Minutes 07-13-1993 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Tuesday, July 13, 1993
9:00 A.M. Council Chambers
Third Floor City Hall and Court House
Saint Paui, Minnesota
The meeting was catled to order by Presiderrt Wilson at 9:05 A.M.
Present - 4- Councilmembers Guerin, Maccabee, Rettman, �Ison
Absent - 3- Councilmembers Grimm (arrived before Consent Agenda vote), Long
(arrived before Conserrt Agenda vote), Thune (arrived later in meeting)
Councilmember Maccabee moved approval of the Consent Agenda.
Adopted 6-0
CONSENT AGENDA
FOR ACTION
1. Letter from the Division of Public Health declaring the fotlowing properties to be 'Nuisance
Buiidings': 704 Case Avenue, 985 Edgerton Avenue, 729 Hague Avenue, 423 E. Jessamine
Avenue and 725 Stryker Avenue. (For not'�fication purposes only - Public Hearings will be
scheduled at a later date, ff necessary)
2. Resolution - 93-964 - approving action of the Properry Code Enforcement Board of Appeats
dated June 10, 1993 for properties at: 2300 Myrtle Avenue, Jack McCann Appellant; 801-
807 Charies Avenue, wlliam Wilcox Appellant and 1491 Sherburne Avenue, Scott Boston
Appellant.
Adopted Yeas - 6 Nays - 0
3. Resolution - 93-935 - approving an application for renewal of a Class III Gambling Premise
Permit by Tanners Lake VFW Post 8217 at 1795 E. 7th Street. �aid over from July 6th for
adoption)
Adopted Yeas - 6 Nays - 0
4. Resolution - 93-936 - approving application for renewal of various On Sale Uquor and
Supporting Licenses by: Steve's Bar, Dixie's Bar & Smokehouse Grill/Saji-Ya, O. J.'s
Lowertown Bar & Grill and J.R. Mac's. (laid over from July 6th for adoption}
Adopted Yeas - 6 Nays - 0
5. Resolution - 93-937 - approval of an application for renewal of an On Sale Wine and On
Sale 3.2 Malt License by the Padelford Packet Boat Co. Inc., dba Shantyboat Restaurant
& Patio Barge at Harriet Island. (laid over from July 6th for adoption)
Adopted Yeas - 6 Nays - 0
394
July 13, 1993
6. Preliminary Order - 93-965 - In the Matter of sidewalk reconstruction on both sides of Carroll
Avenue from N. Avon to Fisk and setting date of Public Hearing for August 24, 1993.
Adopted Yeas - 6 Nays - 0
7. Preliminary Order - 93-966 - In the Matter of sidewalk reconstruction on the north side of
Aurora Avenue at 705 Aurora only and setting date of Public Hearing for August 24, 1993
Adopted Yeas - 6 Nays - 0
8. Preliminary Order - 93-967 - In the Matter of condemning and taking of a permanent
easement for street purposes and also the condemnation and taking of a slope easement
for the reconstruction of Dale Street from St. Anthony Avenue to Central and setting the
date of Public Hearing for August 17, 1993.
Adopted Yeas - 6 Nays - 0
**************************************************************************
COMMITTEE REPORT:
9. Resolution - 93-968 - requesting Administration to develop sale price incentives for street
property vacations being requested for business developments. (Finance Committee
recommends approval - originated in Committee)
Councilmember Rettman reviewed the resolution.
Councilmember Maccabee added the words 'increase property values and benefit to the
surrounding community'.
After further discussion, Councilmember Rettman moved approval as amended.
Adopted Yeas - 6 Nays - 0
PUBLIC HEARINGS:
10. Resolution Ratifying and Confirming Condemnation - 93-943 - In the Matter of condemning
and taking permanent easement for utility purposes in conjunction with the I-35E/University
Area Sewer Separation Project. (Amended and laid over from July 6th)
Councilmember Rettman moved approval as amended.
Adopted Yeas - 6 Nays - 0
Councilmember Thune arrived at this point in the meeting.
11. Final Order - 93-910 - In the Matter of sidewalk reconstruction on both sides of Scheffer
Avenue from S. Milton to W. 7th Street. (Laid over from June 29th)
Tom Keefe, Public Works Department, reviewed the staff report.
George Huber, 884 Scheffer said there is a tree on the boulevard that needs to be removed
before the sidewalk is replaced. He showed photographs of the tree to Councilmembers.
Ronald Lotr, 887 Scheffer said the tree is dangerous and if the roots are cut, the tree will
fall on the neighboring properties.
(Continued on following page)
395
Jufy 13, 1993
(Continued from previous page)
Councilmember Thune agreed that the pictures showed the tree was crowding the sidewalk
and asked Mr. Keefe if the matter could be laid over one week for the Forestry Department
to take another look at the tree.
Rot1 Calt Yeas - 7 Nays - 0
Laid over until Jufy 20th.
Councilmember Thune left and returned later in the meeting.
12. Resolution - 93-912 - In the Matter of sidewatk reconstruction on both sides of Clear Avenue
from N. Ruth to unimproved N. wnthrop. (Laid over from June 29th)
Tom Keefe, Public Works Department said he met with the neighbors and they agreed on
a compromise as to what work would be done to replace the sidewalks in the area.
Councilmember Grimm thanked Mr. Keefe for his efforts in reaching a compromise with the
neighbors and moved approval.
Adopted Yeas - 6 Nays - 0
13. Resolution Ratiiying Assessmerrt - 93-684 - In the Matter of boardings-up of vacarrt buildings
for February, 1993; demolition of vacant buildings for March, April and May 1993; collection
of administrative charges incurred by Health Department notiiying property owner to repair
or demolish buildings; boardings-up of vacant buildings for March and April 1993; and
Summary Abatements (property clean-up, snow removal and/or sanding watks) from
February to May 1993.
No one appeared in opposition.
Councilmember Guerin moved approval of the resolution with deletion of the assessment
�- for 772 Bush Street ($366.55) and laying over 1571 E. Maryland in the Neighborhood
Services Committee until July 21 st.
Adopted Yeas - 6 Nays - 0
14. Final Order - 93-969 - In the Matter of sidewalk reconstruction on both sides of Tilsen
Avenue from Nokomis to N. McKnight and the west side of N. McKnight Road from
Nokomis to Tilsen.
No one appeared in opposition.
Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 0
15. Final Order - 93-970 - In the Matter of sidewalk reconstruction on both sides of York Avenue
from Edgerton to Payne.
No one appeared in opposition.
Councilmember Grimm moved approval.
Adopted Yeas - 6 Nays -0
Reconsidered after item # 19 by Councilmember Grimm and laid over until July 27th.
Councilmember Thune arrived at this poirrt in the meeting.
396
July 13, 1993
16. Final Order - 93-971 - In the Matter of sidewalk reconstruction on both sides of N. Albert
Street from Wynne to Como.
No one appeared in opposition.
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
17. Final Order - 93-972 - In the Matter of sidewalk reconstruction on both sides of Arona Street
from Midway Parkway to Frankson.
No one appeared in opposition.
Councilmember Guerin moved approval.
Adopted Yeas - 7 Nays - 0
18. Final Order - 93-973 - In the Matter of sidewalk reconstruction on both sides of Breda
Avenue from N. Hamline to N. Snelling.
No one appeared in opposition.
Councilmember Guerin moved approval.
Adopted Yeas - 7 Nays - 0
19. Final Order - 93-974 - In the Matter of sidewalk reconstruction on both sides of Canfield
Avenue from Arona to N. Snelling and the south side of Midway Parkway from Arona to N.
Snelling.
No one appeared in opposition.
Councitmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
Councilmember Grimm moved to recall item # 15 for reconsideration.
Adopted Yeas - 7 Nays - 0
15. Final Order - 93-970 - In the Matter of sidewalk reconstruction on both sides of York Avenue
from Edgerton to Payne.
Councilmember Grimm said there is going to be some other construction on the block
within the next year and requested a two week lay over of the item so that the Community
Council can review the necessity of sidewalk reconstruction on this block at this time.
Roll Call Yeas - 7 Nays - 0
Laid over until July 27th.
20. Final Order - 93-975 - In the Matter of sidewalk reconstruction on the west side of N.
Hamline Avenue from Wynne to Como.
No one appeared in opposition.
Councilmember Maccabee moved approval.
Adopted Yeas - 7 Nays - 0
397
July 13, 1993
21. Fnal Order - 93-976 - In the Matter of sidewalk reconstruction on both sides of N. Pascal
Street from Summit to Portland and the south side of Portland Avenue from N. Pascal to
approximately 273' west of N. Pascai.
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
22. Final Order - 93-977 - In the Matter of sidewalk reconstruction on both sides of N. Pascal
Street from Wynne to Como.
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
23. �nat Order - 93-978 - In the Matter of sidewalk reconstruction on both sides of Princeton
Avenue from S. Prior to Kenneth.
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
24. Fnal Order - 93-979 - In the Matter of sidewalk reconstruction on both sides of Sheldon
Street from Frankson to W. Arlington.
No on appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
25. Final Order - 93-980 - In the Matter of sidewalk reconstruction on both sides of Shields
Avenue from N. Roy to Fry.
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
26. Final Order - 93-981 - In the Matter of sidewalk reconstruction on the north side of Wynne
Avenue from N. Hamtine to N. Albert.
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
27. Final Order - 93-982 - In the Matter of sidewalk reconstruction on the north side of Wynne
Avenue from N. Pascal to N. Snelling Service Road. (Public Works Committee recommends
approval)
No one appeared in opposition.
Councilmember Maccabee moved approval.
Adopted Yeas - 7 Nays - 0
398
July 13, 1993
28. Resolution - 93-946 - approving an application for a General Repair Garage Ucense by
Christopher P. Walker dba Certified Auto at 977 Front Avenue. (Laid over from July 6th)
Recalled and adopted July 8th.
29. Resolution - 93-983 - approving an application for Strong Beer (Menu item only) by MRS
Catering Inc. dba Grand Cafe at 1659 Grand Avenue.
No one appeared in opposition.
Councilmember Long moved approval.
Adopted Yeas - 7 Nays - 0
30. Resolution - 93-704 - approving the vacation of York Avenue from Agate Street to a point
approximately 165' east and also a 16' easement along the east side of Block 4, Ed Rices
3rd Addition, bounded by Agate, Sims, Cayuga and the Soo Une Railroad. (Laid over from
July 6th)
No one appeared in opposition.
Councilmember Rettman moved approval of the substitute resolution.
Adopted Yeas - 7 Nays - 0
31. Report of an Administrative Law Judge Report including Findings of Fact, Conclusions and
Recommendations in the matter of possible adverse hearing involving all licenses held by
Ray Restaurant, Inc., dba Razzberry's, 287 N. Ruth Street.
Phil Byrne, Assistant City Attorney, reviewed the staff report and said the restaurant has
worked out a repayment plan with the State of Minnesota for taxes due on the restaurant
license but not the wine and beer license. Mr. Byrne said the staff recommendation was
to adopt the report of the Administrative Law Judge and deny the wine and beer license.
Councilmember Guerin said if the liquor license is not granted there will be no money to pay
any taxes.
Councilmember Maccabee said the Council should grant the restaurant license and that the
applicant be willing to withdraw the liquor license application.
After further discussion, it was agreed among Councilmembers to approve the restaurant
license and lay over the wine and beer license until August 10th.
Roll Call Yeas - 7 Nays - 0
Laid over until August 10th.
Councilmember Rettman moved to suspend the rules to recall the following from the
Finance Committee.
Adopted Yeas - 7 Nays - 0
Resolution - 93-922 - amending the 1993 Budget by transferring the financing and spending
plans of UEP to implement an effective gambling compliance audit and review function in
conjunction with Charitable Gambling.
Councilmember Rettman moved to amend the figures to $16,640 and moved adoption.
Adopted Yeas - 7 Nays - 0
399
July 13, 1993
Councilmember Grimm moved to suspend the rules to introduce the following resolution.
Adopted Yeas - 7 Nays - 0
Resolution - 93-1012 - approving an application for renewal of a State Class A Gambling
Premise Permit by Church of Blessed Sacrament at ideal Hali, 1494 N. Dale Street.
Councilmember Grimm moved approvat.
Adopted Yeas - 7 Nays - 0
Councilmember Thune moved to suspend the rules to introduce the following resolution.
Adopted Yeas - 7 Nays - 0
Resolution - 93-1013 - approving an application for renewal of a State Class B Gambling
Premise Permit by Phoenix Learning Services at �Ilard's, 738 Thomas Avenue.
Councilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
Councilmember Grimm moved to adjourn the meeting.
Adopted Yeas - 7 Nays - 0
ADJOURNED AT 9:50 A.M.
ATTEST:
Coun resident, William Wilson
��'�� ��''� Minutes a roved b Council
PP Y
Assistarrt City Clerk, Frances Swanson
FS:dmb
400