Minutes 10/12/1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COLTNCIL '
Wednesday, October 12, 1994 - 3:30 PM
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
Present - 7- Councilmembers Blakey, Guerin, Grimm, Harris, Megard, Rettman, Thune
Absent - 0
CONSENT AGENDA
NOTE: ALL ITEMS L/STED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO
SEPARATE D/SCUSS/ON OF THESE /TEMS. IF DlSCUSSION IS DES/RED, THAT ITEM WILL BE AEMOVED FROM
THE CONSENT AGENDA AND CONSlDERED SEPARA7ELY.
Councilmember Megard requested #hat Items 23, 24, 34 be removed for discussion.
Councilmember Blakey requested that Item 22 be removed for discussion.
Councilmember Harris requested that Item 32 be removed for discussion.
Councilmember Rettman amended the meeting time of Item 26 to read 9:00 a.m.
Councilmember Megard moved approval of the Consent Agenda as amended.
Yeas - 7 Nays - 0
FOR ACTION
1. Claims of Barbara Kachinsky, Don Kunelius, James L. Redwood, Michael H. Sirian, and
Kathleen A. Zieman.
Referred to the City Attorney's Office
2. Notice and Acknowledgment of Service by Mail and Summons and Complaint in the matter of
Tamara Joy Hopwood vs. the City of St. Paul.
Referred to the City Attorney's Office
3. Notice of potential claim against the City of St. Paul by the League of Minnesota Cities
regarding a water main break on February 7, 1994, in the City of West St. Paul.
Refened to the City Attomey's Office
4. Petition to secure a public hearing regarding alleged nuisance property at 309 Daly Street.
Public hearing will be scheduled by Council President Thune
5. Letter from the Department of Planning and Economic Development, Zoning Section, setting
date of public hearing for October 26, 1994, to consider the request of Max Thieman for a
preliminary plat for a proposed 131ot subdivision for single family residences at 2160 Highwood
Avenue.
6. Letter from the Division of Public Health declaring 73 Atwater Street as "nuisance property".
(For notification purposes only; public hearing will be scheduled at a later date if necessary.
October 12, 1994 City Council Summary Minutes Page 2
7. Letters from the Office of License, Inspection and Environmental Protection (LIEP) announcing
date of public hearings before an Administrative Law Judge on Friday, October 14, 1994, at
9:30 a.m. in the Ramsey County Courthouse, Room 42, Lower Level, 15 West Kellogg
Boulevard, St. Paul, pertaining to C�rrency Exchange License Application of Check Cashing
Place, Inc., 785 East Seventh Street; Cash Alot, 873 Rice Street; and Capital City Check
Cashing, 477 Rice Street. (Interested parties should contact Christine Rozek at 266-9114)
8. Executive Orders:
E-47 Authorizing the Mayor or Mayor's designer to close City buildings, facilities,
operations, work units or departments in the event of an emergency situation.
E-48 Establishiflg an anti-nepotism policy in the City of St. Paul.
Noted as on �le in the City Clerk's Office
9. Administrative Orders:
D�260 Amending the 1987 budget of the Capital Improvement Program/ Haniet Island
Adventure Playground.
D00261 Amending the 1994 budget in the amount of 52,400 in the Department of Fire and
Safety Services for the purchase of a personal computer for Fire Investigations.
D00262 Amending the 1990/1992 budget of the Capital Improvement Program in the
amount of $6,357.56 to install protective fencing along the Jefferson Avenue side
of the Palace Recreation Center.
D00263 Authorizing additional time required to complete the Goodrich-Westera Outlet
Sewer Separation Project.
D00264 Authorizing the Purchasing Division to spend up to $400 per year on refreshments
to support special training sessions and programs offered for Targeted Vendors.
D00265 Authorizing payment not to exceed S5� to the Holiday Inn Fxpress, for classroom
space for Police Department training on "Gr�ti Prevention and Intervention" on
October 27, 1994.
D00266 Authorizing payment not to exceed $4,000 to the Radisson Hotel, Saint Paul, for
classroom space for a Police Department course on "Field Training and Field
Training Supervision on October 10-14, 1994.
D00267 Authorizing payment not to exceed $2,200 to Kowalski's Deli for box lunches for
six two-day courses on "Street Safe-Officer Survival" sponsored by the Saint Paul
Police Professional Development Institute between September 20 and October 26,
1994.
D00268 Authorizing payment not to exceed $400 to the Holiday Inn East or classroom
space for Police Department training on "Dignitary Protection" on October 6, 1994.
D00269 Amending the spending plan of the 1994 budget in the Division of Parks and
Recreation/Grants & Aids.
D�270 Amending the spending plan of the 1994 budget in the Division of Parks and
Recreation/Special Services.
D00271 Implementing new sma11 contract limits authorized through amendments to Chapter
86 of the Administrative Code.
Noted as on file in the City Clerk's Office
October 12, 1994 City Council Summary Minutes Page 3
10. Resolution - 94-1411 - Approving renewal of On Sale wine and On Sale Malt (strong beer) by
Minnesota Historical Society, dba History Center, 345 Kellogg Boulevard West. (ID #57570)
(Laid over from October 5 for adoption)
Adopted Yeas - 7 Nays - 0
11. Resolution - 94-1412 - Approving renewal of various Class III and Supporting Licenses by:
James L. Ulrich, 430 Hatch Avenue; Rihm Motor Company, 2108 University Avenue West;
Len's Auto Service, 1419 7th Street West; Midwest, 259 Como Avenue; Castrds Collision
Center, 786 Robert Street South, Golden Rule Building Parking Lot, 450 Minnesota Street;
Westphal's Auto Repair, 933 Atlantic Street; R.H. Auto Sales, 834 7th Street West; and Gay
and Lesbian Community Action Council/Rumour's, 490 Robert Street North. (ID # 10109-
74132) (Laid over from October 5 for adoption)
Adopted Yeas - 7 Nays - 0
12. Resolution - 94-1413 - Approving renewal of various Class III and Supporting Licenses by:
Johnson Area Youth Hockey/Louie's, 883 Payne Avenue; Highland Theatre 1& 2, 760
Cleveland Avenue South; Johnson Area Hockey/Govemor's, 959 Arcade Street; BFI Medical
Waste Systems of MN Inc., 742 Vandalia Street; and Arrow Auto and Truck Parts, Inc., 780
Barge Channel Road. (ID # 19239-99084) (Laid over from October 5 for adoption)
Adopted Yeas - 7 Nays - 0
13. Resolution - 94-1414 - Approving renewal of various Class III and Supporting Licenses by:
Craig's Country Boy, 922 Thomas Avenue; LePainter Body Shop, 744 3rd Street East;
Anderson-Nelson VFW Post # 1635, 648 Lavvson Avenue East; Quality Metals Inc., 2575
Doswell Avenue; Mike's East Side Aufo Clinic, 510 White Bear Avenue North; Great Westem
Recycling Industries, Inc., 521 Barge Channel Road; and March Motors, 632 Prior Avenue
North. (ID #01363-67945) (Laid over from October 5 for adoption)
Adopted Yeas - 7 Nays - 0
14. Resolution - 94-1415 - Approving renewal of various Class III and Supporting Licenses by:
Roering Auto Body, 90 Da1e Street North; Service Parking, 143 7th Street East; Jensen Durfee
& Associates, 140 7th Street East; and Mr. Tire Service Center, 1201 Rice Street. (ID # 14291-
95805) (Laid over from October 5 for adoption)
Adopted Yeas - 7 Nays - 0
15. Resolution - 94-1417 - Approving the appointment, by Mayor Coleman, of Senator Sandra
Pappas to the Saint Paul Riverfront Corporation. (Laid over from October 5 for adoption)
� Adopted Yeas - 7 Nays - 0
16. Resolution - 94-1418 - Approving the reappointment of Howard Guthman and the appointment
of Andrew Boss, by Mayor Coleman, to the Saint Paul Port Authority. (Laid over from October
5 for adoption)
Adopted Yeas - 7 Nays - 0
17. Resolution - 94-1419 - Approving the reappointment of Richard Willits, by Mayor Coleman, to
the Public Housing Agency of Saint Paul. (Laid over from October S for adoption)
Adopted Yeas - 7 Nays - 0 :
October 12, 1994 City Council Summary Minutes Page 4
18. Resolution - 94-1468 - Approving the appointment of Linda Dieleman, by Mayor Coleman, to
the Saint Paul Food and Nutrition Commission. (To be laid over one week for adoption)
Laid over to October 19 for adoption
19. Resolution - 94-1469 - Approving the appointments of 25 individuals, by Mayor Coleman, to the
Public Safety Advisory Council. (To be laid over one week for adoption)
Laid over to October 19 for adoption
20. Resolution - 94-1470 - Approving the Memorandum of Agreement between the City of St. Paul
and the United Association of Plumbers Loca134 and the Sprinkler Fitters Local Union 417.
(To be laid over one week for adoption)
Laid over to October 19 for adoption
21. Resolution - 94-1446 - Approving the 1994 Agreement between Independent School District No.
625 and the School Service Employees Local No. 284 SEIU, AFLrCIO representing Cook
Managers. (Laid over from OctQber 5 for adoption)
Adopted Yeas - 7 Nays - 0
22. (Discussed later in the meeting.)
23. (Discussed later in the meeting.)
24. (Discussed later in the meeting.)
25. Resolution - 94-1474 - Amending the 1994 Capital Improvement Budget by increasing the
spending and financing of the Combined Sewer Separation Program in the amount of $4,254,678
for the Davem Outlet Phase B project.
Adopted Yeas - 7 Nays - 0
26. Resolution - 94-1475 - Establishing public hearings for the 1995 sanitary sewer service charges
and the 1995 storm sewer system charges on November 2, 1994.
Adopted as amended Yeas - 7 Nays - 0
27. Resolution - 94-1476 - Establishing sanitary and storm sewer chaxge rates for 1995.
(To be refened to Finance and Budget Committee)
Refened to Finance and Budget Committee
28. Resolution - 94-1477 - Conveying sewer easement from the City of St. Paul to the Metropolitan
Waste Control Commission.
Adopted Yeas - 7 Nays - 0
29. Resolution - 94-1478 - Authorizing the execution of a grant agreement with the State of
Minnesota for S2,800,� to pay Debt Service on 1989 Como Conservatory Bonds.
Adopted Yeas - 7 Nays - 0
30. Resolution - 94-1479 - Approving payment of $10,000 to Chargo Printing, Inc. in full settlement
of their claim against the City of St. Paul
Adopted Yeas - 7 Nays - 0
October 12, 1994 City Council Summary Minutes Page 5
31. Resolution - 94-1480 - Approving the acceptance of gifts donated by various businesses for
drawings in conjunction with the City's Combined Campaign for charitable giving.
Adopted Yeas - 7 Nays - 0
32. (Discussed later in the meeting.)
33. Resolution - 94-1482 - Amending the budget in the Department of Human Rights and
authorizing acceptance and e�enditure of a$25,000 grant from the Saint Paul Foundation to
be used for professional services and printing of promotional materials for the City-Wide
"Prejudice Isn't Welcome" Program.
Adopted Yeas - 7 Nays - 0 -
34. (Discussed later in the meeting.)
35. Resolution - 94-1484 - Reducing summary abatement assessment from $263.00 to $193.50 for
property at 683 East 3rd Street.
Adopted Yeas - 7 Nays - 0
22. Resolution - 94-1471 - Authorizing the Safe City Saint Paul Initiative and the integration of the
Neighborhood Crime Prevention Program.
A lengthy discussion ensued between Councilmembers Blakey, Harris, Rettman, and Guerin
pertaining to their concem that funding of the Crime Prevention Program might be eliminated
for 1995.
Pam Wheelock, Mayor's Office, responded that it is not the intent of the initiative to eliminate
funds, but rather to move funding into a new activity and to spend the same amount of dollars
for the same purpose out of a different activity. The administration plans to study the cost
effectiveness of the cunent programs by comparing them to national research and to develop
a comprehensive strategy based on programs that are cunently working successfully.
Councilmember Megard stated that the Neighborhood Crime Prevention Program funds, which
are distributed citywide, must not be absorbed by the Safe City Initiative which covers only one
portion of St. Paul. She stated it is necessary for Council Research, which is outside the
administration, to provide an evaluation of both programs.
Patrick Seeb, Mayor's Office, stated that the Crime Prevention Programs are "held harmless"
in 1995.
Responding to Councilmembers' questions, Mr. Hammer, P.E.D., further explained that the
resolution is to set up a funding code for the Safe City Program. It will place dollars in a
particular code so money can be spent. It will also authorize a"hold harmless" situation for
1994 and 1995. It further authorizes a study to be done in 1995, allowing the results of those
studies to be published for the Mayor and Council, at the time Council presents its budget.
Councilmembers Guerin, Grimm, Megard and Rettman discussed and amended page 2, line 22
to read "...an evaluation of the Neighborhood Crime Prevention Grant Program and the Safe
City Initiatives shall be undertaken... Further resolved, Council Research will provide an
evaluation of the Neighborhood Crime Prevention Program which will be used in conjunction
with the programming and financing decisions for 1996."
Councilmembers Harris and Blakey stated they needed more information before they could
approve the resolution.
October 12, 1994 City Council Summary Minutes Page 6
Because of some confusion regarding funding, Ms. Wheelock suggested that Council lay over
the resolution for one week during which time the Mayor's Office could more fully inform
Councilmembers of the exact intentions of the proposal.
Councilmember Blakey moved to layover to October 19.
Roll Call Yeas - 6 Nays - 1(Rettman)
23. Resolution - 94-1472 - Approving the addition of History Day Support Group and Mariucci
Inner City Hockey to the eligible list for the 10% Club for 1994.
Councilmember Megard moved to layover to October 19 due to eligibility questions.
Roll Call Yeas - 7 Nays - 0
24. Resolution - 94-1473 - Approving disbursement of Youth Program Funds in the amount of
$20,895 to Boosters East, Inc., Downtown Community Development Council, Duluth & Case
Booster Club, Eastside Wrestling Organization, Eastview Booster Club, Edgcumbe Community
Hockey Booster Club, History Day Support Group, Margaret Booster Club, Mariucci Inner City
Hockey, North Star Speedskating Club, Orchard Park Booster Club, Phalen Youth Club, Rice
Recreation Youth Club, St. Paul Ice Ringette Club, Sports for Life, Summit/U Girls' Athletic
Association, Thunder Spirit Lodge, Wilder Youth Club, and Young Life-St. Paul Metro.
Councilmember Megard moved to layover to October 19 due to eligibility questions.
Roll Call Yeas - 7 Nays - 0
32. Resolution - 94-1481 - Establishing the rate of pay for Lead Gardener (Production) and Lead
Gardener (Display) in the Salary Plan and Rates of Compensation Resolution.
Councilmember Harris moved to layover indefinitely.
Roll Call Yeas - 7 Nays - 0
34. Resolution - 94-1483 - Amending the 1994 budget by adding $56,000 to the Financing and
Spending Plans for the Housing Information Office to administer the "Rental Tax Equity; Saint
Paul Pilot Project".
Chris Lukesh, Housing Information Of�ce, indicated that she is asking Council to allow an
activity in the budget to administer the Rental Tax Equity Program. This program will be paid
for only with fees that are collected from the property owners who are applying to the program.
She clarified there will be no City dollars going to this program because her department will
only spend what will be collected in fees.
In response to Councilmember Harris' question regarding the $24,200 operating transfer, Ms.
Lukesh stated that amount will be allocated to the Health Department for inspecting the
properties and to the County for mailing notices to the property owners. She added that
$14,000 is for clerical costs and for a software program that had to be developed.
Councilmembers Harris and Rettman suggested that the following language be added to the
resolution: "Be It Further Resolved, that e�enditures to administer this program will not
exceed fee-generated revenues and can only be used for the duration of 1994."
Councilmember Rettman moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
October 12, 1994 City Council Summary Minutes Page 7
FOR DISCUSSION
36. Resolution - 94-1427 - Reaffirming the Mayor's and City Council's desire to continue residential
street paving after sewer separation is complete, and set the target level of funding at a level
to complete this work in 13 to 15 years. (Amended and Laid over from October 5)
After a lengthy discussion regarding updating existing lighting, Council President Thune
clari�ed that this is not a lighting resolution but rather a continuation of the street-paving
program and the lighting is incidental to it.
Councilmembers Guerin, Harris, and Megard objected to the ambiguous language of the
resolution.
Councilmember Rettman suggested a friendly amendment rewording lines 22 and 23 to read
"...including lighting, trees for all streets not paved under the CSSP Program, circa 1986-1996."
Councilmember Guerin moved a one-week layover for clarification of the language.
Laid over to October 19 Yeas - 7 Nays - 0
37. Resolution - 94-1278 - Ratifying 1994 Street/Alley Maintenance Service Charge. (Laid over
from August 31)
This resolution was considered under public hearings.
38. Resolution - 94-1467 - Approving renewal of a General Repair Garage License by M& T Auto
Service, dba M& T Auto Service, 1445 Arcade Street. (ID # 10109) (To be laid over one week
for adoption)
Laid over to October 19 for adoption
39. Resolution - 94-1485 - Giving local approval to special legislation authorizing payment of
refunds from the Saint Paul Police Consolidation Account at PERA to the estate of certain
deceased police of�cers.
Councilmember Guerin moved approvaL
Shirley Davis, Treasury Division, stated that this is money the officer paid into the fund and it
will be given to the adult children of the deceased. No City money will be paid-out.
A short discussion ensued pertaining to the liability of the City in distributing the money to the
heirs in the event that an unknown heir was to come forward and ask for money.
Tim Marx, City Attorney, assured the Council that the City need only account for the heirs who
�iled a written application. He indicated that if an heir were to file a written application after
the money had been dispersed, that heir would have to make a claim against the other heirs
and not the City.
Adopted Yeas - 6 Nays - 0(Rettman not present for vote)
40. 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.
Councilmember Grimm moved to lay over to October 26 to conespond with the public hearing
on this issue.
L.aid over to October 26 Yeas - 7 Nays - 0
41. Resolution - 94-1688B - Establishing the rate of pay and benefits for the Unclassified
Councilmember-Secretary positions. (Laid over from August 24)
Council President Thune withdrew this resolution.
Withdrawn
October 12, 1994 City Council Summary Minutes Page 8
ORDINANCES
42. Final Adoption - 94-1339 - An ordinance accepting the Charter Commission's recommendation
for revision of City Charter Section 13.01.1, Disposal or Diversion of Park Property. (Laid over
from October 5)
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
43. Final Adoption - 94-1364 - An ordinance amending Chapter 161.03 of the Saint Paul Legislative
Code pertaining to Snow Emergency Routes and Parking Restrictions. (Referred to City
Operations Committee on September 21; will be heard in Committee on October 12)
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
44. Final Adoption - 93-1689 - An ordinance establishing seven positions entitled Councilmember-
Secretary as specified by Chapter 12 of the Charter of the City of Saint Paul, Section
12.03.2(H). (Public heaxing held November 18; laid over from August 24)
Council President Thune withdrew this resolution.
Withdrawn
Suspension Item
Fina1 Adoption - 94-1340 - An ordinance to prohibit corrupt influence, prohibit ex parte
contacts to council members, and permit adverse license actions for violations.
(City Operations Committee recommends approval as amended)
Councilmember Hams moved approval of the ordinance with an amendment which clarifies
that the ordinance refers to interested persons, office or employee of the licensee who was the
subject of the adverse hearing, or any person who has a financial interest in such a license.
Amended and laid over to October 19 for adoption Yeas - 7 Nays - 0
45. Second Reading - 94-1447 - An ordinance amending the license fee schedule in Chapter 310
of the Saint Paul Legislative Code, increasing license fees by 6% to cover an increase in
enforcement costs.
Laid over to October 19 for third reading (public hearing will be held Monday, November 14,
at 7:00 p.m. in the City Council Chambers as part of the 1995 Budget Hearings)
46. First Reading - 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.
Laid over to October 19 for second reading
9
47. First Reading - 94-1488 - An ordinance to repeal Chapter 375 of the Saint Paul Legislative
Code relating to child day care centers.
Laid over to October 19 for second reading
October 12, 1994 City Council Summary Minutes Page 9
48. First Reading - 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.
Laid over to October 19 for second reading
49. First Reading - 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 thereof. (Railroad Island
Small Area Plan)
Laid over to October 19 for second reading
PUBLIC HEARINGS
37. Resolution - 94-1278 - Ratifying 1994 Street/Alley Maintenance Service Charge. (Laid over
from August 31)
Doug Strand, 66 East 9th Street, condominium #1715, appeared in opposition. He objected
to the service charge of $22 per condominium for the 229 condominiums in his complex which
totals $5,698 in street assessments when the neighboring business, MPR, only pays �1,472. He
added that the people who wear out that street are the public parkers in a ramp underneath
the condominium. He questioned why a public, non-residential business of the same base size
pays only one third of what the condos are charged.
Roxanna Flink, Real Estate, and Al Shetka, Public Works, indicated that a number of years ago
research was conducted to deternune the amount of traffic generated in a condominium
complex and how condos/townhouses should be taxed. In 1987, as a way to equitably assess
the cost to a condo owner, Council accepted Staff's assessment that each condo l�ad the
equivalent of 20 ft of street. That "front-footage" system is still being used.
Nancy Anderson, Council Staff, listed three names of groups who sent letters of opposition: the
State Agricultural Society, Mary Wills, and Maria Kraemer.
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
50. Third Reading - 94-1310 - An ordinance amending the Legislative Code by adding a provision
which would declare gr�ti a blighting influence on the community and that the presence of
graf�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
September 21)
Councilmember Blakey presented a video from Meredith Vogland which displayed inner-city
youths vandalizing city buildings and trains with spray paint.
Sue Nipe, Director of Riverview Neighborhood Crime, opposed the resolution as it stands
because it tends to blame the victim. She also objected to the language in the resolution
regarding "permission" because it provides a way for the most egregious violators, such as the
absentee landlords, to avoid cleaning-up their property. She agreed that gr�ti is a blighting
influence, but indicated this is not the way to handle it. When asked by Councilmember Grimm
what solutions she might suggest, Ms. Nipe recommended that the clause pertaining to
"permission" should be omitted and that it should allow for hardship cases.
A lengthy discussion ensued pertaining to the definition of "gra�ti."
In order to avoid a redundant discussion of this issue that was addressed at the Committee
meeting, Councilmember Rettman suggested that Council hear from the public and save the
October 12, 1994 City Council Summary Minutes Page 10
discussion for the following week,
Councilmember Blakey introduced Meredith Vogland of the Police Crime Prevention Unit and
Lt. Briggs of the FORCE Unit.
Ms Vogland and Milton Luttrell, Public Works Department/Bridge Maintenance, presented
information on the increasing cost of removing graffiti from public property. With passage of
this resolution, Public Works would be able to work more closely with the railroads and the
Minnesota Department of Transportation.
Lt. Briggs indicated that the Health Department, as well as the Police Department and other
agencies, are aware that there are people who are physically or financially hindered from fixing
their properties; however, he suggested that the landlords who have been overtly delinquent in
managing properties need to have consequences for their lack of action.
Ms. Vogland indicated that 150 graffiti vandals have been identified and 68 have been arrested.
The punishments, based on monetary damage to the property, include one or more of the
following: $100-$5,�0 paid in restitution, one to ten days in the workhouse, 1-500 community
service hours with the Police Department, and/or apology letters to the Mayor and the victuns.
She also stated that, compared to other cities, St. Paul has remained quite clean because of the
program that cunently exists. As a result of the success, St. Paul police are hosting a law
enforcement symposium on; graffiti for other cities. She stated that the legal murals are part
of the public arts program, where young people are commissioned to paint murals under the
supervision of professional artists at the request of the building owner.
Laid over to October 19 for final adoption
51. Third Reading - 94-1397 - An ordinance to amend Chapter 33 of the Saint Paul Legislative
Code, repealing the bond requirements on street encroachments.
No one appeared in opposition; laid over to October 19 for �inal adoption.
52. Third Reading - 94-1398 - An ordinance amending Chapter 33 of the Saint Paul Administrative
Code establishing the mileage reimbursement rate. (Originated in City Operations Committee;
Referred to Council with no recommendation)
No one appeared in opposition; laid over to October 19 for final adoption.
53. Resolution 94-1400 - Approving application for a Liquor On Sale (A), Liquor On Sale-
Sunday, Restaurant (B), and Entertainment-Class IV License by Campus Sports Grill &
Nightclub Inc., dba Campus Sports Grill, (Martin R. Bertzyk, President), 2554 Como Avenue.
(ID #72567) (Substitute introduced and laid over from September 28)
Councilmember Megard moved a one-week layover because Licensing had not yet finished
processing the application.
Laid over to October 19 Yeas - 7 Nays - 0
54. Resolution - 94-1491- Approving application for a Liquor On Sale (A), Liquor On Sale-Sunday,
Entertainment-Class 3, and Restaurant (B) License by Chi-Chi's Inc., dba Chi-Chi's Mexican
Restaurante, 389 Hamline Avenue North. (ID #23478)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
October 12, 1994 City Council Summary Minutes Page 11
55. Resolution - 94-1492 - Approving application for a Liquor On Sale (C) and Entertainment
Class I License by N M L Corporation, dba Quail On The Hill, 371 Selby Avenue. (ID #90805)
No one appeared in opposition; Councilmember Hams moved approval.
Adopted Yeas - 7 Nays - 0
56. Resolution - 94-1493 - Approving application for a Malt On Sa1e (Strong Beer) and Wine On
Sale License by the College of St. Catherine, dba College of St. Catherine Special Services
Department, 2004 Randolph Avenue. (ID #91997)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
Councilmember Rettman made one motion for approval of Items 57-75.
57. Final Order - 94-1494 - In the matter of the operation of the Above Standard Street Lighting
System for the Lowertown Area for the months of January through December 1995. (File
# 18321)
Adopted Yeas - 7 Nays - 0
58. Final Order - 94-1495 - In the matter of the operation of the Above Standard Street Lighting
System for the Selby-Western Area for the months of January through December 1995. (File
# 18336)
Adopted Yeas - 7 Nays - 0
59. Final Order - 94-1496 - In the matter of the operation of the Above Standard Street Lighting
System for the Ford/Cleveland Area for the months of January through December 1995. (File
# 18390)
Adopted Yeas - 7 Nays - 0
60. Final Order - 94-1497 - In the matter of the operation of the Above Standard Street Lighting
System for the Grand-East I Area for the months of January through December 1995. (File
# 18392)
Adopted Yeas - 7 Nays - 0
61. Final Order - 94-1498 - In the matter of the operation of the Above Standard Street Lighting
System for the Grand West Area for the months of January through December 1995. (File
# 18423)
Adopted Yeas - 7 Nays - 0
62. Final Order - 94-1499 - In the matter of the operation of the Above Standard Street Lighting
System for the Grand-East II Area for the months of January through December 1995. (File
# 18425)
Adopted Yeas - 7 Nays - 0
63. Fina1 Order - 94-1500 - In the matter of the Seventh Place Mall Operation and Maintenance
Costs for 1994. (File # 18428-94)
Adopted Yeas - 7 Nays - 0
October 12, 1994 City Council Summary Minutes Page 12
64. Final Order - 94-1501 - In the matter of the operation of the Above Standard Street Lighting
System for the North Wabasha Area for the months of January through December 1995. (File
# 18430)
Adopted Yeas - 7 Nays - 0
65. Final Order - 94-1502 - In the matter of the operation of the Above Standard Street Lighting
System for the Smith Avenue Area for the months of January through December 1995. (File
# 18434)
Adopted Yeas - 7 Nays - 0
66. Final Order - 94-1503 - In the matter of the operation of the Above Standard Street Lighting
System for the Wabasha-Sth-6th Area for the months of January through December 1995. (File
# 18510)
Adopted Yeas - 7 Nays - 0
67. Fina1 Order - 94-1504 - In the matter of the operation of the Above Standard Streei Lighting
System for the Selby Avenue Revitalization Project No. 1 for the months of January through
December 1995. (File #18525)
Adopted Yeas - 7 Nays - 0
68. Final Order - 94-1505 - In the matter of the operation of the Above Standard Street Lighting
System for the Concord Phase I Area for the months of January through December 1995. (File
# 18550)
Adopted Yeas - 7 Nays - 0
69. Final Order - 94-1506 - In the matter of the operation of the Above Standard Street Lighting
System for the Selby Avenue Revitalization Project No. 2 for the months of January through
December 1995. (File # 18588)
Adopted Yeas - 7 Nays - 0
70. Final Order - 94-1507 - In the matter of the operation of the Above Standard Street Lighting
System for the St. Peter Street Streetscape Project for the months of January through December
1995. (File # 18590)
Adopted Yeas - 7 Nays - 0
71. Final Order - 94-1508 - In the matter of the operation of the Above Standard Street Lighting
System for the Department of Revenue Area for the months of January through December
1995. (File # 18607)
Adopted Yeas - 7 Nays - 0
72. Final Order - 94-1509 - In the matter of the operation of the Above Standard Street Lighting
System for the University/Westem/Mackubin Area for the months of January through
December 1995. (File # 18612)
Adopted Yeas - 7 Nays - 0
October 12, 1994 City Council Summary Minutes Page 13
73. Fina1 Order - 94-1510 - In the matter of the operation of the Above Standard Street Lighting
System for the Snelling and Randolph Areas for the months of January through December 1995.
(File # 18626)
Adopted Yeas - 7 Nays - 0
74. Final Order - 94-1511 - In the matter of the operation of the Above Standard Street Lighting
System for the East Seventh and Arcade Area for the months of January through December
1995. (File #18634)
Adopted Yeas - 7 Nays - 0
75. Final Order - 94-1512 - In the matter of the operation of the Above Standard Street Lighting
System for the City Hall-Court House Streetscape Project for the months of January through
December 1995. (File #18709)
Adopted Yeas - 7 Nays - 0
76. Resolution Ratifying Assessment - 94-1513 - In the matter of the Seventh Place Mall Operation
and Maintenance Costs for 1993. (File #18428-1993)
No one appeared in opposition; Councilmember Guerin moved approval.
Adopted Yeas - 7 Nays - 0
77. Resolution Ratifying Assessment - 94-1514 - In the matter of approving assessments for
summary abatement in the Thomas-Dale Area from March through June 1994 (J9410TDBC
9611); demolition of .vacant buildings for July 1994 (J9410C 9612); collecting expense for
towing abandoned vehicles from April-June 1994 (J9410V 9613); and summary abatement from
mid-June to August 1994 (J9410A 9614).
Adopted in enor; resolution will be reconsidered on October 19 to include the
recommendations of the Legislative Hearing Officer as follows:
682 Fuller Avenue - Reduce assessment by $44.00 to $995.00 and spread payments over ten
years (J9410A)
1126 Margaret Street - Reduce assessment to $111.00 (J9410A)
862 Galtier - Spread payments over ten years (J9410A)
1669 Van Buren Avenue - Spread payments over two years (J9410A)
The following are to be deleted:
1249 Bush Avenue; vacant lot Otto & Stewart Avenues; 1946 Cottage Avenue East; 846 Charles
Avenue; 1029 Sherburne Avenue; 401 Van Buren Avenue (J9410V)
Su.�ension Item
Councilmember Harris moved for suspension of the rules to introduce the following resolution.
Roll Call Yeas - 7 Nays - 0
Resolution - 94-1520 - Rescinding Council Resolution 94-1226 which was inadvertently adopted
on August 24, 1994 ratifying Town Square Service Charges.
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
October 12, 1994 City Council Summary Minutes Page 14
78. Resolution Ratifying Assessment - 94-1515 - In the matter of the operation and maintenance
for the Town Square "Public Spaces" located within Cedar, Seventh, Minnesota and Sixth Streets
for the period of July 1, 1994 to June 30, 1995. (File # 18113-94)
No one appeared in opposition; Councilmember Guerin moved approval.
Adopted Yeas - 7 Nays - 0
79. Resolution Ratifying Assessment - 94-1516 - In the matter of operating costs for above standard
street lighting systems for various areas for the months of January through December 1994.
(File #18390, 18336, 1$321, 18392, 18430, 18423, 18425, 18434, 18510, 18525, 18550, 18607,
18590, 18588, 18612, 18626, 18634 and File # 18709 from the months of December 1, 1993 to
December 31, 1994).
No one appeared in opposition; Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 0(Grimm not present for vote)
80. Resolution Ratifying Assessment - 94-1517 - In the matter of summary abatement from April
through June 1994 at 220 Winona Street East. (Legislative Hearing Of�cer recommends
reducing assessment to $80.00)
Councilmember Rettman moved approval.
Amended and adopted per recommendation of the Legislative Hearing Officer.
Yeas - 7 Nays - 0
81. Resolution - 94-1518 - Ordering the owner(s) to remove or repair the building at 1543 Da1e
Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Gerry Stratham, Council Research, stated this property had been vacant for six years and had
been the source of numerous nuisance and abatement orders in the past. He stated that a
neighboring citizen complained of the property being a source of rodents and a refuge for
vandals which contributed to a dangerous and unhealthy situation in the neighborhood. The
owners had been notified of the problems and they were allowed two weeks to rectify the
matter; the owners declined to do sa
Jim Hanson, Attorney with Bannigan and Kelly, appeared on behalf of Ms. Lynn Johnson, the
daughter of the owner of the property, Ms. Louise Johnson. Mr. Hanson stated that Ms.
Johnson plans to take care of the property; she has had contact with a realtor and a pest-
controller. They did not feel the property could be cleaned up within two-weeks; however, it
will be sold and put into productive ownership. Hanson stated that the building is structurally
sound.
Councilmember Rettman moved to close the public hearing.
Yeas - 7 Nays - 0
Councilmember Rettman listed the instances of problems and non-compliance: 12 summary
abatements, delinquent taxes, etc. She also stated that the city originally gave the family ample
time to bring the house into compliance, but failed to do so. She moved for approval of the
resolution.
Councilmember Megard agreed that immediate action was necessary. She suggested that since
the house is structurally sound, the Council could allow the owner to use the two-week period
to prove that they have a responsible buyer.
Adopted Yeas - 7 Nays - 0
October 12, 1994 City Council Summary Minutes Page 15
82. Resolution - 94-1519 - Ordering the owner(s) to remove or repair the building at 1179 Hancock
Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
No one appeared in opposition; Councilmember Guerin moved approval.
Adopted Yeas - 7 Nays - 0
83. Public hearing to consider the appeal of Lowell F. Sorenson to a decision of the Board of
Zoning Appeals granting a 5 space parking variance to allow a building addition converting
existing outdoor retail space into indoor retail space at 1784 Montana Avenue East.
Marv Bunnell, PED, summarized the staff report, and recommended approval on the condition
that the building addition is constructed conforming to the submitted plans.
Dr. Lowell F. Sorenson, Dentist/Owner of the office building at 1524 White Bear Avenue,
said that he is opposed to the expansion because of the lack of parking available. The owners
have made no attempt to provide off-street parking. Convenient parking is an asset to the
businesses in that area; however, he stated United Stores should not be the only bene�iciaries.
While it is legal, building to the edge of the lot line is not in the best interest of the safety or
convenience of neighboring property owners. He indicated that delivery trucks have blocked
the alley and the owners of the United Store are using both private and public property to the
maximum capacity in the cunent format.
Dr. Tom McCarter, a neighboring dentist, supported Dr. Sorenson in opposing the proposed
rezoning.
Bill Able, Owner of Hafner's Center, spoke in opposition because of the parking and safety
problems that would arise if the proposed rezoning is adopted.
Benjamin Rischall, President of United Stores, brought forth a proposal which addressed the
concerns of the neighboring business. It included setting back a comer of the building to ease
the viewing problems of the traffic at the intersection. He indicated that traffic engineers
concurred with this solution. Regarding parking, he indicated that the busiest times of customer
flow are from 4:00 to 8:00 p.m., which do not coincide with regular hours of operation of the
neighboring medical offices.
Councilmember Grimm moved to close the public hearing.
Yeas-7 Nays-0
Councilmember Grimm stressed that this is an appeal for more parking spaces for all the
neighboring businesses. Because of the bene�ts that the neighboring businesses can derive from
the proposed upgrade of the United Stores, and because of their willingness to work with the
City to correct the parking problems, Grimm recommended that Council �rm the BZA
decisions and moved to deny the appeal. She also suggested that United Stores and the dentist
offices convene a dispute/resolution meeting with the District 2 Community Council facilitating
to work out the parking problems.
Motion of Intent Denied Yeas - 7 Nays - 0
84. Public hearing to consider the request of the St. Paul Port Authority to rezone property located
on the east side of Interstate 35E between West Seventh Street and Shepard Road from B-3
(commercial) and I-3 (heavy industrial) to I-1 (light industrial) to allow development of an
industrial park for I-1 uses.
Mary Andrle, 1534 Adrian, stated the heavy traffic turning onto Adrian could present safety
problems, especially with the amount of chiidren in the area.
October 12, 1994 City Council Summary Minutes Page 16
Rich Gierdal, Port Authority, clarified that a curb will inhibit cars from turning, thus eliminating
safety concerns.
Councilmember Rettman moved approval.
Motion of Intent Adopted Yeas - 6 Nays - 0(Grimm not present for vote)
Suspension Item
Councilmember Guerin moved for suspension of the rules to introduce the following resolution.
Yeas - 6 Nays - 0(Grimm not present for vote)
Resolution - 94-1521 - Granting approval to staff the polling locations for the November, 1994
Election.
Councilmember Rettman suggested that in the future the City Clerk should forward resolutions
pertaining to election issues to the Council in a timely manner.
Councilmember Guerin moved approval
Adopted Yeas - 6 Nays - 0(Grimm not present for vote)
Councilmember Megard moved to adjourn the meeting.
D AT 6:40 P.M.
avi ne, Council
Pres' ent
ATTEST:
� Minutes approved by Council
Nancy der a,r .� 1 q 9�
Assistant Cou ' Secretary
km
CITY COUNCIL MEETING
`PEDNESDAY� OCTOBER 12� 1994
3:30 P.M.
SIGl� I�i SHEST
PLEASE PRINT
NAML ADDREBS PHONE NtJMBER
:,�,�• � v�,i �.� ��c } P '""Q S S / � 3 — r 7c� �'
�`' '
�,
, �� �
� , � � � � G � �-�= � �::_6 I s3 � I�,.�.- � -.� p o
� ��� , -i � - t '�- � ,
%i , u �! ; � < <� . ` �'�;= J �� ,:3;%�_, ,� . ,� � ,, .
�- << � , �, . � �� <- . . ,--
, ,
-,
. _
f" `"`' �'� : � �, �.'%�C r ; �' , � - /'
��j� r, ..��: f ./_./i� � � �' �u r ,i:l'` �` �. � � �_ �.l!�i /���_ r � i.�j.�_
signature
TO: Sasha Aslanian
FROM: Mary Erickson, City Council Offices
DATE: October 18, 1994
Per your request, following are the names of the people who testified at the hearing on the
graffiti ordinance on October 12:
Sue Nipe, Riverview Neighborhood Crime Watch (293-1708)
(spoke in opposition to the ordinance)
Speaking in support:
Meredith Vogland, Crime Prevention Unit, St. Paul Police Dept.
Lt. Briggs, FORCE Unit, St. Paul Police Dept.
Milton Luttrell, St. Paul Public Works/Bridge Maintenance (292-6600)
If you need additional information on Wednesday, please contact Nancy Anderson, 266-
8564.