-B License by Miyoko Omor, dba Sakura Restaurant & Fish Market, 175 East Sth Street. (ID #34536) (Laid over from August 24 for adoption) Adopted Yeas - 5 Nays - 0 12. Resolution - 94-12� - Approving renewal of On Sale Liquor-C, Sunday On Sale Liquor, Gambling Location-C, Entertainment-III, and Restaurant-B License by Turf Club, Inc., dba Turf Club, 1601 W. University Avenue. (ID # 16199) (Laid over from August 24 for adoption) Adopted Yeas - 5 Nays - 0 August 31, 1994 City Council Summary Minutes Page 3 13. Resolution - 94-1201 - Approving renewal of On Sa1e Liquor Club-C, Sunday On Sa1e Liquor, and Restaurant-B License by American Legion North End Post #474, dba American Legion North End Post #474, 72 West Ivy Avenue. (ID #44192) (Laid over from August 24 for adoption) Adopted Yeas - 5 Nays - 0 14. Resolution - 94-1203 - Approving renewal of various On Sa1e Liquor and Supporting Licenses by: Champp's, 2431 7th Street West; Dixie's Bar & Smokehouse Grill/Saji-Ya, 695 Grand Avenue; Rudolph's Bar-B-Que, 366 Jackson Street, #402; Rudy's Tin C�p, 1220 Rice Street. (ID #12252-23211) (Laid over from August 24 for adoption) Adopted Yeas - 5 Nays - 0 15. Resolution - 94-1204 - Approving renewal of various On Sale Liquor and Supporting Licenses by Fabulous Fem's, 400 Selby Avenue; and Billy's On Grand, 857 Grand Avenue (ID #14864-18526) (Laid over from August 24 for adoption) Adopted Yeas - 5 Nays - 0 16. Resolution - 94-1205 - Approving renewal of various On Sale Wine and Supporting Licenses by Faricy's in the Village, 2012 Ford Parkway; and Mama's Pizza, 961 Rice Street. (ID #72121-80028) (Laid over from August 24 for adoption) Adopted Yeas - 5 Nays - 0 17. Resolution - 94-1206 - A�proving renewal of various On Sale Liquor and Supporting Licenses by Parrish's, 2176 7th Street West; Rockin' East Side, 893/99 Payne Avenue; Narducci's Lounge, 1045 Hudson Road; Starting Gate, 2516 7th Street West; Kelly's Pub, 741 Edmund Avenue; and Green Mill Inn, 57 Hamline Avenue South. (ID # 16157-97728) (Laid over from August 24 for adoption) Adopted Yeas - 5 Nays - 0 18. Resolution - 94-1207 - Approving renewal of va.rious Off Sale Liquor and Supporting Licenses by Snelling Avenue Fine Wines, 500 Snelling Avenue North; and Shamrock Plaza Liquors, 289 McKnight Road South. (ID #23159-29644) (Laid over from August 24 for adoption) Adopted Yeas - 5 Nays - 0 19. Resolution - 94-1208 - Approving renewal of various Class III Licenses held by: Payne Avenue Auto Sales, 926 Payne Avenue; M&J Auto, 461 Wilder Street North; Hilda Sandberg Trust Estate, 244 9th Street East; Hilda Sandberg Trust Estate, 260 9th Street East; Jupiter Lot, 390 9th Street East; Raymond Auto Body Inc., 1075 Pierce Butler Road; Bethesda Lutheran Hospital, 60 Charles Avenue; Apex Auto Supply, 198 Minnehaha Avenue East; Metric Auto Works, 511 Smith Avenue South; Tom's Certified Repair, 80 Cottage Avenue West; Jerry's Mobil Service, 459 Robert Street South; " T"..�� D�-'� T�� , , Warner Sa1es, 1245 White Bear Avenue North; Ran Ham Bowling Lanes, 490� Hamline Avenue South. (ID #13071-84499) (Amended and laid over from August 24 for adoption) Adopted Yeas - 5 Nays - 0 August 31, 1994 City Council Summary Minutes Page 4 20. Resolution - 94-1262 - Approving renewal of Second Hand Dealer-MV, Second Hand Dealer-MV Parts, and Motor Vehicle Salvage Dealer License by A-J Auto Parts, Inc., dba A-J Auto Parts, Inc., 106 East Arlington Avenue. (ID #70708) (Laid over from August 24 for adoption) Adopted Yeas - 5 Nays - 0 21. Resolution - 94-1264 - Approving renewal of Off Sa1e Liquor License by The Mao Family Corp,, dba Wolter Brothers Pharmacy & Liquor, 438 West University Avenue. (ID #58841) (To be laid over one week for adoption) Laid over to September 14 22. Resolution - 94-1265 - Approving renewal of various On Sa1e Liquor and Supporting Licenses by: Spanky's Bar & Grill, 825 Jefferson Avenue; Hat Trick Sports Bar, 719 Dale Street North; Benjamin's Restaurant & Lounge, 111 Kellogg Boulevard East; Heartthrob Cafe, 30 8th Street East, #200; Plums Neighborhood Bar & Grill, 480 Snelling Avenue South; Chez' Joey's Nightclub, 175 Sth Street East; and Grand Tavern, 656 Grand Avenue. (ID #22046-94203) (To be laid over one week for adoption) Laid over to September 7 23. Resolution - 94-1266 - Approving renewal of various Class III and Supporting Licenses by: Johnson Parking, 279 Kellogg Boulevard East; Miller & Holmes, Inc., 501 Lafayette Road; Firestone, 1695 University Avenue West; Arvid E. Taube, 905 Payne Avenue; Unilease Inc., 545 University Avenue West; Tuan Auto Repair, 1459 University Avenue West; Tires Plus, 391 Maryland Avenue East; U S Swim & Fitness, 1166 University Avenue West; Trade Lake Camp/Nickels Sports Bar, 501 Blair Avenue; Payne-Arcade Area Business Association/ Peppercorn's, 1178 Arcade Street; and E-Z Recycling, Inc., 875 Prior Avenue North. (ID # 17473-99418) (To be laid over one week for adoption) Laid over to September 7 24. Resolution 94-1267 - Approving renewal of various Class III Licenses by: Capital City Auto Electric Company, 690 University Avenue West; Municipal Ramp #1, 13 Exchange Street West; Saturn Lot, 520 Willius Street; Mercury Lot, 510 Willius Street; American Auto Radiator, 680 University Avenue West; Suburban Chrysler-Plymouth Inc., 1891 Suburban Avenue; Twin City Auto & IVlilitary Parts Company, Inc., 839 Edgerton Street; Parkway Auto Body, 1906 Stillwater Avenue; Arcade Service, 1200 Arcade Street; SuperAmerica #4030, 1625 Rice Street; Twins Motor Inn, 1975 University Avenue West; John's Auto Service, 1328 Point Douglas Road South; Highway Motel, 2152 7th Street West; Denio Auto Clinic, 620 Rice Street; Coach Masters Collision, 204 Bates Avenue; Coates Trailer Sales, 509 Como Avenue; Tanners L,ake VFW Post #8217, 1795 7th Street East; Sinclair Retail #22053, 1314 White Beaz Avenue North; To Chau Vietnamese Restaurant, 823 University Avenue West; Butch's C�stom M C, 585 University Avenue West; The World Theater, 10 Exchange Street East; Minnesota Amateur Rugby Foundation/Coach's, 1192 Dale Street North. (ID # 16269 - 94766) (To be laid over one week for adoption) Laid over to September 7 August 31, 1994 City Council Summary Minutes Page 5 25. Preliminary Order - 94-1268 - In the matter of the operation of the Above Standard Street Lighting System for the Selby-Westem Area for the months of January through December 1995, and setting date of public hearing for October 12, 1994. (File # 18336) Adopted Yeas - 5 Nays - 0 26. Preliminary Order - 94-1269 - In the matter of the operation of the Above Standard Street Lighting System for the Grand-East I Area for the months of January through December 1995, and setting date of public hearing for October 12, 1994. (File # 18392) Adopted Yeas - 5 Nays - 0 27. Preliminary Order - 94-1270 - In the matter of the operation of the Above Standard Street Lighting System for the Grand-East II Area for the months of January through December 1995, and setting date of public hearing for October 12, 1994. (File #18425) Adopted Yeas - 5 Nays - 0 28. Preliminary Order - 94-1271 - In the matter of the operation of the Above Standard Street Lighting System for the Selby Avenue Revitalization Project No. 1 for the months of January through December 1995, and setting date of public hearing for October 12, 1994. (File # 18525) Adopted Yeas - 5 Nays - 0 29. Preliminary Order - 94-1272 - In the matter of the operation of the Above Standard Street Lighting System for the Selby Avenue Revitalization Project No. 2 for the months of January through December 1995, and setting date of public hearing for October 12, 1994. (File # 18588) Adopted Yeas - 5 Nays - 0 30. Preliminary Order - 94-1273 - In the matter of the operation of the Above Standard Street Lighting System for the University/Westem/Mackubin Area for the months of January through December 1995, and setting date of public hearing for October 12, 1994. (File # 18612) Adopted Yeas - S Nays - 0 31. Preliminary Order - 94-1274 - In the matter of constructing the Howell/Montreal Area Storm Sewer Separation Project bounded on the north by Hillcrest Avenue, on the east by Fairview Avenue and Edgcumbe Road, on the south by Dorothea Avenue, and on the west by Cleveland Avenue and Retum Court, and setting date of public hearing for November 16, 1994. (File #18753) Adopted Yeas - 5 Nays - 0 32. Preliminary Order - 94-1275 - In the matter improving various streets with a new bituminous surfaced roadway, concrete curb and gutters, concrete driveway aprons and concrete outwalks; boulevards will be sodded and lantem style street lighting will be installed in conjunction with the Howell/Montreal Street Paving and Lighting Project, and setting date of public hearing for November 16, 1994. (File # 18754) Adopted Yeas - 5 Nays - 0 August 31, 1994 City Council Summary Minutes Page 6 33. Preliminary Order - 94-1276 - In the matter of constructing sanitary sewer, storm sewer and/or water service connections, if requested by the property owner, in conjunction with the Howell/Montreal Area Storm Sewer and Street Paving and Lighting Project, and setting date of public hearing for November 16, 1994. (File # 18755) Adopted Yeas - 5 Nays - 0 34. Resolution - 94-1277 - Setting date of public hearing for ratification of 1994 Street/Alley Maintenance Service Charge to be assessed against benefitted property. Adopted Yeas - 5 Nays - 0 35. Resolution - 94-1278 - Ratifying 1994 Street/Alley Maintenance Service Charge. Laid over to October 12 Roll Call Yeas - 5 Nays - 0 36. Resolution - 94-1279 - Setting date of public hearing for proposal of 1995 Street/Alley Maintenance Service Charge to be assessed against bene�tted property. Adopted Yeas - 5 Nays - 0 37. Resolution - 94-1280 - Authorizing street maintenance for 1995 at basically the same level as 1994. Laid over to November 16 Roll Call Yeas - 5 Nays- 0 38. Resolution - 94-1281 - Amending Civil Service Rule 34, UNCLASSIFIED POSITIONS, by changing the name of the Public Health Division Manager to Public Health Director and updating the minimum qualifications for same. Adopted in error. Must be laid over to September 7. (Changes to Civil Service Rules need two readings.) Laid over to September 7 39. Resolution - 94-1282 - Requesting that Saint Paul Municipal Stadium be renamed Saint Paul Midway Stadium. Adopted Yeas - 5 Nays - 0 FOR DISCUSSION 40. Resolution - 94-1283 - Approving an agreement between Talmud Torah and the City of Saint Paul regarding the future use of the Edgcumbe School property. Laid over to September 14 Roll Call Yeas - 5 Nays • 0 Tim Marx, City Attorney, responded to a question by Council President Thune indicating that in order to start the September 7 City Council meeting at 2:30 p.m. in respect for the Jewish holiday, the starting time needed to be indicated on the agenda and sent to the media. August 31, 1994 City Council Summary Minutes Page 7 Councilmember Blakey moved to lay over items 40 and 58 to September 14 and start the September 7 City Council meeting at 2:30 p.m. Roll Call Yeas - 5 Nays 0 ORDINANCES 41. Final Adoption - 94-1065 - An ordinance establishing City residency as a condition of employment for a11 City employees hired on an original entry basis after the effective date of this ordinance. (Originated in City Operations Committee; Committee recommends apprnval) (Substitute ordinance submitted to Council on July 27; substitute ordinance submitted to Council on August 17 and laid over for continuation of public hearing; substitute submitted and laid over August 24) Laid Over to September 7 Roll Call Yeas - 5 Nays - 0 Councilmember Thune stated that all items not handled individually at this meeting would be laid over. 42. Second Reading - 94-1237 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code pertaining to zoning for the City of Saint Paul and the zoning maps thereof; amending ordinance C.F. 94-931, adopted July 20, 1994. Laid over to September 7 for Third Reading/Public Hearing 43. Second Reading - 94-1238 - An ordinance amending Council File 93-471 an interim firearms license moratorium ordinance to conform to the Council's previously expressed intent. Laid over to September 7 for Third Reading/Public Hearing PUBLIC HEARINGS 44. Third Reading - 94-1184 - An ordinance amending Chapter 28 of the Saint Paul Legislative Code entitled "Campaign Contributions" by adopting the contribution limitations established by State Statute. Laid over to September 7 for Third Reading/Public Hearing 45. Third Reading- 94-1033 - An ordinance authorizing restaurants in the downtown business district to allow the sale and service of alcoholic beverages in sidewalk cafes. (City Operations Committee recommends approval) Laid over to September 7 for Third Reading/Public Hearing 46. Resolution - 94-1260 - Ordering the owner(s) to remove or repair building at 718 Maryland Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing Of�ice recommends allowing the new owner,ltim Bonniwell, 180 days to complete the rehabilitation of this building contingent on the posting of apprnpriate bonds prior to the August 24 Council meeting.) (Laid over from August 24) Laid over to September 7 August 31, 1994 City Council Summary Minutes Page 8 47. Final Order - 94-1115 - In the matter of sidewalk reconstruction on both sides of North Robert Street from University Avenue to Capitol Heights and both sides of Capitol Heights from Charles Avenue to vacated Capitol Heights. (File #S9490) (Laid over from August 24) Laid over to September 7 48. Resolution - 94-1284 - Approving application for a new State Class B Gambling Premise Permit by Neighborhood House Association at Schwietz's Bar, 956 Payne Avenue. (ID #B- 02537) No one appeared in opposition. Councilmember Rettman moved approval. Adopted Yeas - 5 Nays - 0 49. Resolution - 94-1285 - Approving application for a new Gambling Manager's License by Linda M. Pederson, dba Neighborhood House Association, at Schwietz's Bar, 956 Payne Avenue. (ID #91295) No one appeared in opposition. Councilmember Rettman moved approval. Adopted Yeas - 5 Nays - 0 Councilmember Harris moved to lay over the balance of the agenda over as indicated. Roll Call Yeas - 5 Nays - 0 50. Resolution - 94-1286 - Approving application for the transfer of a Wine On Sa1e, Malt On Sa1e (Strong Beer) and Restaurant (B) License currently issued to Sissini Enterprises Inc., dba Carmelo's, 238 Snelling Avenue South, to DSB Enterprises, dba Carmelo's (Darin Scott Ball, owner) at the same address. (ID #65817) Laid over to September 7 51. Resolution - 94-1287 - Approving application for a Liquor On Sale (C), Liquor On Sale- Sunday, Restaurant (C), and Gambling Location-Class C License by Greenwood Inc., dba Badger Lounge, 738 University Avenue West. (ID #85253) Laid over to September 14 52. Preliminary Order - 94-1288 - In the matter of sidewalk reconstruction on the east side of Nelson Street from Upper Afton Road to Larry Ho Drive at 42 Nelson Street. (File #594102) Laid over to September 7 53. Final Order - 94-1289 - In the matter of construction of a surface parking lot for approlcimately 12 to 13 parking spaces on a lot with a vacant house to be acquired and demolished at 811 Case Avenue under the Places to Park Program. (File #18743) Laid over to September 7 54. Fina1 Order - 94-1290 - In the matter of operating costs for the publicly owned parking lot at 811 Case Avenue for utilities, insurance, snow removal, general maintenance and repairs from November 1, 1994 to December 31, 1995. (File #18744) Laid over to September 7 August 31, 1994 City Council Summary Minutes Page 9 55. Final Order - 94-1291 - In the matter of improving an elcisting parking lot, with HRA leasehold improvement, owned by the Immaculate Heart of Mary Parish (Grand Avenue and Snelling Avenue) to provide approximately 54 parking spaces for commercial use under the Places to Park Program (File #18745) Laid over to September 7 56. Final Order - 94-1292 - In the matter of operating costs for the parking lot with an HRA leasehold at Immaculate Heart of Mary Parish from November 1, 1994 to December 31, 1995. (File # 18746) Laid over to September 7 57. Resolution - 94-1293 - Authorizing the vacation of part of Lasalle Avenue between University Avenue and Charles Avenue. Laid over to September 7 58. Public hearing to consider the appeal of Judith A. O'Donnell to a decision of the Planning Commission approving a site plan by Talmud Torah for the purpose of constructing a proposed expansion of the existing Edgcumbe School site at 1287 Ford Parkway. Laid over to September 14 59. Resolution - 94-1032 - Approving the process for alloca.tion of the half-cent sales tax proceeds for the Neighborhood Sales TaJC Revitalization Program. (Originated in Finance and Budget Committee; referred to Council without recommendation) (Laid over from August 17) Laid over to September 14 60. Resolution - 94-1127 - Establishing the Neighborhood Sales Ta�c Revitalization Program. (side-by side resolution to C.F. 94-1032) (Laid over from August 17) Laid over to September 14 THE FOLLOWING TTEM WAS READ INTO THE RECORD: 61. Public Hea.ring to consider the request of Health One Corporation for a combination preliminary and final plat review for 333 Smith Avenue, North. Laid over to September 7 A moment of silence was observed out of respect for Of�cer Timothy Jones and Of�cer Ronald Ryan, Jr., the Saint Paul Police Department, and the City of Saint Paul. August 31, 1994 City Council Summary Minutes Page 10 Councilmember Rettman moved to adjourn the meeting. ADJ E T 3:48 P.M. David , ouncil President ATTEST: Minutes approved by Council � Nancy Ande on C� �_� Co .\� �l L1 Assistant Council Secretary /cc