Approved Minutes 12-3-1997 I
SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, December 3, 1997 - 3:30 PM
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order by Council President Thune at 3:50 p.m.
Present- 6 - Blakey, Bostrom, Collins, Harris, Morton, Thune
Absent - 1 - Megard(excused)
CONSENT AGENDA
Councilmember Harris moved approval of the Consent Agenda. Yeas- 6 Nays- 0
FOR ACTION
1. Approval of minutes of November 19, 1997 Closed Door Session.
Adopted Yeas - 6 Nays - 0
2. Claims of Joanne Ferderer, James & Masako Perrine, Debra Smith, and Nancy Watkins.
Referred to Employee/Risk Management Division
3. Amended Notice of Motion and Motion for Temporary Restraining Order in the matter of St. Paul
Yellow Taxi, Inc. vs. the City of Saint Paul.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of St. Paul Yellow Taxi, Inc. vs. the City of Saint Paul.
Referred to the City Attorney's Office
5. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on December 10, 1997 to consider the appeal of Mary Lou Law to a
decision of the Planning Commission denying a non-conforming use permit to establish that a
duplex is a legal non-conforming use of property at 1354 Birmingham Avenue.
6. Administrative Orders:
D001386 Amending the 1997 budget in the Office of License, Inspections and Environmental
Protection by moving necessary funds to "Fees-Other Professional Services", Object
Code 0219.
December 3, 1997 City Council Summary Minutes Page 2
D001387 Addition of$5,160.00 to the contract for Como Park Conservatory - Phase Two:
Sitework.
Noted as on file in the City Clerk's Office
7. Resolution - 97-1437 - Requesting the Fire Department to present its work plan for responding to
the performance audit's recommendations before the City Council on or before the February 25,
1998 City Council meeting.
Adopted Yeas - 6 Nays - 0
8. Resolution - 97-1438 - Requesting the Fire Department to update the City Council on the planned
computerized documentation/data collection system.
Adopted Yeas - 6 Nays - 0
9. Resolution - 97-1439 - Approving creation of a new class entitled Impound Lot Supervisor in
Grade 10 of the Saint Paul Supervisors Organization Standard Salary Ranges.
Adopted Yeas - 6 Nays - 0
10. Resolution- 97-1440 - Authorizing the purchase of one parcel of vacant land for the Highwood
Bluff Acquisition Project.
Adopted Yeas - 6 Nays - 0
11. Resolution - 97-1441 - Authorizing the Saint Paul Police Department to conduct background
investigations for the City of Brooklyn Center Police Chief applicants.
Adopted Yeas - 6 Nays - 0
ORDINANCE
16. Final Adoption - 97-1324 - An ordinance amending Chapters 116 and 135 of the Saint Paul
Legislative Code to provide for regulation of private construction in the public right-of-way.
Council President Thune requested a layover to December 10 in order to work further with the
Administration, the Utility companies, and the Unions on this issue.
Councilmember Blakey stated he had a concern with exposure to liability and Council President
Thune responded that liability was one of the issues that has been addressed.
Councilmember Bostrom moved to lay over to December 10.
Laid over to December 10 Yeas - 6 Nays - 0
December 3, 1997 City Council Summary Minutes Page 3
FOR DISCUSSION
12. Resolution - 97-1442 - Adopting metal shredder policy as an amendment to the City's
Comprehensive Plan. (Companion to C.F. 97-1406, Item #27 )
Council President Thune requested this item be laid over one week for the fourth reading of Item
27.
Councilmember Blakey moved to lay over one week.
Laid over to December 10 Yeas - 6 Nays - 0
13. Resolution - 97-1443 - Authorizing a $22,000.00 loan and $2,200.00 grant from the STAR
Revolving Loan Fund to Right Step Academy for renovations to its future facility at 1019-1025
Selby Avenue.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
14. Resolution - 97-1444 - Moving CDBG funding from the Commercial Rehabilitation Program to
the Enterprise Leverage Fund.
Councilmember Morton moved approval.
Adopted Yeas - 6 Nays - 0
15. (See page 4)
ORDINANCES
16. (See page 2)
17. Second Reading- 97-1418 - An ordinance amending Sections 86.02 and 86.03 of the Saint Paul
Administrative Code setting for the required signatures for contracts and other real estate documents
for the Board of Water Commissioners of the City of Saint Paul.
Councilmember Morton introduced a substitute.
Substitute introduced and laid over to December 10 for third reading/public hearing
18. Second Reading - 97-1419 - An ordinance amending Chapters 84-92 87, 88, 89, 90, 91 and 93 of
the Saint Paul Legislative Code pertaining to the rules and regulations of the Saint Paul Water
Utility as recommended by the Board of Water Commissioners of the City of Saint Paul.
Councilmember Morton introduced a substitute.
Substitute introduced and laid over to December 10 for third reading/public hearing
19. Second Reading - 97-1420 - An ordinance amending Chapter 24 of the Saint Paul Administrative
Code to prohibit certain campaign contributions.
Laid over to December 10 for third reading/public hearing
December 3, 1997 City Council Summary Minutes Page 4
20. Second Reading- 97-1421 - An ordinance to provide for enforcement of health and safety codes in
non-owner occupied one and two family dwellings.
Laid over to December 10 for third reading/public hearing
21. Second Reading- 97-1422 - An ordinance repealing Saint Paul Legislative Code Chapter 220
pertaining to dumping on private property.
Laid over to December 10 for third reading/public hearing
22. Second Reading- 97-1423 - An ordinance amending Chapter 33 of the Saint Paul Legislative Code
pertaining to Building Code and Inspection.
Laid over to December 10 for third reading/public hearing
23. First Reading- 97-1445 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code to
allow administrative payment of fines for certain first offenses.
Laid over to December 10 for second reading
24. First Reading- 97-1446 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code to
permit issuance of uncontested Class III licenses without a Council hearing.
Laid over to December 10 for second reading
25. First Reading- 97-1447 - An ordinance amending the Saint Paul Legislative Code §66.214(a)
pertaining to advertising signs located in B-2, B-3, B-5 (as described therein), I-1, I-2, and I-3
zoning districts.
Laid over to December 10 for second reading
26. First Reading- 97-1448 - An ordinance amending section 32.01 of the Saint Paul Administrative
Code pertaining to compensation and benefits provided to the Mayor and City Council in accordance
with applicable provisions of state law and the City Charter.
Withdrawn by Council President Thune
15. Presentation by Police Chief William Finney on geographic analysis of violent crime in Saint Paul.
(Continued from October 15)
Chief Finney stated there were 22 homicides in Saint Paul as of November 15, 1997. Of that
number, 13 were committed with firearms. Robberies and weapon assaults are lower than in 1996.
Reports on shots fired are down from 1996. Domestic assaults with firearm offenses are ahead of
1996. Aggravated assaults with firearms are dispersed throughout the City but there are more in
certain areas. Weapon offenses include carrying a concealed weapon, illegal transfer of a firearm,
uncased firearms, possession of an assault weapon, possession of a firearm by a felon, illegal
transportation of a firearm, and federal firearms violations.
Councilmember Blakey distributed a crime analysis report prepared by Council Research. Mr.
Blakey asked what the City can do in the area of aggravated assault with firearms. Chief Finney
responded that there is increasing intolerance of people and that minor altercations have escalated to
the use of firearms in many cases. Good enforcement and prosecution would help. He noted that
December 3, 1997 City Council Summary Minutes Page 5
often an innocent person is struck instead of the intended victim and that people under the age of 18
were responsible for 57% of the crimes of violence in Saint Paul.
Councilmember Bostrom asked if aggravated assault with firearms and domestic assaults with
firearms are two separate categories. Chief Finney responded that the assaults are counted twice and
then they are separated and there is focus on the domestic circumstances. A domestic assault with a
firearm would also be an aggravated assault. Mr. Bostrom asked about work loads the officers have
for traffic patrol. Chief Finney responded the squads are busy and the calls per officer per year are
going up. The Police Department has applied for grants to hire officers for extra duty.
Chief Finney stated that as officers step up enforcement, the number of complaints the City will
receive are going to increase because the City is trying to keep people from being victims of random
gunfire. There is a high percentage of young people under the age of 18 who are involved in
firearm incidents. It often appears that police actions are targeting these groups, but they are
actually targeting misbehavior.
(The meeting was recessed from 4:25 to 4:45 p.m.)
Present- 3 - Bostrom, Morton, Thune
Absent - 3 - Blakey, Collins, Harris (arrived after roll call)
PUBLIC HEARINGS
27. Third Reading - 97-1406 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to metal shredder plan and zoning code amendments. (Companion to C.F. 97-1442,
Item #12)
Roger Ryan, Department of Planning and Economic Development, appeared and reported that in
August of 1996 the City Council initiated a zoning study and requested the Planning Commission
review it and make any recommended changes. At the same time, the Council adopted an interim
ordinance which put a moratorium on issuing permits for automobile shredders. The interim
ordinance has been extended an additional 18 months. The Planning Commission formed a metal
shredder study committee and the committee toured some facilities and considered testimony from
the public. The Planning Commission made their recommendations to the Council in September.
The land use plan amendment policy would not allow metal shredders in Saint Paul as it is
believed the nature of existing industrial areas in Saint Paul makes it inappropriate to locate large
metal shredders in the City. There is no potential industry site in the City with conditions
sufficient to protect adjacent land uses from the impacts of metal shredders.
The proposed zoning amendments create two new definitions: large metal shredders (large used
metal products including motor vehicles) and small metal shredders (small used recyclable metal
products including cans).
December 3, 1997 City Council Summary Minutes Page 6
In response to a question of Councilmember Harris, Mr. Ryan said the recommendation is for a
ban on metal shredders and that is the issue before the Council.
The following people appeared and spoke in support of the ordinance:
Ann Hunt, Saint Paul Neighborhood Energy Consortium
Heather Worthington, 890 Cromwell Avenue, St. Anthony Park Community Council
David Boyce, 323 Annapolis Street West
Sheldon Johnson, 2031 Howard Street South, District 1 Community Council
Ellen Biales, 860 St. Clair Avenue, Summit Hill Association
Peggy Lynch, 1621 Beechwood, Friends of Parks and Trails
Lois Glewwe, 105 Tenth Avenue North, South St. Paul, River Environmental Action Project
Council President Thune read the resolution from the South St. Paul City Council
Janet McMillan, 1274 Tealwood Place, Long Lake
Jim Bukowski, 454 Stryker Avenue
Sherilyn Young, 71 W. Isabel Street #1, No Shams organization
The following people appeared and spoke in opposition to the ordinance:
Andrew Staebell, Great Western Recycling at 521 Barge Channel Road
John Gentzkow, 2117 State Street, Altar Trading
The public hearing was closed. Yeas - 6 Nays - 0
Laid over to December 10 for final adoption
(Thune left and Morton assumed the chair)
28. Third Reading - 97-1407 - An ordinance amending the Saint Paul Legislative Code Section 33.03
which changes the effective date from the time a compliance inspection is performed to the date
the deposit is received for work done on nuisance, dangerous and vacant buildings.
No one appeared in opposition; laid over to December 10 for final adoption
29. Resolution - 97-1449 - Suspending licenses held by Drink, Inc., dba Pebble's Bar, 880 7th Street
East, for failure to pay 1997-98 license fees. (Uncontested)
Withdrawn by Councilmember Morton as the fees were paid.
(Thune returned)
30. Public hearing to consider the report of the Administrative Law Judge concerning cigarette license
held by Little Grocery, 1724 University Avenue West.
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection (LIEP) appeared and stated this matter was not a compliance check but
it involved a 14-year old girl who was stopped by a police officer and questioned as to where she
had purchased cigarettes and she pointed to the Little Grocery. The matter was heard before an
December 3, 1997 City Council Summary Minutes Page 7
Administrative Law Judge (ALJ) and Ms. Palmer asked the Council to accept the findings of the
ALJ and to assess the $1,284.43 cost of the ALJ hearing to the licensee.
Dick Sand, attorney representing Little Grocery, appeared and indicated he was not contesting the
fmdings and recommendation of the AU but asked that the costs of the ALJ hearing be waived.
Mr. Sand referred to the last paragraph of Page 9 of the ALJ report which says in part that the
City Council should take into account that the owner has made consistent attempts to operate a
lawful business and has attempted to provide proper training of employees.
The public hearing was closed
Councilmember Blakey moved to adopt the recommendations of the Administrative Law Judge
and accept Virginia Palmer's recommendation. Yeas - 6 Nays - 0
Adopted Findings of Fact and Conclusions of the Administrative Law Judge (AU) report. A
$200 fme was imposed and licensee to pay ALJ hearing costs incurred. Yeas - 6 Nays - 0
31. Resolution - 97-1450 - Approving application for Off Sale Malt, Restaurant-C, Entertainment-B,
Gambling Location-C, Sunday On Sale Liquor, and Liquor On Sale-C Licenses by M T Bears
Inc., dba Pickles Sports Bar (William Thompson, Jr.), 1082 Arcade Street. (ID #19265).
Councilmember Bostrom moved to introduce a substitute resolution. Yeas - 6 Nays - 0
Mrs. Bramond, spokesperson for the neighborhood, appeared and spoke in support of the license
application.
William Thompson, owner, appeared and stated he had no objection to the conditions placed on
the license.
Rick Brentman, 836 E. Magnolia, District 5 Planning Council, appeared and stated the
neighborhood has reached an agreement in terms of conditions being put on the license.
The public hearing was closed.
Councilmember Bostrom moved approval of the substitute resolution.
Substitute introduced and adopted Yeas - 6 Nays - 0
32. Resolution - 97-1451 - Approving application for a Liquor Off Sale License by Wines of
Cathedral Hill (Kathleen Nielsen), 400 Selby Avenue. (ID #14417)
No one appeared in opposition.
Councilmember Blakey moved approval and noted that six conditions were agreed upon by the
owner.
December 3, 1997 City Council Summary Minutes Page 8
Kathleen O'Dell, owner, appeared and stated this is a mail order and delivery only wine service.
Adopted Yeas - 6 Nays - 0
34. Resolution - 97-1453 - Vacating a portion of Pleasant Avenue. (Resolution not available; to be
laid over to December 10)
Councilmember Blakey moved to lay over one week
Laid over to December 10 Yeas - 6 Nays - 0
35. Resolution - 97-1381 - Authorizing 1998 Sanitary Sewer Charges and Storm Sewer System
Charges. (Laid over from November 12)
No one appeared in opposition.
Roger Puchreiter, Department of Public Works, presented a substitute resolution and explained
that the substitute puts back some of the items (approximately $600,000) that were deducted by the
loss of revenues from Stroh's Brewery when it was shut down. The Council's and Mayor's
intervention with the Metropolitan Council reduced their bill to Saint Paul by approximately the
same amount of money. Public Works was able to offset the loss of Stroh's Brewery revenue with
Metropolitan Council's reduction in charges.
Councilmember Harris moved to introduce the substitute resolution and approval.
Substitute adopted Yeas - 6 Nays - 0
36. Resolution - 97-1454 - Approving increase for Sewer Service Availability Charge (SAC) from
$950.00 to $1,000.00 beginning January 1, 1998.
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
37. Resolution - 97-924 - Ordering the owner to remove or repair the building at 421 Wabasha Street
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
the owner be given until August 12, 1998 to complete transfer to a new owner) (Laid over from
September 10)
No one appeared in opposition.
Council President Thune stated he had a request to change the date from August 12 to six months.
Councilmember Blakey moved approval as amended per Council President Thune's suggestion.
Adopted as amended Yeas - 6 Nays - 0
38. Final Order - 97-1455 - In the matter of sidewalk reconstruction at 416 and 422 Cherokee Avenue
and 332 Minnesota Street (First National Bank). (File #S97103)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
December 3, 1997 City Council Summary Minutes Page 9
39.
Final Order - 97-1456 - In the matter of condemning and taking a permanent utility easement for
reconstruction of the Wabasha Street Bridge. (File #18794 E
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0
40. Final Order - 97-1457 - In the matter of condemnation and taking of temporary easements
necessary for the Edgerton Street Bridge Construction Project. (File #18832-A)
No one appeared in opposition; Councilmember Collins moved approval.
Adopted Yeas - 6 Nays - 0
(Items 41 and 42 were discussed together)
41.
Final Order - 97-1458 - In the matter of street paving and new light gin co)connection with the
Doswell/Chelmsford Area Street Paving and Lighting Project.
Dennis Dailey, 1540 Branton Street, appeared and stated he has a list of people he contacted who
would like the street to remain at its current width or not less than thet o ge streets dard of 32 feet in
order for emergency vehicles, snow plows, etc. to be able to easily g
Ellen Healy, 2228 Doswell Avenue, appeared and stated that presently the street is about 27 feet
wide from Grantham to Como. The proposal is that the street would
be 28 feet
from Granll the pe nth o to
Cleveland and 30 feet from Grantham to the driveway of the Healy
the north side of Doswell have driveways and they would like d when this
section
ion of the snowthe
pstreet
ows gobe 28
hrough.
feet. There are concerns about where the snow would be store
Resident, 2167 Dudley, appeared on behalf of the citizens who have been working on this
to do some long range planning and to attempt to
proposal. They felt this was a good opportunity g the street would change
calm down, slow, and discourage traffic in their neighborhood.
e S beetsoto be pedestrian friendly, she said.
the character of the neighborhood and they
Councilmember Collins moved to lay over one week.
Laid over to December 10 Yeas - 6 Nays - 0
42. Final Order - 97-1459 - In the matter of construction and/or repair of sanitary sewer, storm sewer
and/or water service connections, if requested by the property owner, in conjunction with the
Doswell/Chelmsford Residential Street Paving and Lighting Project. (File #18853-Conn)
Councilmember Collins moved to lay over one week.
Laid over to December 10 Yeas - 6 Nays - 0
43.
Final Order - 97-1460 - In the matter of street improvements for the Bidwell/Congress Area Street
Paving and Lighting Project. (File #18854) royal.
No one appeared in opposition; Councilmember Morton moved ap p
Adopted Yeas - 6 Nays - 0
December 3, 1997 City Council Summary Minutes Page 10
44. Final Order - 97-1461 - In the matter of assessments for construction of storm sewer connections,
sanitary sewer connections and/or water service connections, if requested by the property owner,
in conjunction with the Bidwell/Congress Area Street Paving and Lighting Project. (File #18854-
Conn)
No one appeared in opposition; Councilmember Morton moved approval.
Adopted Yeas - 6 Nays - 0
45. Public hearing to hear comments on whether the requested transfer of the cable television
franchise from Continental Cablevision of St. Paul, Inc. to Charter Communications, Inc. may
adversely affect Saint Paul cable subscribers. Those wishing to submit written comments on this
matter may send them to Holly Hansen, Cable Officer, City of Saint Paul, 68 City Hall, 15 West
Kellogg Boulevard, Saint Paul, MN 55102. (Public hearing continued from November 12)
Gerry Strathman, Council Research, stated there have been some new developments with this issue
and, therefore, recommended the public hearing be continued. U.S. West has decided it does not
wish to sell the franchise to Charter communications and has put them on notice that they intend to
withdraw from their business agreement if they can get approval from the Federal Communication
Commission (FCC) to allow U.S. West to continue to hold the franchise until July at which time it
would be spun off into a new corporation. The FCC has not acted on the request from U.S. West
and is not expected to do so for some time. Continuing the hearing will allow Mr. Strathman to
determine what the FCC will rule in response to U.S. West's request. If the FCC grants the
request, it would be their intention to withdraw the request for transfer that was submitted. If the
FCC denies the request to continue to hold the franchise, the business arrangement from Charter
will go forward.
Councilmember Harris moved to lay over to January 14, 1998.
Public hearing continued to January 14, 1998 Yeas - 6 Nays - 0
33. Resolution - 97-1452 - Approving application for Liquor On-Sale (A), Sunday On-Sale Liquor,
Entertainment Class B, Off-Sale Malt and Restaurant c Limited Licenses by Blues Saloon, Inc.
(Paula Areanna Coale), 601 Western Avenue North. (ID #49441)
No one appeared in opposition; Councilmember Blakey moved approval
Adopted Yeas - 6 Nays - 0
Councilmember Blakey moved for suspension of the rules and approval of the following resolution:
Resolution - 97-1462 1466 - Accepting a gift of poinsettias from CB Commercial/Koll on behalf
of the City Council and the Department of Planning and Economic Development as public
recognition of the holiday season.
Adopted Yeas - 6 Nays - 0
December 3, 1997 City Council Summary Minutes Page 11
Councilmember Bostrom moved to adjourn the meeting.
ADJOURNED AT 6:25 P.M.
4/0-
D el ostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Ande n
Assistant Council Secretary
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