Approved Minutes 1-3-1996 1
SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, January 3, 1996
Northwest Conference Room
Third Floor City Hall and Court House
Saint Paul, Minnesota
CLOSED DOOR SESSION
The meeting was called to order by Council President Thune at 2:37 p.m.
Present - 6 - Councilmembers Blakey, Bostrom, Harris, Megard, Rettman and Thune
Absent - 1 - Councilmember Guerin
Also present were: Tim Marx, City Attorney; Paul McCloskey, City Attorney's Office; Phil
Byrne, City Attorney's Office; Mark Shields, Mayor's Office and Gerry Strathman, Council
Secretary.
1. Session discussed pending litigation
AD A.. - 'J D 3.19 p.m.
ATTEST:
fit&
Cou - ' ' esident, Dave Thune
Council Secretary, Gerry Strathman
1
I
SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, January 3, 1996 - 3:30 PM
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:45 p.m. by Council President Thune.
Present - 6 - Blakey, Bostrom, Harris, Megard, Rettman, Thune
Absent - 1 - Guerin (Excused)
1. Resolution - 96-1 - Approving the election of David Thune as President of the City
Council.
Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0
Resolution - 96-1A - Approving the election of Janice Rettman as Vice President of the
City Council.
Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0
2. Resolution - 96-2 - Approving the appointment by Councilmember Bostrom of Scott J.
Renstrom as Legislative Aide.
Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 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
Councilmember Rettman requested Item #15 be removed for discussion.
Councilmember Harris moved approval of the consent agenda as amended.
Roll Call Yeas - 6 Nays - 0
3. Claims of Daniel Clarke and Anna Waldo.
Referred to the City Attorney's Office
January 3, 1996 City Council Summary Minutes Page 2
4. Letter from the Division of Public Health declaring 527 Bidwell Street and 883 Third
Street East "nuisance properties". (For notification purposes only; public hearings will be
scheduled at a later date if necessary.)
5. Letters from the Division of Public Health declaring 292-294 Aurora Avenue, 433 Cook
Avenue East, 160 Forbes Avenue, 1545 Reaney Avenue, and 342 Sherburne Avenue as
"nuisance properties" and setting date of Legislative Hearings for January 16, 1996, and
City Council Hearings for January 24, 1996.
6. Letter from the Department of Planning and Economic Development announcing a public
hearing before the City Council on January 17, 1996, to consider the application of Multi-
Clean (Pet Food Warehouse) to rezone property from P-1 (parking) and I-1 (light
industrial) to B-2 (community business) to allow construction of a Pet Food Warehouse
retail store at 2277 Ford Parkway.
7. Letter from the Office of License, Inspections and Environmental Protection announcing a
public hearing before the City Council on January 24, 1996, to consider the application of
Don Willenbring for a preliminary plat review for a 6-lot subdivision at 587 McKnight
Road South.
8. Letter from the Office of License, Inspections and Environmental Protection announcing a
public hearing before the City Council on January 31, 1996, to consider the appeal of
Gregory Mayen to a decision of the Heritage Preservation Commission denying a building
permit application for the installation of vinyl siding and aluminum trim for property
located at 604-606 Portland Avenue (located in Historic Hill Heritage Preservation
District).
9. Letter from the Office of License, Inspections and Environmental Protection announcing a
public hearing before the City Council on January 31, 1996, to consider the appeal of Joel
Bruce Johnson to a decision of the Heritage Preservation Commission to deny approval of
a permit to demolish the structure located at 267-71 East Kellogg Boulevard (located in
Lowertown Heritage Preservation District).
10. Communication from St. Paul Animal Control dated December 26, 1995, announcing a
request from the University of Minnesota Research Lab for unclaimed dogs and cats.
11. Resolution - 95-1495 - Approving the reappointments of Ron Pauline, Sarah Lutman, Sam
Verdeja and Lois West, by Mayor Coleman, to the Saint Paul Cultural Capital Investment
Program. (Laid over from December 27 for adoption)
Adopted Yeas - 6 Nays - 0
January 3, 1996 City Council Summary Minutes Page 3
12. Resolution - 96-3 - Approving the reappointments of Billie Young and Gary Grefenberg,
and the appointments of Rafael Ortega, George Latimer, and Michael Monahan, by Mayor
Coleman, to the Saint Paul Riverfront Corporation. (To be laid over one week for
adoption)
Laid over to January 10 for adoption
13. Resolution - 96-4 - Approving the May 1, 1994 through April 30, 1997, Agreement
between the City of Saint Paul and United Association of Plumbers, Local Union No. 417.
(To be laid over one week for adoption)
Laid over to January 10 for adoption
14. Resolution - 96-5 - Approving the May 1, 1994 through April 30, 1997, Agreement
between the City of Saint Paul and United Association of Pipefitters, Local Union No.
455. (To be laid over one week for adoption)
Laid over to January 10 for adoption
15. (Discussed later in the meeting)
16. Resolution - 96-6 - Establishing a Traffic Signalization Program in accordance with City
Council direction provided in the 1995 Adopted Capital Improvement Budget.
Adopted Yeas - 6 Nays - 0
17. Resolution - 96-7 - Transferring surplus funding to contingency accounts in the Department
of Public Works Capital Projects Fund.
Adopted Yeas - 6 Nays - 0
18. Resolution - 96-8 - Approving projects for submittal to the Metropolitan Council or the
Metro Division of the Minnesota Department of Transportation for review, rating, and
possible Federal funding.
Adopted Yeas - 6 Nays - 0
19. Resolution - 96-9 - Authorizing the appropriate City officials to execute Joint Powers
Agreements with the City of Maplewood and Scott County providing for joint purchasing
of equipment, materials, services, and supplies.
Adopted Yeas - 6 Nays - 0
20. Resolution - 96-10 - Accepting State discretionary funding in the amount of$506,200 to
provide employment and training services to 150 workers dislocated by company closing at
the Loral Defense Systems plant in Saint Paul.
Adopted Yeas - 6 Nays - 0
January 3, 1996 City Council Summary Minutes Page 4
21. Resolution - 96-11 - Authorizing the proper City officials to submit a grant application to
the COPS Office in Washington, DC for funding in the area of domestic violence.
Adopted Yeas - 6 Nays - 0
22. Preliminary Order - 96-12 - In the matter of improving and widening Dale Street North
from University to Minnehaha Avenues, and St. Anthony Avenue to Central Avenue, and
setting date of public hearing for February 7, 1996. (File #18803)
Adopted Yeas - 6 Nays - 0
15. Resolution - 95-1496 - Approving Minnesota Laws 1995, 1st Special Session, Chapter 3,
Article 8, Sections 13 and 14 pertaining to Civil Service Rules as they relate to the City of
Saint Paul and Independent School District No. 625. (Laid over from December 27 for
adoption)
Councilmember Rettman noted that there will be some monetary implications. She
expressed concern that by acting to accept this, it sets in motion something that potentially
may not be in the best interest of all taxpayers. She questioned if the resolution has to be
accepted at this time in order to accept the legislation.
Councilmember Rettman moved for a one week layover and requested the City Attorney
advise how it could be "undone" without going through the whole system again if it is
passed.
Laid over to January 10 Yeas - 6 Nays - 0
Suspension Items
Councilmember Megard moved for suspension of the rules to introduce the following
resolution:
Roll Call Yeas - 6 Nays - 0 •
Resolution - 96-18 - Approving settlement agreement made in consideration of Clifford
Alan Kelly's resignation from City employment and release of any claims.
Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
Councilmember Blakey moved for suspension of the rules to introduce the following four
resolutions:
Roll Call Yeas - 6 Nays - 0
January 3, 1996 City Council Summary Minutes Page 5
Resolution - 96-19 - Accepting the City's recommendation for passage of specific
legislation during the 1996 Legislative Session.
Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
Resolution - 96-20 - Accepting the City's support for legislative initiatives brought forward
by outside groups and organizations to be brought to the Minnesota Legislature during the
1996 Legislative Session.
Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
Resolution - 96-21 - Accepting the City's support for legislative initiatives brought forward
by the League of Minnesota Cities to the Minnesota Legislature during the 1996
Legislative Session.
Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
Resolution - 96-22 - Accepting the City's support for legislative initiatives brought forward
by the Association of Metropolitan Municipalities to the Minnesota Legislature during
the1996 Legislative Session.
Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
Chuck McGuire, Mayor's Office, stated that the initiatives were discussed in the
Intergovernmental Relations Committee. A delegation meeting will be held January 4 and,
therefore, action was requested on these items in order to get the process started.
McGuire briefly reviewed each resolution.
FOR DISCUSSION
23. Resolution - 95-1505 - Authorizing the Police Department to enter into an agreement with
outside vendors to lease vehicles for investigative purposes, and to save and hold harmless
the supplier of the vehicles. (Laid over from December 27)
Councilmember Rettman recalled that this item was laid over previously to obtain
information as to why Saint Paul vendors were not being used to supply vehicles. This
information was not received as of this meeting date and Rettman moved to lay over one
week.
Laid over to January 10 Yeas - 6 Nays - 0
January 3, 1996 City Council Summary Minutes Page 6
ORDINANCES
24. Final Adoption - 95-1443 - An ordinance designating Superior Street bounded by West
Seventh Street and Western Avenue as a one-way street (westbound).
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
25. Final Adoption - 95-1444 - An ordinance amending Sections 60.462, 60.512 through
60.514, 61.101, 62.103(g) and 65.501 through 65.509 of the Saint Paul Legislative Code
pertaining to Zoning.
Councilmember Megard expressed concern with this ordinance as the Planning
Commission proposed that it be adopted to simplify the zoning code. The concern is that
for personal services such as barber shops, beauty shops, and photography studios in an
0S-1 zone, the special condition use permit would be removed. She felt Council needed to
consider whether it is wise to remove the requirement of a special condition use permit in
an 0S-1 zone. The six district councils in Ward 4 feel it's an important issue and agreed
that they do not want to see it removed.
Megard will work with the City Attorney's Office in preparing an amendment for the
January 10 meeting.
Councilmember Megard moved for a one week layover.
Laid over to January 10 Yeas - 6 Nays - 0
26. Final Adoption - 95-1457 - An ordinance to amend the license fee schedule in Chapter 310
of the Saint Paul Legislative Code; increasing food license fees and cigarette license fees.
Councilmember Rettman moved approval. Adopted Yeas - 6 Nays - 0
27. Final Adoption - 95-1458 - An ordinance amending Chapter 200 of the Saint Paul
Legislative Code pertaining to Animals; referring all fees to the license fee schedule.
Councilmember Rettman moved approval. Adopted Yeas - 6 Nays - 0
January 3, 1996 City Council Summary Minutes Page 7
28. Second Reading - 95-1517 - An ordinance amending Chapter 310 of the Saint Paul
Legislative Code by streamlining the licensing process so that certain Class III renewals
could be approved administratively.
Councilmember Rettman requested that the third reading be held in three weeks in order
for all district councils to be notified of the hearing.
Laid over to January 24 for third reading/public hearing
PUBLIC HEARINGS
29. Third Reading - 95-1480 - An ordinance amending Chapter 55 of the Saint Paul Legislative
Code pertaining to the Minnesota Uniform Fire Code.
Laid over to January 10 for final adoption
30. Third Reading - 95-1481 - An ordinance providing for increasing existing Certificate of
Occupancy reinspection fees, adding new inspections fees and providing a discounted fee
for immediate code compliance.
Laid over to January 10 for final adoption
31. Third Reading - 95-1482 - An ordinance amending Chapter 56 of the Saint Paul Legislative
Code, entitled "Fire Prevention - Miscellaneous", by deleting Section 56.02, fire drills;
Section 56.03, fire extinguishers; and Section 56.04, fire exits.
Laid over to January 10 for final adoption
Steve Johnson, Minnesota Multi-Housing Association, addressed items 29-31. With regard
to raising the inspection fees and discounted fee, Mr. Johnson said he brought this issue to
a committee of the Multi-Housing Association and also discussed it with several members
who have property in the City of Saint Paul. Most of the membership feels that in concept
it's a good idea. One of the concerns is the increase in the fee for licensing housing units.
The cost of housing is being increased to people who can least afford it as it eventually is
passed on to the renter.
With regard to re-inspections, if it is a tenant-caused issue, property owners want
assurance that they will not be penalized. Mr. Johnson said he would like to see this
program reviewed after one year.
Councilmember Rettman pointed out this is a prototype where the fees would increase.
However, if a person is in compliance, then they are technically "wash." Instead of
stepping away from the City's commitment to code compliance and the certificate of
occupancy, it will affect those who are continuing to need the service numerous times.
January 3, 1996 City Council Summary Minutes Page 8
Instead of just raising the fees, there were a lot of creative ways discussed of trying to
address those who come into compliance.
Councilmember Megard requested Council establish a method to track the reporting so
there is a mechanism to call for the report one year later.
32. Resolution - 96-13 - Approving application for a Recycling Processing Center License by
Waste Management of MN Inc. (Michael M. Berkopec), 195 East Minnehaha Avenue. (ID
#16250)
No one appeared in opposition; Councilmember Blakey moved approval
Adopted Yeas - 6 Nays - 0
33. Resolution - 96-14 - Approving application for a Sunday On Sale Liquor License by
Herold Inc., dba Innuendo (Molly Ann Kauffman), 510 North Robert Street. (ID #83593)
No one appeared in opposition; Councilmember Harris moved approval
Adopted Yeas - 6 Nays - 0
34. Resolution - 96-15 - Approving application for an Original Container, Cigarette and Liquor
Off Sale License by Michael McCafferty, dba Rite Liquor Store, 645 Snelling Avenue
South. (ID #22189)
No one appeared in opposition; Councilmember Harris moved approval
Adopted Yeas - 6 Nays - 0
35. Resolution - 96-16 - Approving application for a Dance Hall, Entertainment-B, Restaurant-
B, Gambling Location-A, Sunday On Sale Liquor and Liquor On Sale-A License by
Phoenix Flight, Inc., dba Club Metro (James Gaffney), 733 Pierce Butler Route. (ID
#18292)
No one appeared in opposition; Councilmember Blakey moved approval
Adopted Yeas - 6 Nays - 0
36. Resolution - 96-17 - Adopting the Grand Avenue Special District Sign Plan.
No one appeared in opposition; Councilmembers Harris and Megard moved approval
Adopted Yeas - 6 Nays - 0
37. Public hearing to consider the report of the Administrative Law Judge concerning adverse
action against licenses held by Josha Corporation, dba Aabe's Music Shoppe, 1941
University Avenue West.
John McCormick, Assistant City Attorney, provided background information stating that
this issue went before an Administrative Law Judge for an adverse hearing. A recommen-
dation was submitted to Council by the ALJ and Council has the right to adopt, reject or
modify the recommendations.
January 3, 1996 City Council Summary Minutes Page 9
Gail Langfield, Assistant City Attorney representing the Office of License, Inspections,
and Environmental Protection, reviewed the report of the Administrative Law Judge. The
business was relocated from 1733 University Avenue to 1930 University Avenue and a
new license was not acquired for that location even though they were notified by the City
of this requirement. They operated for four or more months without a license. The ALJ
concluded that a violation of the ordinance took place. The Office of LIEP requested that
a $1000 fine be imposed. In addition the costs for the hearing in the amount of $2,237.46
could be imposed on the business owner. LIEP requested that 20% of the ALJ costs be
added to the penalty.
Shawn Sweeney, Owner of Josha Corporation, explained that he obtained a second hand
dealer's license in September, 1993. In April the company transferred to a larger facility
and the license was in force until September of 1995. He explained the steps they took in
their move including the announcement of a change of address to LIEP and their vendors.
He indicated he was told in July by Saint Paul Police Officer Polyak that it was necessary
to transfer the license. That was done within two to three weeks of meeting with the
officer.
Mr. Sweeney acknowledged that at the ALJ hearing on September 21, 1995, they admitted
that the license was not transferred, pled guilty and asked for dismissal of all other
concerns. At that point, the City Attorney chose to proceed with the hearing which
consisted of all the other charges for which they have been acquitted.
LIEP acknowledged that there is no matrix concerning second hand dealers and Mr.
Sweeney questioned the $1000 fine which is based on the liquor matrix. He noted that the
All did not make a recommendation on a fine even though LIEP suggested a $1000 fine.
Councilmember Harris moved to close the public hearing. Yeas - 6 Nays - 0
Referring to Items 6, 8, and 10 in the Conclusions, Councilmember Harris noted that the
ALJ stated that the licensee did not violate the noted allegations. He questioned if the
recommendation was based solely on the license transfer.
Councilmember Megard questioned the length of time the licensee operated without proper
licensing. Ms. Langfield responded that the business opened approximately April 19,
1995, and LIEP reported written communication was sent in August or September
informing Aabe's that a new license was required for the 1930 University location.
Ms. Langfield stated hearings were held on November 8 and November 15 at which time
Aabe's refused to admit the allegations. Contrary to Attorney Poirier's statement, the
allegations were before the administrative law judge, Langfield stated. Two witnesses
January 3, 1996 City Council Summary Minutes Page 10
testified regarding the transfer of the license and evidence was in the record regarding the
transfer.
Councilmember Rettman noted that the findings of facts do not address the issue of
whether anything was admitted or not. She questioned Mr. McCormick if administrative
costs could be imposed to which he replied in the affirmative.
Councilmember Blakey asked Mr. Kessler, LIEP Director, for his opinion on the violation
and the matrix.
Mr. Kessler responded that LIEP stands behind the findings of the ALJ. The reason for
recommending the additional cost was that they felt it was a case that took a considerable
amount of time in the entire process of determining the outcome.
Councilmember Blakey moved to impose a $1000 fine.
Further discussion ensued and Councilmember Rettman moved to amend Councilmember
Blakey's motion to include a charge of$400 for administrative costs.
Councilmember Harris spoke against the motion stating that the ALJ was obtained in order
to be objective on what the facts of the case were. He again noted there were several
things the licensee was found not guilty of in the conclusions. He felt the fine was
excessive based on the conclusions of the ALJ and that it was not consistent with what
Council has done in the past.
Accepted report of the Administrative Law Judge plus $1000 fine imposed and $400 for
All costs.
Yeas - 5 Nays - 1 (Harris)
January 3, 1996 City Council Summary Minutes Page 11
Councilmember Megard moved adjournment. Yeas - 6 Nays - 0
ADA' ED A 4:50 P.M.
11
tia
vid T d nM i f ncil President
ATTEST:
Minutes approved by Council
*--A\•,.., Z- .
Nancy An arson
Assistant City Council Secretary e.re _ y \`\% L
w O
c
O
c\e
c.)
z °N
W
U a
Or''
V1
H
z
a
w
a
a