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Minutes 04-20-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL Tuesday, April 20, 1993 9:00 A.M. Council Chambers Third Floor City Hall and Court House Saint Paul, Minnesota The meeting was called to order by President �Ison at 9:05 A.M. Present - 4- Councilmembers Grimm, Guerin, Rettman, Wilson � Absent - 3- Councilmembers Maccabee, Long, (arrived later in meeting), Thune (arrived during discussion of the Consent Agenda) Councilmember Rettman amended item # 12 to include the Como Golf Course Clubhouse and item # 15 to amend Lentsch's to include /North End Improvement Club/New Wine Church and moved approval of Consent Agenda as amended. Adopted Yeas - 5 Nays - 0 CONSENT AGENDA FOR ACTION 1. j Approval of City Council Minutes and Board of Health for March 18th meeting. Adopted Yeas - 5 Nays - 0 2. Claims of Scott Casseday, Eric Lowell Anderson, Clairann M. Hoffman, Eugine Mambo Ndikym, Timothy Patterson, Phalen Center Company, Cary Tyrone Rembert, Edward H. Tambornino, and Vaughn Taylor. Referred to City Attorney's Office. 3. Notice of Motion and Motion of Default Judgment in the Matter of City & County Employees Credit Union vs City of Saint Paul et al. Referred to City attorney's Office. 4. Petition for Writ of Cetiorari In the Matter of Ernest Purfeerst vs the City of Saint Paul et al. Referred to City Attorney's Office. 5. Notice of Appeal In the Matter of the State of Minnesota vs Sandco International Inc. et al. Referred to City Attorney's Office. 6. Administrative orders D-12388 through D-12391 noted as on file in the City Clerk's Office. 7. Letter of the Valuation Engineer recommending a date of Public Hearing of May 25, 1993 in the petition of Joel S. Tilsner for the vacation of part of York Avenue lying east of Agate Street and also a 16' sewer easement along the east side of Block 4, Edmund Rice's Third Addition. 210 April 20, 1993 8. '� Resolution - 93-476 - approving the appointments of Lorrie Louder, Bob Hand, Louise Teague and Monty Martin to the Private industry Council (PIC). (To be laid over one week for adoption) Laid over until April 27th for adoption. 9. " Resolution - 93-452 - approving a three year contract between the City and the Bricklayers '° & Allied Craftsmen, Local Union #1 of Minnesota. (Laid over from April 13th for adoption) Adopted Yeas - 5 Nays - 0 10. Resolution - 93-477 - approving a three year contract between the City and the International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers, Lodge # 647. (To be laid over one week for adoption) Laid over until April 27th for adoption. 11. Resolution - 93-478 - approving a three year contract between the City and the Operative Plasterers and Cement Masons International Association Local # 20. (laid over one week � from April 13th for adoption) Adopted Yeas - 5 Nays - 0 12. Resolution -93-426 - approving renewal of various Class 111 Licenses for: Minni Market, Brooks Superettes # 16, Finaserve Inc. Healing Touch Christian Ministries, Inc., Municipal Stadium, Highland 9 Hole Golf Course, Allright Parking, Holiday # 5, Holiday # 31, Holiday's, Holiday Station Store # 43, Capital Market, Clark Station, Jackson Ramp, Clark - Oil & Refining Corp., Allright Parking Mn. Inc., Target, Jerry's New Market, Mounds Park ° Quick Stop, Target Store #T68, MarkelPs North Star, Downtowner Car Wash, Holiday Station Store #�4, Phillip's 66, Clark Oil & Refining Corp, Special Interest Autos, Smith ° Avenue E-Z Stop, Allright Parking MN, Inc. (4 applications), Amoco Food Shop, Minni Market # 3, Midway Hyundai, Inc., Allright Parking Mn Inc., Junior Achievement Ramp, Epilepsy Foundation of MN/Narducci's, Farmers Market, Give Inc/ Ryan's, Allright Parking -- MN inc., Kamp's, Allright Parking Inc. (3 applications), Phalen Park Golf Course, Sinclair Retail #22046, Keefe Co, Marshall/Cretin Standard, Don Burns Amoco, Highland 18 Hole Golf Course, Como Park Golf Course Clubhouse, Gala Foods, Allright Parking, Finaserve Inc., Allright Parking Minnesota Inc., Sinclair Retail #22053 and ACA Management #351. (laid over from April 13th for adoption) Adopted Yeas - 5 Nays - 0 • 13. Resolution - 93-427 - approving an application for renewal of an On Sale Liquor-C, Restaurant-B, Sunday On Sale Liquor, and Gambling Location - C by 738 University Avenue Inc., dba Badger Lounge at 738 W. University Avenue. (laid over from April 13th for adoption) Adopted Yeas - 5 Nays - 0 211 April 20, 1993 14. Resolution - 93-428 - approving an application for renewal of an On Sale Liquor Club-B, Sunday On Sale Liquor, and Restaurant-B License by Attucks Brooks Post 606 at 976 Concordia Avenue. (laid over from April 13th for adoption) Adopted Yeas - 5 Nays - 0 15. Resolution - 93-429 - approving renewal of various On Sale Liquor and Supporting Licenses � by: Alary's Bar, Sundance Lanes, Ron's Bar, Cromwell Bar & Restaurant, Johnny's Cocktail Lounge, Tiffany Lounge, Michael's, Joe & Stan's, Pub East, Lentsch's/North End Improvement Club/New Wine Church, and B. V. Peppercorn's. (laid over from April 13th for adoption) Adopted Yeas - 5 Nays - 0 16. Resolution - 93-430 - approving renewal of various Class III Licenses by: Lowry Ramp, Sokol Minnesota, Harriet Island, West 7th Street Amoco, Prosperity Booster Club/Mounds Park Lounge, Midwest Hotel and Highland 66. (laid over from April 13th for adoption) Adopted Yeas - 5 Nays - 0 17. Resolution - 93-431 - approving renewal of various On Sale Liquor and Supporting Ucenses . by: Willard's Bar, Benson's Bar, Half Time Rec, The Buttery, Lyon's Pub on Grand, , Shannon Kelly's and St. Paul Civic Center. (laid over from April 13th for adoption) . Adopted Yeas - 5 Nays - 0 18. �Resolution - 93-432 - approving renewal of Various Class III Licenses by: Whitney's Inc., St. Paul Police Pistol Club, Montgomery Ward # 1326, Pizza Hut #426025, Thomas Casperson, Vinland National Center/Mancini's, Pioneer Truck & Trailer Repair and Morency's Auto � Repair. (laid over from April 13th for adoption) Adopted Yeas - 5 Nays - 0 19. Resolution - 93-433 - approving renewal of various On Sale Liquor and Supporting Ucenses by: Nickels Sports Bar, Schwietz's Bar, Triviski's Bar, Yannarelly's, Gabe's By The Park, Porky's, Arcade Bar, Reaney's Bar, O'Gara Bar & Grill, River Room & Iron Horse, Vogel's Lounge, Sweeney's Saloon, Easy Street West, Pat McGovern's, Arlington Pub, Herge's Bar, Wallace's Westsider, Goby's Grille & Pub, Chuck's Bar and Governor's. (laid over from April 13th for adoption) Adopted Yeas - 5 Nays - 0 20. Resolution - 93-434 - approving renewal of various On Sale Liquor and Supporting Licenses by: Leeann Chin Chinese Cuisine, Ciatti's Italian Restaurant, Town & Country Club, Minnehaha Tavern, Erick's Bar, Yarusso Brothers, Ted's Rec, and Favore' Ristorante'. (laid over from April 13th for adoption) Adopted Yeas - 5 Nays - 0 212 April 20, 1993 21.z� Resolution - 93-435 - approving renewal of various On Sale �ne and Supporting Licenses = by: The Quail On The Hill, Lacucaracha Restaurant, Khyber Pass Cafe and Caravelle Restaurant. (laid over from April 13th for adoption) Adopted Ysas - 5 Nays - 0 � 22. Resolution - 93-436 - approving renewal of various Class III Licenses by: Metro Oil, Metro Oil, Goodyear Auto Service Center, Joe's Sporting Goods, Ace Radiator Service & Glass Co., Metro Oil, Ray Joseph Leasing & Sales, Budget Towing Inc. Epilepsy Foundation of MN/Turf Club, Center for Therapeu#ic Massage and Metro Oil. (laid over from April 13th for adoption) Adopted Yeas - 5 Nays - 0 23. Resolution - 93-437 - approving renewal of an On Sale Liquor-Club (A), Sunday On Sale Uquor and Restaurant License by Twin Star VFW Post 8854 at 820 Concordia Avenue. (laid over from April 13th for adoption) Adopted Yeas - 5 Nays - 0 24. Resolution - 93-438 - approving renewal of various Class III Licenses by: Rice Street Car Wash, Lenfer Transmission, Gillette, Miller Senrices, St. Paul Honda, Capitol Brake & Alignment, Coonan Arms, Inc. Firearms Infirmary, Tires Plus, Wilson Auto Salvage, Atlas Auto Parts, Cappie's Rebuilt 8� Used Truck Parts, Minnesota Waterfowl Association/Ron's Bar, Corvette Center Twin Cities Inc., Bandana Square Inn, Community Universal, Minnesota Waterfowl Association/Beaver Lounge, Midway Hospital Parking Ramp, B B . Dixon's Tavern & Grill and Atwater Auto Body & Collision. (laid over from April 13th for adoption) Adop#ed Yeas - 5 Nays - 0 � 25. Resolution - 93-439 - approving renewal of various Off Safe Uquor and Supporting Licenses by: Walfoort Uquors, Buon Giorno Italian Market, Sharrett's Liquors, Parkway Liquors, Liquor Village, Leo F. Hoye Liquors, Uquor City, Marshall Liquor, Yarmo Liquor Store, and First Grand Avenue Liquors. (laid over from April 13th for adoption) Adopted Yeas - 5 Nays - 0 26. Resolution - 93-440 - approving renewal of various On Sale Wine and Supporting Licenses by: South China Island Inn, Cafe Latte', Italian Pie Shoppe & Winery and Peking Restaurant of St. Paul. (laid over from April 13th for adoption) Adopted Yeas - 5 Nays - 0 27. Resolution - 93-441 - approving renewal of various Off Sale Liquor and Supporting Licenses by: Quick Stop Liquor, Jackis's Spirits of St. Paul, Big Top Liquors, Morelli's Specialty Market, Sportsmen's Liquor Store, T's Liquors Inc., Dannecker's Supermarket, Olson Brothers Uquor, Scott's Liquor Store, Como Rice Liquors, Midway Liquor Store, Steiner . Liquors, K W Liquor Store, Seventh Street Liquor Barrel, Hillcrest Liquor, Beverage Express Liquor, Rite Liquor, Thomas Liquors and Haskell's. (laid over from April 13th for adoption) Adopted Yeas - 5 Nays - 0 213 April 20, 1993 28. Resolution - 93-442 - approving renewal of various On Sale Wine and Suppo�ing Licenses by: Acropol Inn, Cossetta's, Napoli Cafe, Dynasty Rest., Caravan Serai and Muffuletta In The Park. (laid over from April 13th for adoption) Adopted Yeas - 5 Nays - 0 29. Resolution - 93- - approving renewal of an Off Sale Liquor and Original Container License by Broadway Liquor Store Inc. dba Johnson Brothers at 1165 Hudson Road. (laid over from April 13th for adoption) Adopted Yeas - 5 Nays - 0 30. Resolution - 93-444 - approving renewal of a Restaurant-B, On Sale 3.2 Malt and On Sale Wine License by The Barbara Fig Inc. dba The Barbary Fig at 720 Grand Avenue. (laid over from April 13th for adoption) Adopted Yeas - 5 Nays - 0 31. Resolution - 93-445 - approving renewal of an On Sale Uquor-Club (B), Sunday On Sale Liquor and Restaurant-D License by Rice Street VFVV Post 3877 at 1134 Rice Street. (laid over from April 13th for adoption) ' Adopted Yeas - 5 Nays - 0 32. Resolution - 93-446 - approving renewal of an Off Sale Liquor Ucense by MGM Spirits Express Inc. dba MGM Liquor Warehouse at 1102 W. Larpenteur Avenue. (laid over from April 13th for adoption) Adopted Yeas - 5 Nays - 0 33. Resolution - 93-447 - approving renewal of an On Sale Wine, On Sale Malt 3.2 and Restaurant-D License by D& N Inc. dba Mai �Ilage Restaurant at 422 W. University Avenue. (laid over from April 13th� for adoption) Adopted Yeas - 5 Nays - 0 34. Resolution - 93-448 - approving renewal of a Foods MDPW to 1000 square feet, K-Vehicle, Catering to 1000 square feet, Restaurant-B, On Sale Wine and On Sale Malt (Strong) License by Simone M. Mishulovin dba The Old City Cafe at 1571 Grand Avenue. (laid over from April 13th for adoption) Adopted Yeas - 5 Nays - 0 35:�y Resolution - 93-449 - approving renewal of various Off Sale Uquor and Supporting Licenses � by: Moudry Apothecary Shop, Four Season's Wines and MGM Liquor Warehouse. (laid over from April 13th for adoption) Adopted Yeas - 5 Nays - 0 36. Resolution - 93-450 - approving renewal of various On Sale Wine and Supporting Licenses by: Willow Gate Chinese Restaurant, The Barbara Fig and Ho Ho Gourmet Restaurant. (laid over from April 13th for adoption) Adopted Yeas - 5 Nays - 0 214 April 20, 1993 37. Resolution - 93-479 - approving renewal of various On Sale �ne and Supporting Licenses by: Harriet Island Pavilion and the Korean Restaurant Shilla. (To be laid over one week for ` adoption) Laid over until April 27th for adoption. 38,, Resolution - 93-480 - approving renewal of various On Sale �ne and Supporting Licenses by: Grampa Tony's, Ristorante Luci, and Mai Village Restaurant. (fo be laid over one week , for adoption) Laid over until April 27th for adoption. 39. Resolution - 93-481 - approving the renewal of an Off Sale Liquor and Original Container License by Kal-Bon Inc., dba Park Liquor Company at 140 N. Snelling Avenue. (To be laid over one week for adoption) Laid over until April 27th for adoption. 40. Resolution - 93-482 - approving renewal of various Class III Ucenses by: Superamerica Group Inc. #4359, Kowalski's Grand Market Inc, �ctory Parking Ramp, Denny's Radiator Shop, Holiday #7, Food-N-Fuel C-32, Food-N-Fuel, Eastern Heights Amoco, Frendts Auto Service, St. Casimir Church/Schwietz's, Family Inn, Bee Hive Bar, Snelling 1-94 Unocal, Arie's Standard Service, Midway Training Services Inc/Trend Bar, George's Mini Market & Auto Repair, St. Paul Firefighters Local 21 /Spanky's, Grand Wheeler Sinclair, Midway Training Services Inc/Erick's Bar, Fort Road Automotive, Grand Wheeler Sinclair, Midway Training Services Inc/Depot Bar, Tracy 1 Stop Auto-Mart and HCO Self Serve #11. (To be laid over one week for adoption) °-� Laid over until April 27th for adoption. 41 �. Resolution - 93-483 - approving renewal of various Off Sale Liquor and Supporting Licenses � by: International Wines & Liquors and Minnehaha Liquor Inc. (fo be laid over one week for adoption) Laid over until April 27th for adoption. 42. Resolution - 93-484 - approving an agreement with Upper River Services for their relocation of facilities and equipment that are within the construction limits of the Flood Control Project - Stage 2. Adopted Yeas - 5 Nays - 0 43. Preliminary Order - 93-485 - In the Matter of constructing a sanitary sewer and service connections in Palace Avenue from Daly Street to approximately 130 feet west of Daly Street and setting date of Public Hearing for May 18, 1993. Adopted Yeas - 5 Nays - 0 44. Resolution Approving Assessment - 93-486 - In the Matter of condemning and taking an easement for sewer purposes in conjunction with the Palace/Toronto Area Storm Sewer Project and setting date of Public Hearing for May 18, 1993. Adopted Yeas - 5 Nays - 0 215 April 20, 1993 COMMITTEE REFERRAL: 45. Resolution - 93-487 - directing Council Research to conduct a study of Saint Paul Local Gambling Tax. (Human Services, Health and Business Regulations) Referred to Human Services, Health & Business Regulations Committee. ORDINANCES Councilmember Maccabee arrived at this point. 46. Final Adoption -93-335 - An ordinance amending Chapter 34 of the Legislative Code pertaining to minimum health standards and adding provisions relating to commercial, industrial and institutional uses. (Public Hearing held April 1 st - laid over from April 8th) Councilmember Thune moved approval. Adopted Yeas - 6 Nays - 0 Councilmember Long arrived at this point. 47. Final Adoption - 93-140 - An ordinance amending Chapter 34.5 of the Legislative Code encouraging businesses to make their premises as safe as possible by incorporating •: concepts for crime prevention through environmental design. (Human Services, Health and Business Regulations Committee recommends approval as amended - Public Hearing held April 1 st - laid over from April 8th) Councilmember Maccabee moved to withdraw the ordinance as it was included in item # 46. Roll Call Yeas - 7 Nays - 0 WITHDRAWN 48. Second Reading - 93-421 - An ordinance amending Chapter 11 of the Legislative Code prohibiting dogs and other animals on the City Market grounds. (For Action) Laid over until April 22nd for Third Reading/Public Hearing. 49. First Reading - 93-488 - An ordinance amending Chapter 60 of the Legislative Code pertaining to zoning of property at 463 Fry Street for Embers Restaurant Parking Lot. � (Public Hearing held March 23, 1993) (For Action) Laid over until April 27th for Second Reading. 216 April 20, 1993 COMMITTEE REPORTS: 50: Resolution - 93-411 - authorizing City officials to sign the various agreements involved in the right-of-way acquisition for Shepard Road reconstruction between Randolph Avenue and Chestnut Street. (Public Works Committee recommends approval as amended) Councilmember Thune said it was a technical amendment to be added to the resolution and moved approval. - Adopted Yeas - 7 Nays - 0 51. Resolution • 93-333 - approving the release of utility easements in various street and alleys bounded by Case Avenue, Agate Street, Cayuga Street and the Soo Line Railroad. (Public Works Committee recommends approval) Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 PUBLfC HEARINGS: 52. Third Reading - 93-375 - An ordinance amending Chapter 107 of the Administrative Code pertaining to the Planning Commission. (Finance Committee recommends approval) No one appeared in opposition. Laid over until April 27th for Final Adoption. 53. Resolution Ratifying Assessment - 93-489 - In the Matter of sidewalk reconstruction on both sides of Burr Street from Case to Jenks. (Public Works Committee recommends approval) No one appeared in opposition. , councilmember Thune moved approval. -- Adopted Yeas - 7 Nays - 0 54. Resolution Ratifying Assessment - 93-4� - In the Matter of sidewalk reconstruction and/or � reconstruction at 1366 Hazelwood Street and the south side of E. Ivy Avenue from Kennard to extended west line of Germain Street. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 55. Resolution Ratifying Assessment - 93-491 - In the Matter of sidewalk reconstru�tion on the east side of Bates Avenue from Elliott Place to Clermont Street. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Guerin asked staff when the sewers were going to be installed on this block. (Continued on following page) 217 April 20, 1993 (Continued from previous page) Tom Keefe, Public Works Department said this was not in conjunction with sewer work and that the sidewalks were already installed. He said this was just to ratify the assessment, not an order to do the work. Councilmember Guerin moved approval. Adopted Yeas - 7 Nays - 0 56. Resolution Ratif�ring Assessment - 93-492 - In the Matter of sidewalk reconstruction on both � sides of E. Nevada Avenue from Flandrau to N. White Bear Avenue. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 57. Resolution Ratifying Assessment - 93-493 - In the Matter of sidewalk reconstruction on both sides of Montrose Lane from Randolph to Hartford. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Long moved approval. Adopted Yeas - 7 Nays - 0 58. Resolution Ratifying Assessment - 93-494 - In the Matter of sidewalk reconstruction on the north side of Saunders Avenue from S. Howell to Kenneth, the south side of Saunders Avenue from S. Howell to S. Wilder and the south side of �Ider Street from Saunders to Montreal. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. ' Adopted Yeas - 7 Nays - 0 59. Final Order - 93-495 - In the Matter of sidewalk reconstruction on the north side of Harrison Avenue from Douglas to Garfield and the south side of Harrison Avenue from Douglas to Western. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 60. Final Order - 93-496 - In the Matter of sidewalk reconstruction on the north side of Dayton Avenue from N. Prior to Moore and the east side of Moore Street from Dayton to Marshall. - (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 ' 218 April 20, 1993 61. Final Order - 93-497 - in the Matter of sidewalk reconstruction on the east Jessamine Avenue Public Walkway from Breen to N. White Bear Avenue. (Public Works Committee � recommends approval) No one appeared in opposition. Councilmember Thune moved approval. Adopted Yeas - 7 Nays - 0 62. Resolution - 93-498 - Petition of Art and Donna Ellingston and Jerome Koslowski for the � vacation of part of the alley in Block 3, Denny Hill Addition, bounded by Payne, Ivy, Clear and Greenbrier to combine the alley with their existing property. (Public Works Committee recommends approval) No one appeared in opposition. Councilmember Grimm moved approval. Adopted Yeas - 7 Nays - 0 Councilmember Maccabee moved to suspend the rules to recall the following resolution , from Public Works Committee and lay over. Adopted Yeas - 7 Nays - 0 Resolution - 93-513 - vacation of Myrtle Avenue between Raymond Avenue and Lasalle Street. Councilmember Maccabee moved to set the date of the Public Hearing for April 29th. Roll Call Yeas - 7 Nays - 0 Laid over until April 29, 1993. Councilmember Maccabee moved to suspend the rules to introduce the following and set date of the Public Hearing. Adopted Yeas - 7 Nays - 0 Resolution - 93-514 - approving an application for a Firearms License by St. Paul Firearms Company at 634 No. Snelling Avenue. Councilmember Maccabee moved to lay over until April 22nd for the Public Hearing. Roll Call Yeas - 7 Nays - 0 Laid over until April 22nd for Public Hearing. Upon request of President Wilson, Councilmember Rettman moved to suspend the rules to introduce the following resolution. Adopted Yeas - 7 Nays - 0 219 April 20, 1993 Resolution - 93-515 - approving the reappointment of Gerald J. Strathman to serve as the Council Investigation and Research Center Director. Councilmember Thune stated that this resolution appoints the Council Research Director for 3 years and replaces the previously adopted resolution appointing the Director for 5 years. Councilmember Thune moved approval. Adopted 5 Nays - 2(Long, Rettman) Councilmember Long moved to suspend the rules to introduce the following resolution. Adopted Yeas - 7 Nays - 0 Resolution - 93-516 - supporting State legislation allocating State bonding revenue to Metropolitan State University for the purpose of purchasing a parcel of land from the Saint Paul Port Authority. . Councilmember Long moved approval. Adopted Yeas - 7 Nays - 0 Councilmember Grimm recognized Volunteer Week of April 18 - 24 and thanked City Employees who volunteered hours of service. Councilmember Thune made reference to the ongoing sewer construction work in Saint Paul this summer and thanked neighborhood citizens and construction workers for their patience. _ Councilmember Long moved to adjourn the meeting. Adopted Yeas - 7 Nays - 0 ADJOURNED AT 9:30 A.M. -- � , ATTEST: ouncil President, William �Ison Minutes approved by Council Assistant City Clerk, Frances Swanson �� 3 FS:dmb 220