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Approved Minutes 1-10-1996 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Wednesday, January 10, 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 3:40 p.m. by Council President Thune. Present - 4 - Bostrom, Harris, Megard, Thune Absent - 3 - Blakey, Guerin (excused) Rettman (arrived after the consent agenda) Councilmember Harris moved to recess the City Council meeting to consider the HRA consent agenda. Yeas - 4 Nays - 0 Councilmember Harris moved to recess the HRA meeting and resume the Council meeting. Yeas - 4 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 Harris requested items 17 and 18 be removed for discussion Councilmember Harris moved approval of the consent agenda as amended. Roll Call Yeas - 4 Nays - 0 1. Approval of minutes of September 20, 1995. Adopted Yeas - 4 Nays - 0 2. Claims of Robb R. Francis, Donna Friberg, Rebecca Smith, Robert J. Waline, Joan K. Zoccoli, and Gordon Glenroy McKree. Referred to the City Attorney's Office 3. Letter from the Office of the City Attorney announcing a public hearing before the City Council on January 17, 1996, to consider the report of the Administrative Law Judge concerning adverse action against licenses held by Rozenkranz Industries, Inc., dba Rosey's Coffeehouse, 613 Grand Avenue West. January 10, 1996 City Council Summary Minutes Page 2 4. Letter from the Office of the City Attorney announcing a public hearing before the City Council on January 24, 1996, to consider adverse action against licenses held by Attucks- Brooks American Legion Post No. 606, 976 Concordia Avenue. (Uncontested) 5. Letter from the Department of Planning and Economic Development announcing a public hearing before the City Council on January 24, 1996, to consider the appeal of Dayton's Bluff Center for Civic Life to a decision of the Planning Commission granting a special condition use permit to allow outdoor sales of used automobiles at 672 Arcade Street (northeast corner of Arcade and Margaret). 6. Communication from St. Paul Animal Control dated January 2, 1996, announcing a request from the University of Minnesota Research Lab for unclaimed dogs and cats. 7. Executive Order: E-52 Appointing Richard J. Long to serve in the Mayor's stead as a member of the Metropolitan Airports Commission effective January 1, 1996. Noted as on file in the City Clerk's Office 8. Administrative Orders: D00789 Amending the 1995 budget in the Division of Libraries to purchase a copy machine. D00790 Addition of$3,160 to the contract for roof replacement at the Como Forestry Building, 1224 Lexington Parkway. D00791 Authorizing the purchase of lunches, with funds provided by a Federal LSCA grant, for a joint orientation of the Ronald M. Hubbs Learning Center and Lexington Branch Library Staff. D00792 Amending the 1995 budget in the Budget Office to cover deficits that will occur at various major object levels based on expected expenditures for the remainder of 1995. D00793 Amending the 1995 budget in the Department of Public Works/Survey Activity. D00794 Amending the 1995 budget in the Mayor's Office to reflect actual salary spending during 1995, purchase of computer network hardware and software, and purchase of three computers. D00795 Amending the 1995 budget in the Department of Public Works for higher than estimated sales tax and shipping charges on GIS hardware and software. D00796 Amending the 1995 budget in the Department of Public Works/Lighting Maintenance Assessment Districts Fund. D00797 Addition of$2,485.60 to the contract for hazardous material abatement at the Civic Center. D00798 Addition of $9,948.83 to the contract for Street Lighting System on the Albert/Eleanor CSSP. January 10, 1996 City Council Summary Minutes Page 3 D00799 Addition of$14,894 to the contract for Saint Paul Civic Center Expansion, CP-3 Temporary Facilities. D00800 Addition of$23,270 to the contract for Saint Paul Civic Center Expansion, CP-3 Temporary Facilities. D00801 Amending the budget of the Community Development Block Grant Fund in the Department of Planning and Economic Development by increasing the Newell Park Sitework Project budget. D00802 Amending the 1995 budget in the Division of Parks and Recreation to allow for payments made to Dayton's and the Minnesota State Fair for use of their parking lots during Saints games and special events held at Midway Stadium. D00803 Amending the 1995 budget in the Division of Parks and Recreation to reflect proper spending authority for anticipated year-end expenditures. D00804 Amending the 1995 budget in the Office of Human Resources by moving year-end dollars into appropriate spending codes to accurately reflect spending. Noted as on file in the City Clerk's Office 9. 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. (Laid over from January 3 for adoption) Adopted Yeas - 4 Nays - 0 10. 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. 12. (Laid over from January 3 for adoption) Adopted Yeas - 4 Nays - 0 11. 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. (Laid over from January 3 for adoption) Adopted Yeas - 4 Nays - 0 12. Resolution - 96-23 - Approving the election of Gerry Strathman as Secretary of the City Council. Adopted Yeas - 4 Nays - 0 13. Resolution - 96-24 - Approving the election of Nancy Anderson as Assistant Secretary of the City Council Adopted Yeas - 4 Nays - 0 January 10, 1996 City Council Summary Minutes Page 4 14. Resolution - 96-25 - Amending Civil Service Rule 2, Definitions, to make them a more complete reference for users. (To be laid over one week for adoption) Laid over to January 17 for adoption 15. Resolution - 96-26 - Approving payment of$13,750 to Deborah Callahan and $4,600 to State Farm Insurance Company in full settlement of their claim against the City of Saint Paul. Adopted Yeas - 4 Nays - 0 16. Resolution - 96-27 - Requesting that C.F. 95-1449, adopted December 13, 1995, commanding the abatement, by rehabilitation or demolition, of property located at 697 East Fourth Street be stayed and laid over for a period of sixty (60) days from adoption of resolution. Adopted Yeas - 4 Nays - 0 17. Resolution - 96-28 - Directing deposits of hotel/motel tax for holiday lighting in downtown St. Paul. Councilmember Harris moved to introduce a substitute resolution and approval. Substitute adopted Yeas - 5 Nays - 0 18. Resolution - 96-29 - Establishing that City payments for costs associated with the use of cellular telephone services shall not exceed $600 annually for each Councilmember office. Councilmember Megard noted there are caps on other expenditures in City Council Offices and she felt a cap of$600 on the use of cellular telephones would allow for ample use. In light of City Council budget discussions, this is one area where an effort could be made to cut costs, Megard stated. Councilmember Harris responded that Council incurs various expenses such as travel costs, printing costs, etc., and some members have more expenses than others. He spoke in favor of moving this expense into the allocation for individual budgets and allowing each Councilmember to manage use of their cell phone. Council President Thune indicated he did not feel this should be a line expense and, further, does not feel the expense for cellular phones is excessive in light of the entire budget. Councilmember Rettman said she has always been in support of dividing the Council budget seven ways and allowing each Councilmember to manage their own budget. She did not feel this expense should be isolated noting that there are other expenses, such as long distance telephone calls, postage, etc. that could be taken into consideration as well. January 10, 1996 City Council Summary Minutes Page 5 She felt the issue should be looked at overall in terms of what people need to do to serve the citizens in their ward most effectively. Councilmember Megard moved approval. Failed Yeas - 2 Nays - 3 (Bostrom, Harris, Thune) FOR DISCUSSION 19. 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 January 3) Councilmember Megard moved approval. Adopted Yeas - 4 Nays - 1 (Rettman) 20. 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 January 3) Councilmember Rettman questioned Lieutenant Briggs, St. Paul Police Department, on the use of St. Paul companies, as opposed to any outside the City, for vendors to lease vehicles. Lt. Briggs responded that to date all leasing has been with vendors within the City of St. Paul. At this time, only one vendor is being used. Councilmember Rettman asked Lt. Briggs for his opinion to amend the resolution to state that only companies within St. Paul would be used. Lt. Briggs responded it would not be a problem as long as they can be assured of vehicle availability as it is sometimes necessary to turn the cars over on a fairly short notice. John McCormick, Assistant City Attorney, reported that limiting vendors to within City limits may not pass an equal protection challenge. He said the City Attorney's Office will research the issue for future contracts. Councilmember Rettman moved approval. Adopted Yeas - 5 Nays - 0 21. Resolution - 96-30 - Amending the Civic Center construction budget by $9,681,982 to reflect additional financing from interest earnings. Councilmember Harris moved to introduce a substitute resolution. Roll Call Yeas - 5 Nays - 0 January 10, 1996 City Council Summary Minutes Page 6 Councilmember Rettman distributed an amendment indicating that $4.5 million and the interest earnings on that amount will be determined by the City Council in accordance with Attachment A and to make it clear to the Civic Center Authority, the Expansion Committee, City Staff, and Administration. Councilmember Harris distributed an amendment which removed the interest earnings from the current resolution. When the refinancing was done to release the money, one of the conditions put on was at the time of refinancing in April or May there would be a discussion as to what components of the renovation need attention and where the resources should be allocated to achieve that goal. Councilmember Harris moved approval Substitute amended and adopted Yeas - 5 Nays - 0 22. Resolution - 96-31 - Requesting the Office of License, Inspections and Environmental Protection and the Department of Public Works explore the possibility of establishing a "Free Market Zone" on Shepard Road/Warner Road between Warner Park and Chestnut Road, and report back to the City Council by March 31, 1996. Councilmember Harris explained this resolution is only a request to have the Office of LIEP and the Department of Public Works explore the options for a "Free Market Zone". There was discussion in a Housing and Redevelopment Authority meeting on ways to bring people to the river, make it more affordable to families, and be a positive for St. Paul businesses. Councilmember Megard pointed out that a considerable amount of dollars were expended to improve Shepard/Warner Road for automobile traffic. She questioned the need for the free market zone but indicated she will support the investigation. Public Works staff should review traffic patterns to determine safety, Councilmember Rettman stated. She questioned if this was a top priority at this time as it would be expensive to implement. There are numerous priorities that need to be done in the city. She suggested the possibility of the Riverfront Corporation conducting the study and funding the closing if it materializes. Councilmember Bostrom spoke in support of the study stating that a free market zone would be a positive to the riverfront by generating pedestrian traffic. January 10, 1996 City Council Summary Minutes Page 7 The riverfront is a priority, Harris stated, and the idea behind the study is to take a look at how it could be more pedestrian friendly. Councilmember Harris moved approval. Adopted Yeas - 4 Nays - 1 (Rettman) 23. Resolution - 96-32 - Requesting that the Department of Public Works investigate methods of closing off Shepard Road between Randolph Avenue and Jackson Street on Saturdays and Sundays during the months of May through September for recreational purposes. Councilmember Harris noted that this resolution also is only calling for a study at this time. This area of Shepard Road has been closed in the past for special events and positive comments were received. Councilmember Bostrom expressed concern with closing any part of Shepard Road as it carries a large amount of traffic to and from the airport. Also, it would mean closing off a main access road for fire vehicles. Councilmember Megard indicated her interest in having the issue looked at including cost factors. Councilmember Harris moved approval. Failed Yeas - 3 Nays - 2 (Bostrom, Rettman) ORDINANCES 24. 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. (Laid over from January 3) Councilmember Megard presented an amendment which put back in the requirement for a special condition use permit for beauty parlors and barber shops. "Photographers" were added to the section "Principal uses permitted". Amended and laid over to January 17 for final adoption Yeas - 5 Nays - 0 25. Final Adoption - 95-1480 - An ordinance amending Chapter 55 of the Saint Paul Legislative Code pertaining to the Minnesota Uniform Fire Code. Councilmember Rettman moved approval. Adopted Yeas - 5 Nays - 0 January 10, 1996 City Council Summary Minutes Page 8 26. Final Adoption - 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. Councilmember Rettman moved approval. Adopted Yeas - 5 Nays - 0 27. Final Adoption - 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. Councilmember Rettman moved approval. Adopted Yeas - 5 Nays - 0 28. First Reading - 96-33 - An ordinance extending the NSP gas franchise from March 31, 1996 to June 30, 1996. Laid over to January 17 for second reading 29. First Reading - 96-34 - An ordinance extending the NSP electric franchise from March 31, 1996 to June 30, 1996. Laid over to January 17 for second reading PUBLIC HEARINGS 30. Resolution - 96-35 - Approving application for an Auto Repair Garage and Second Hand Dealer-Motor Vehicle License by Maryland Avenue Auto Sales & Repair, 1200 Jackson Street. (ID #85698) No one appeared in opposition; Councilmember Rettman moved approval. Adopted Yeas - 5 Nays - 0 31. Resolution - 96-36 - Approving application for an On Sale Malt (3.2) and Restaurant-B License by Galles Restaurants Inc., dba Seasons Inn (Daniel C. Galles), 1155 Montreal Avenue. (ID #58797) No one appeared in opposition; Councilmember Harris moved approval. Adopted Yeas - 5 Nays - 0 32. Resolution - 96-37 - Approving application for a Dance or Rental Hall License by National Guard Armory East St. Paul, 1530 Maryland Avenue East. (ID #45879) Councilmember Bostrom moved to lay over one week. Laid over to January 17 Yeas - 5 Nays - 0 January 10, 1996 City Council Summary Minutes Page 9 33. Resolution - 96-38 -Approving the decision of the Legislative Hearing Officer on Property Code Enforcement Appeals for property located at 624 Fuller Avenue and 656 Short Street. No one appeared in opposition; Councilmember Harris moved approval. Later in the meeting Councilmember Rettman moved to recall 656 Short Street and lay over to January 24. Adopted as amended (656 Short Street laid over to January 24) Yeas - 5 Nays - 0 34. Final Order - 95-1403 - In the matter of improving Ohio Street from George Street to Annapolis Street. (File #18800) (Laid over from November 29, 1995) Councilmember Harris moved to lay over one week. Laid over to January 24 Yeas - 5 Nays - 0 35. Final Order - 95-1404 - 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 improving Ohio Street from George Street to Annapolis Street. (File #18800-Conn) (Laid over from November 29, 1995) Councilmember Harris moved to lay over one week. Laid over to January 24 Yeas - 5 Nays - 0 36. Final Order - 96-39 - In the matter of assessments for the Cretin/Bayard Area Residential Street Paving Project, including the construction of concrete curb and gutter, bituminous roadway, concrete aprons and outwalks, sewer repairs, and refurbishing of existing lighting system on Mount Curve Boulevard from Ford Parkway to Randolph Avenue. (File #18802MC) (Laid over from December 20, 1995) Councilmember Harris recalled that this project was laid over from a previous final order as there were residents who were questioning if the street should be narrowed or left as is. Response cards were sent out by Public Works and the neighborhood voted to keep the street the same width. Councilmember Harris moved to present an amendment to this effect. Harris further explained that four years ago these property owners had their street and gutters re-done as part of another street project. Rather than having both the City and property owners go through the expense again of re-doing the street, specific property owners will be removed from the project. Paul Mason, 695 Mt. Curve Boulevard, questioned why this street work would be done again when it was done only four year ago. He noted that the bituminous surface, concrete, aprons and walkouts are all in perfect condition and asked why the City would want to expend dollars on something that does not need repair. January 10, 1996 City Council Summary Minutes Page 10 Councilmember Harris requested that Public Works staff inform Council of the additional cost the street work would cost taxpayers and also that photographs be taken of the area as it presently exists. Councilmember Megard requested Public Works staff to report back in two weeks on what the City's policy is on opting out of the program. She said she feels different rules are being made for different people. Amended and laid over to January 24 Yeas - 5 Nays - 0 37. Final Order - 96-40 - In the matter of improving the following streets and doing all other work necessary to complete improvement for the Ivy/Birmingham Area Street Paving and Lighting Project: Sherwood Avenue from Prosperity Avenue to Hazelwood Street; Ivy Avenue from Clarence Street to Prosperity Avenue; Etna Street from Ivy Avenue to the cul-de-sac; Birmingham Street from Maryland Avenue to Arlington Avenue; Barclay Street from Prosperity Avenue to Arlington Avenue; and Hazelwood Street from Clear Avenue to Prosperity Avenue. (File #18810) No on appeared in opposition; Councilmember Bostrom moved approval. Adopted Yeas - 5 Nays - 0 38. Final Order - 96-41 - 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 Ivy/Birmingham Area Street Paving and Lighting Project. (File #18810-Conn) No on appeared in opposition; Councilmember Bostrom moved approval. Adopted Yeas - 5 Nays - 0 39. Final Order- 96-42 - In the matter of improving the following streets for the Fourth/ Howard Area Street Paving and Lighting Project: East Fourth Street from Ruth Street to McKnight Road; Fremont Avenue from Ruth Street to Howard Street; Pedersen Street from East Third Street to East Fifth Street; Howard Street from East Third Street to East Fifth Street; and Winthrop Street from East Fourth Street to East Fifth Street. (File #18812) No on appeared in opposition; Councilmember Bostrom moved approval. Adopted Yeas - 5 Nays - 0 January 10, 1996 City Council Summary Minutes Page 11 40. Final Order - 96-43 - 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 Fourth/Howard Area Street Paving and Lighting Project. (File #18812-Conn) No on appeared in opposition; Councilmember Bostrom moved approval. Adopted Yeas - 5 Nays - 0 41. Resolution - 95-1399 - Approving the revised Neighborhood Sales Tax Revitalization (STAR) Program guidelines and acceptance of STAR annual report. (Laid over from November 29, 1995) Amy Filice, Department of Planning and Economic Development, reviewed the revised guidelines. She said staff feels the guidelines allow for great latitude and creativity in the proposals as they come in. She stated they are committed to helping organizations use the funds to address the needs in their particular neighborhood. In discussions with Ken Ford of PED regarding the Community Development Agenda, Ms. Filice noted that a point he made was that the public, private, and foundation sectors are all going to respond for help in the same way due to reduced resources. With the STAR Program, Ms. Filice said they are trying to provide their own solution to this problem and together with the loan funds they are assured that good work can be done in the neighborhoods today and more good work in the future. Ms. Filice provided an update on the status of proposals that were approved by Council in 1995. (Harris left and returned during the discussion) Ms. Filice presented amendments that were discussed and accepted by Council and will be incorporated into the Guidelines. Councilmember Megard expressed appreciation that the administrative costs will be reasonable. She said she felt there is a real discrepancy with the use of sales tax funds at this time in what is allowed as legal under the Civic Center's collection and use of funds for administrative purposes, and what has been said may or may not be allowed under the neighborhood sales tax portion. She said she will be asking for an opinion from the City Attorney for clarification. In one case the interest from the sales tax is allowed to pay administrative costs but not in other cases. She said she is looking for consistency. There is a lot of confusion in the neighborhoods as to why PED is allowed to collect interest, fees, etc. and not allowing the same for neighborhood organizations, Megard stated. January 10, 1996 City Council Summary Minutes Page 12 Councilmember Megard expressed concern with the intent to take out the words "neighborhood revitalization and put in its place "the intent of the STAR Program is to create a growing fund source." In her understanding, this was not the Legislative intent for collection of the neighborhood sales tax. There is less emphasis on neighborhood revitalization and more emphasis on "let's create a fund; let's become a bank", she said. A philosophy seems to be growing with acceptance that something is going to be created downtown in PED and the City is not going to make it as easy as possible to get the money into the neighborhoods. The money was a sales tax collected without a vote by the public, for the purpose of neighborhood revitalization. Megard said she is concerned about the barriers that seem to exist, the bureaucracy that's being established, and the complicated language. It should be something neighborhood groups understand and put to good use to revitalize St. Paul. It is a program not to create a pot of money but to revitalize the neighborhoods. Councilmember Harris responded that the reason for the revolving loan operator is to accommodate the community groups that could not afford to take the risk on some of the recourses. When the money can be revolved and more than one neighborhood group can use it, it will benefit a larger number of individuals. David Stokes, Saint Paul Port Authority, stated the Port Authority worked closely with PED on the process and they are comfortable with the changes that have been made in the recourse nature of the loans. There are some collateral issues the Port Authority wants to clarify. Regarding loan and grant sizes, it is the nature of the Port Authority to work closely with neighborhood groups; however, they also work on larger projects and will have to come in for larger dollar amounts. He expressed hope that the City will be comfortable with that as it transpires in the future. Susan Kimberly, Executive Director, St. Paul Coalition for Community Development, expressed her appreciation to staff for the time spent on revising the program Councilmember Megard moved approval. Adopted as amended; amendments were also made to the Guidelines. Yeas - 5 Nays - 0 42. Public hearing to consider the appeal of Richard Berget, dba Sunrise Enterprises, to a decision of the Board of Zoning Appeals denying a variance of the required 100 foot separation between a game room and the nearest residential property at 1134 Rice Street. John McCormick, Assistant City Attorney, outlined the issue in question and the procedures for Council to follow in their deliberations. Council must find if there is error in any fact, procedure, or finding, the Council's decision must be supported by evidence contained in the record and must have a factual basis for any deviation or finding of error. January 10, 1996 City Council Summary Minutes Page 13 Council has the option of affirming, reversing, or modifying the findings of the Board of Zoning Appeals. John Hardwick, Office of License, Inspections, and Environmental Protection, provided a staff report noting on November 13, 1995, the Board of Zoning Appeals denied Richard Berget's application for a variance for a separation requirement between a game room/pool hall and residential property. The Board based their decision on four findings: 1) the property in question could be put to a reasonable use under the strict provisions of the code; 2) the plight of the land owner was due to circumstances at least partially created by the property owner; 3) the proposed variance was not in keeping with the spirit and intent of the code and it was not consistent with the health, safety, comfort, morals or welfare of the inhabitants of the City. There was concern that the pool hall would become an after- hours "hangout" for youth. Taking into consideration the proximity of the schools in the area and the lack of other game rooms in the area, there is some basis for the concern, Hardwick stated. In the past, game rooms and pool halls have tended to have a disruptive effect when located in close proximity to residential property. The applicant did not provide information as to how he proposed to monitor and control behaviors of the customers if it became a problem; 4) the proposed variance will not impair an adequate supply of light and energy to the adjacent property, but it would alter the essential character of the surrounding area and could affect and diminish the established property values within the surrounding area. The pool hall/game room was not intended to have any exterior additions to the building, but by its nature would attract a different clientele to the neighborhood than the former VFW did. Testimony was received from the following individuals: Richard Berget, property owner, stated he had a petition signed by adjoining home owners and businesses. The Priest at St. Bernard's Church also signed the petition and agreed to allow parking in the church lot as did the VFW and some other surrounding businesses. As the neighbors found out exactly what the establishment would consist of, he said he has received little negative feedback. Tom Koelndorfer, 119 West Jessamine, spoke in support of Mr. Berget's proposed establishment. Tom is a teenager who lives nearby. He noted that he often goes to a similar establishment in Oakdale of which he spoke highly. He liked the idea of having a non-alcoholic, smoke-free establishment where teens could go and would not have to rely on a car to get there. He stated there is little in the way of entertainment in St. Paul for youth and they generally have to go to the suburbs for their entertainment. Ray Morrisette, owner of a non-smoking pool hall in Oakdale spoke in support of Mr. Berget's appeal. He talked about the positives of the teens who frequent his establishment and he felt this would be a positive rather than a negative in the Rice Street area. January 10, 1996 City Council Summary Minutes Page 14 Speaking in opposition was Marvin Johnson, 115 West Jessamine Avenue, who lives in close proximity to the establishment. He felt it would be an intrusion on the neighborhood and would attract problem clientele. Councilmember Harris moved to close the public hearing. Roll Call Yeas - 5 Nays - 0 Councilmember Rettman noted there was nothing presented to show error in the decision of the Board of Zoning Appeals. There is a distance requirement of 100 feet and this would only be 40 feet. She indicated Council has no choice but to deny the appeal and she moved for denial. Appeal denied Yeas - 5 Nays - 0 Suspension Items Councilmember Harris moved for suspension of the rules and approval of the following resolution: Resolution - 96-44 - Approving application for a Cigarette, Restaurant-B, Entertainment-B, Sunday On Sale Liquor and Liquor On Sale-A License by Rodan, Inc., dba Champps, 2401 7th Street West. (ID #21859) Adopted Yeas - 5 Nays - 0 Councilmember Rettman moved for suspension of the rules and approval of the following resolution: Resolution - 96-45 - Authorizing the Department of Finance and Management Services to initiate all necessary action leading to the issuance of City General Obligation Bonds on March 13, 1996 with City Council awarding bids that afternoon. Adopted Yeas - 5 Nays - 0 Councilmember Rettman moved for suspension of the rules and approval of the following resolution: Resolution - 96-46 - Approving the Rental Tax Equity; Saint Paul Pilot Project 1995 Report. Adopted Yeas - 5 Nays - 0 Councilmember Megard moved to adjourn the meeting. Yeas - 5 Nays - 0 January 10, 1996 City Council Summary Minutes Page 15 • 1 • 5:40 P.M. FA r .4 ifir vid pr e, Coun President ATTEST: Minutes approved by Council Nancy And rson 0, .. -3 \ ` \ck ck Assistant Council Secretary mce