Minutes 11-02-1994 SLIMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, November 2, 1994 - 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- Councilmembers Blakey, Harris, Megard, Grimm, Guerin, Thune
Absent - 1- Councilmember Rettman (arrived shortly after roll call)
CONSENT AGENDA
Councilmember Blakey moved approval of the Consent Agenda.
Roll Ca11 Yeas - 6 Nays - 0
FOR ACTION
(Councilmember Rettman was not present for the votes on Items 1-18)
1. Claims of Mary Keating, Rosemary McNeely, Kari Sperry, and Dennis A. Stiles.
Referred to the City Attorney's Office
2. Letters from the Division of Public Health declaring 15 Acker Street West, 297 Bates Avenue,
35 Geranium Avenue West, 1013 Greenbrier Street, and 926-932 Selby Avenue/161 Milton
Street North as "nuisance properties. (For notification purposes only; public hearing will be
scheduled at a later date if necessary.)
3. Letters from the Division of Public Health declaring 655 Desoto Street, 942 Duchess Street, 385
Lawson Avenue East, and 342 Magnolia Avenue East as "nuisance properties" and setting dates
of Legislative Hearings for November 15, 1994, and City Council Hearings for November 23,
1994.
4. Letter from the Department of Planning and Economic Development setting date of public
hearing for November 9,1994, to consider the zoning case of Rein Midway Limited Partnership,
1560 University Avenue (Midway Shopping Center).
5. Letter from the Department of Planning and Economic Development setting date of public
hearing for November 9, 1994, to consider the zoning case of Arthur Jacobson for a Preliminary
and Final Plat at 1388 Point Douglas Road South.
6. Letter from the Department of Planning and Economic Development setting date of public
hearing for November 9, 1994, to consider the request of Hearmore Company (Gilbert Sceli)
to rezone property from R-4 (residential) to OS-1 (office) to allow a hearing aid dispensary
o�ce at 1445 White Bear Avenue.
November 2, 1994 City Council Summary Minutes Page 2
7. Letter from the Department of Planning and Economic Development setting date of public
hearing for November 9, 1994, to consider the appeal of Daniel Dobson to a decision of the
Planning Commission granting a special condition use permit to allow shared commercial
parking in an institutional parking lot at 1549 Grant Avenue (north side between Snelling and
Saratoga)
8. Letter from the Department of Planning and Economic Development setting date of public
hearing for November 16, 1994, to consider the appeal of Downtowner Car Wash, Jay
Montpetit, to a decision of the Planning Commission approving a special condition use permit
to allow outdoor sales of used automobiles at Kittson Street (southwesterly side between East
Seventh Street and Interstate 94).
9. Letter from the Office of the City Attorney announcing date of hearing before an
Administrative Law Judge on November 22, 1994, at 9:30 a.m., Roorn 40-B City Hall/Court
House in the matter of licenses held by Dale A. Sweno, dba Arbuckle's Bar & Grill, Inc. and
C.J. Truck Rental, 374 St. Peter Street.
10. Administrative Orders:
D00295 Addition of $1,598 to the contract for Hillcrest Community Recreation Center Site
Development - Part Two.
D00296 Addition of $1,457.51 to the contract for demolition and construction of the
Memam Park Library, Marshall and Fairview Avenues.
D(�297 Authorizing payment of $213.75 to DuAll Service Contractors, Inc. for services for
damages sustained at residence located at 1124 Conway Street.
D00298 Authorizing payment of $426 to ServiceMaster's for services for damages sustained
at residence located at 1124 Conway Street.
Noted as on file in the City Clerk's Office
11. Resolution - 94-1541 - Approving renewal of various On Sale Wine and Supporting Licenses
by: Princess Garden, 1665 Rice Street; Carmelds, 238 Snelling Avenue South; and Bakers
Square Restaurant & Bakery, 917 Grand Avenue. (ID #35808-83611) (Laid over from October
26 for adoption)
Adopted Yeas - 6 Nays - 0
12. Resolution - 94-1542 - Approving the reappointment of Barbara Lukerman, by Mayor Coleman,
to District Energy, St. Paul, Inc. (Laid over from October 26 for adoption)
Adopted Yeas - 6 Nays - 0
13. Resolution - 94-1583 - Affirming the decision of the Board of Zoning Appeals to grant a
parking variance to United Stores, 1784 Montana Avenue, and confirming the decision of the
City Council to deny the appeal of Lowell F. Sorenson.
Adopted Yeas - 6 Nays - 0
14. Resolution - 94-1584 - Amending the Library Special Revenue Fund by using fund balance in
the amount of $138,452 to allow for the purchase of additional library materials, computer
hardware printers and software, microform reader/printer and other furniture items.
Adopted Yeas - 6 Nays - 0
November 2, 1994 City Council Summary Minutes Page 3
15. Resolution - 94-1585 - Reducing the assessment amount for an inconectly assessed parcel for
the Albert/Eleanor Area Storm Sewer Separation Project. (File 18704)
Adopted Yeas - 6 Nays - 0
16. Resolution - 94-1586 - Amending Council Resolution 94-1514 adopted October 12, 1994 to
reflect changes recommended by the Legislative Hearing Officer.
Adopted Yeas - 6 Nays - 0
17. Resolution - 94-1587 - Amending the 1994 budget by adding $157,218 to the Financing and
Spending Plans in the Department of Finance and Management Services for a Joint Disparity
Study between the City of Saint Paul, Ramsey County, and Independent School District 625.
Adopted Yeas - 6 Nays - 0
FOR DISCUSSION
18. Resolution - 94-1409 - Ordering the owner(s) to repair or remove the building at 692 Fourth
Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval) (Laid over from October 5)
Councilmember Guerin moved for a one-week layover.
Laid over to November 9 Yeas - 6 Nays - 0
(Councilmember Rettman arrived at this time)
19. Resolution - 94-1588 - Approving the addition of History Day Support Group to the eligible list
for the 10% Club for 1994. (Laid over from October 19)
Councilmember Megard moved approval of the resolution based on a second review that was
done by the History Day Support Group and recommendation of the Youth Programs Fund
Advisory Board.
Adopted Yeas - 7 Nays - 0
20. Resolution - 94-1589 - Approving disbursement of Youth Program Funds in the amount of
$967.00 to History Day Support Group. (Laid over from October 19)
Councilmember Megard moved approval of the resolution based on the recommendation of the
10% Club.
Adopted Yeas - 7 Nays - 0
21. Resolution - 94-1544 - Amending the 1994 Budget by adding $200,000 for Summary
Abatement/Cleanups. (Laid over from October 26)
Councilmember Rettman moved introduction and approval of a substitute resolution.
Discussion ensued pertaining to the manner in which these funds are replenished.
Substitute introduced and adopted Yeas - 7 Nays - 0
22. Resolution - 94-1486 - Adopting an amendment to the Plan for Land Use which is part of the
Saint Paul Comprehensive Plan: Railroad Island Small Area Plan. (Laid over from October
26)
Councilmember Grimm moved for a two-week layover of this item and item 26.
Laid over to November 16 Yeas - 7 Nays - 0
November 2, 1994 City Council Summary Minutes Page 4
ORDINANCES
23. Final Adoption - 94-1310 - An ordinance amending the Legislative Code by adding a provision
which would declare graffiti a blighting influence on the community and that the presence of
gra�ti constitutes a public nuisance subject to the summary abatement procedures contained
in Chapter 45. (Recalled from City Operations Committee September 14) (Laid over from
October 19)
Councilmember Rettman said she would be introducing a companion resolution, which would
go into effect with this ordinance simultaneously, and would give clear policy direction to the
Administration. The resolution explains how a hardship could be established through the
appeals process.
Councilmember Megard requested a delay on the ordinance until she has an opportunity to
review the companion resolution.
Tim Manc, City Attomey, responding to questions regarding a First Amendment challenge,
explained that if the owner states that permission was given for the markings, then the
ordinance would not address such a case. However, he added that the Council will have the
ability to judge the credibility of the owner who says permission was given. He stated that a
case can survive a First Amendment challenge if the marking is determined to be a blighting
influence because it is content neutral.
Councilmember Guerin stated that although this resolution will not solve all gr�ti problems,
it will be a tool for dealing with very offensive markings.
Councilmember Grimm suggested that property owners with graffiti be provided with a flyer
describing ways to remove graffiti.
Chuck Votel, Public Health, said he would see that such materials are prepared. He supported
Councilmember Guerin's argument and added that most property owners are willing to remove
graffiti; this resolution is a tool to deal with the few unwilling property owners who will not
remove the graffiti.
Councilmember Rettman suggested that information be included in the next "Resident Guide".
She stated that the companion resolution would be brought back to the Council in the next two
weeks after she and Councilmember Blakey work with Mr. Votel's and Mr. Marlc's offices to
address concerns with this issue.
Councilmember Blakey moved approval. .
Adopted Yeas - 7 Nays - 0.
24. Final Adoption - 94-1487 - An ordinance amending Chapter 87 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 Guerin moved approval.
Adopted Yeas - 7 Nays - 0
25. Final Adoption - 94-1489 - An ordinance amending Chapter 102 of the Saint Paul
Administrative Code creating the Police-Civilian Internal Affairs Review Commission by
repealing the "sunset clause" therein and thus provide for the continuation of the commission
as an administrative entity of the City.
Councilmember Megard moved approval.
Police Chief Finney provided the following breakdown of costs required to staff the commission:
November 2, 1994 City Council Summary Minutes Page 5
538,000 for staff salary; $10,000 for investigation fees, and S50 per member per meeting, which
totals a53,000 yearly.
Adopted Yeas - 7 Nays - 0
26. Final Adoption - 94-1490 - An ordinance amending Chapter 60 of the Saint Paul Legislative
Code pertaining to zoning for the City of Saint Paul and the zoning maps thereo£ (Railroad
Island Small Area Plan)
Councilmember Grimm requested two-week layover for this item and item 22.
Laid over to November 16 Yeas - 7 Nays - 0
27. Third Reading - 94-1535 - An ordinance affirming the decision of the City Council on
September 28, 1994, to approve a petition of the Church of the Sacred Heart to rezone property
located at 859-869 Fifth Street East from RT-1 to RM-2. (Public hearing held September 28)
Laid over to November 9 for final adoption.
28. Third Reading - 94-1536 - An ordinance affirming the decision of the City Council on
September 28, 1994, to approve the petition of Rein Midway Limited Partnership to rezone
property located at 1570 University Avenue West from B-2 to B-3. (Public hearing held
September 28)
Laid over to November 9 for final adoption.
29. Second Reading - 94-1560 - An ordinance amending Section 160.03 of the Saint Paul Legislative
Code pertaining to parking meters.
Laid over to November 9 for third reading/public hearing.
30. Second Reading - 94-1561- An ordinance to update and conform city license qualifications and
temporary license regulations to state law. (City Operations Committee recommends approval)
Laid over to November 9 for third reading/public hearing.
31. Second Reading - 94-1562 - An ordinance to amend the definitions and fees in Chapter 423 of
the Saint Paul Legislative Code relating to automobile repair garages and body shops. (City
Operations Committee recommends approval)
Laid over to November 9 for third reading/public hearing.
32. Second Reading - 94-1563 - An ordinance to allow renewals of inactive liquor licenses in cases
of destruction of premises by disaster of nature. (City Operations Committee recommends
approval)
Laid over to November 9 for third reading/public hearing.
33. First Reading - 94-1590 - An ordinance amending Section 94 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.
Laid over to November 9 for second reading.
34. First Reading - 94-1591 - An ordinance amending Ordinance No. 13537, approved January 31,
1967, pertaining to truck routes.
Laid over to November 9 for second reading.
November 2, 1994 City Council Summary Minutes Page 6
PUBLIC HEARINGS
35. Final Order - 94-1592 - In the matter of sidewalk reconstruction at 657 Palace Avenue. (File
�594103)
Councilmember Guerin moved approval.
Adopted Yeas - 7 Nays - 0
36. Final Order - 94-1593 - In the matter of constructing the Davern/Edgcumbe Area Storm Sewer
Separation Project bounded on the east by Snelling Avenue, on the west by Davem Street, on
the north by Ford Parkway and on the south by St. Paul Avenue. (File # 18748)
Ms. Guerra, an Edgcumbe Road resident, stated that her property taxes will increase as the
result of this project and questioned the cost.
Joe Miller, Public Works/Sewers, stated that storm sewer assessments are $.035 per square foot
and street improvements are $25.50 per foot. These assessments provide only about 25 to 30
percent of the actual cost of improvements; the rest of the funds come from State sources and
city taxes. All parts of the City are assessed at the same rate.
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
37. Final Order - 94-1594 - In the matter of improving streets with a new bituminous surfaced
roadway, concrete curb and gutters, concrete driveway aprons and concrete outwalks; boulevards
will be sodded and a lantern styled street lighting system will be installed within the
Davern/Edgcumbe Area Storm Sewer Separation and Paving Project. (File #18749)
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
38. Final Order - 94-1595 - In the matter of constructing sanitary sewer, storm sewer and/or water
service connections, if requested by the property owner, in conjunction with the
Davem/Edgcumbe Area Storm Sewer Separation Project. (File #18750)
Councilmember Harris moved to introduce a substitute, and moved approval.
Substitute introduced and adopted Yeas - 7 Nays - 0
39. Appeal of Martin Evenson to the Summary Abatement Order regarding property at 4A3 �:!�
Wells Street. (Legislative Hearing Officer recommends denial of appeal) ��
No one appeared in opposition; Councilmember Grimm moved to deny the appeal.
Appeal denied Yeas - 7 Nays - 0
40. Resolution - 94-1596 - Approving adverse action against liquor license held by The Mao Family
Corporation, dba Wolter Brothers Pharmacy and Liquor, 438 West University Avenue.
(Uncontested)
Phil Byrne, Assistant City Attorney representing the License O�ce, stated the matrix calls for
a one-day suspension and that was his recommendation also. He said that Mr. Mao's lawyer
explained to Mr. Mao that he has a responsibility to monitor the level of drinking of his
customers.
Henry Mao, license holder, said he did not dispute the facts of this resolution.
Councilmember Blakey moved approvaL
Adopted Yeas - 7 Nays - 0 (One day license suspension)
November 2, 1994 City Council Summary Minutes Page 7
41. Public hearing regarding the Report of the Administrative Law Judge's Findings of Fact,
Conclusions and Recommendations pertaining to adverse action against licenses held by Quick
Pick Grocery, 993 Payne Avenue.
Phil Byrne, City Attomey representing the Licensing Office, stated this was the first cigarette
contested hearing held and the Administrative Law Judge report indicates that the procedures
were proper. This incident occuned prior to the passage of the new ordinance on recovery of
costs, therefore, no costs will be recommended for this case.
Councilmember Grimm moved to adopt the Findings of Fact, Conclusions and
Recommendations of the Administrative Law Judge; $2� fine imposed.
Roll Call Yeas - 7 Nays - 0
Suspension Item
Councilmember Grimm motioned for suspension of the rules to introduce the following
resolution.
Roll Ca11 Yeas - 7 Nays - 0
Resolution - 94-1597 - Requesting the Mayor to not issue any Request for Proposals regarding
the provision of cable television services unless it has been determined that the City Council
is in agreement with the policy changes implicit in such a Request for Proposals.
Pam Wheelock, Mayor's Chief of Staff, requested a correction be made on lines 13 and 14
referring to course of action the Council believes the Mayor intends to pursue that is not in
accordance with policies established by City ordinance. Ms. Wheelock stated they were not
interested in pursuing any course of action that does not comply with existing City ordinances.
The Administration is looking for a way to save money. The City is cunently spending $1.5
million on cable productions; it should be done in a more cost effective manner and those
dollars used to provide ten additional police officers. 1'he Administration will meet with
Councilmember Harris to determine what information the Council needs.
A lengthy discussion ensued pertaining to the Administration's intent to issue an RFP.
Ms. Wheelock stated that the Administration was working on a third draft of an RFP but
assured the Council they would not issue an RFP without Council's approval. She said that if
a formal RFP process will be needed, the Council must act quickly to issue the RFP so that
responses are received in a timely fashion, thus enabling the Council to make budget decisions.
Councilmember Grimm moved to lay this item over for one-week.
Laid over to November 9 Yeas - 7 Nays - 0
Councilmember Megard moved to adjoum the meeting.
Roll Call Yeas - 7 Nays - 0
November 2, 1994 City Council Summary Minutes Page 8
JO NE T 5:45 P.M.
Da 'd e,
Council sident
ATTEST:
✓ Minutes approved by Council
Nancy ders ��� \ 1 \ q � �
Assistant Council ecretary
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