Minutes 03-23-1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
MARCH 23, 1994
3:30 P.M., Room 330, City Hall and Court House
Saint Paul, Minnesota
The meeting was called to order at 3:35 p.m. by Council President Thune.
Present - 7- Councilmembers Blakey, Grimm, Guerin, Harris, Megard, Rettman, Thune
Absent - 0
CONSENT AGENDA
Councilmember Rettman requested that Items 1, 34, 35, and 36 be removed for discussion.
Councilmember Hams requested that Item 26 be removed for discussion.
Councilmember Guerin requested that Item 27 be removed for discussion
Councilmember Rettman moved approval of the Consent Agenda as amended,
Adopted Yeas - 7 Nays - 0
FOR ACTION
1. (Discussed later in the meeting)
2. Claims of Virginia M. Fleissner, Kathleen M. Johnson, Douglas A. Nagle, and Jeremy
Scherer.
Referred to City Attorney's Office
3. Administrative Orders:
D94-068 - 1993 budget revision in the Housing Information Office.
D94-069 - addition of $1,959.70 to the contract for Capp Road from Vandalia to 425' East.
D94-070 - 1993 budget revision in the City Clerk's O�ce/General Fund.
D94-071 - 1993 budget revision in the Department of Public Works/General Fund.
D94-072 - 1993 budget revision in the City Attomey's Office/General Fund.
D94-073 - 1993 budget revision in the Department of Finance & Management Services/
Risk Management/General Fund.
D94-074 - 1993 budget revision in the Department of Finance & Management
Services/General Fund.
D94-075 - 1993 budget revision in General Government Account.
Noted as on file in the City Clerk's Office
4. Letter from Saint Paul Public Health declaring 430-436 Whitall Street as "nuisance
property". (For notification purposes only; public hearing will be scheduled at a later date if
necessary.)
March 23, 1994
5. Resolution - 94-279 - approving the appointment, by Mayor Coleman, of Donald Del Fiacco
to the Saint Paul Civic Center Authority. (Laid over from March 16 for adoption)
Adopted Yeas - 7 Nays - 0
6. Resolution - 94-280 - approving the reappointment of Lillian Micke and the appointment of
Natalie Hudson, by Mayor Coleman, to the Public Housing Agency of Saint Paul. (Laid
over from March 16 for adoption)
Adopted Yeas - 7 Nays - 0
7. Resolution - 94-281 - approving the reappointment of Patricia Brand and the appointments
of James Kowalski and Dr. Ruth Obersaat, by Mayor Coleman, to the Saint Paul Food and
Nutrition Commission. (L,aid over from March 16 for adoption)
Adopted Yeas - 7 Nays - 0
8. Resolution - 94-282 - approving the appointment, by Mayor Coleman, of Blia Moua to the
Saint Paul Parks and Recreation Commission. (Laid over from March 16 for adoption)
Adopted Yeas - 7 Nays - 0
9. Resolution - 94-283 - approving the appointment, by Mayor Coleman, of David Jann to the
Saint Paul Civil Service Commission as an alternate. (Laid over from March 16 for
adoption)
Adopted Yeas - 7 Nays - 0
10. Resolution - 94-320 - approving the reappointments of Richard Murphy and Deborah Miller,
and the appointments of Robert Lunning, Andrew Earhart, Peter Kessler, Michelle Vojacek,
by Mayor Coleman, to the Heritage Preservation Commission. (To be laid over one week
for adoption)
Laid over to March 30
11. Resolution - 94-284 - approving renewal of various Class III and supporting Licenses (ID
# 18630-95505) by: Auto Radiator & Air Conditioning, 1118 7th St. E. (general repair
garage); Catholic Parents Club/Kelly Inn/Legends, 161 St. Anthony Ave. (gambling
manager); Atlas Auto Parts, 228 Sycamore St. W. (motor vehicle salvage dealer/second
hand dealer-motor vehicle); Majesty Auto Sales Inc., 1328 Point Douglas Road (second hand
dealer-motor vehicle); Midway Training Services Inc./Sports Break, 1199 Rice St. (gambling
manager); Midway Training Services Inc./Trend Bar, 1537 University Ave. W. (gambling
manager); Midway Training Services Inc./Erick's Bar, 949 7th St. E. (gambling manager);
Atwater Auto Body & Collision, 363 Atwater St. (auto body repair garage). (Laid over from
March 16 for adoption)
Adopted Yeas 7 Nays - 0
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March 23, 1994
12. Resolution - 94-285 - approving renewal of various Class III and supporting Licenses ID
# 14673-91396) by: Doug's Recycling, 240 Sycamore St. W. (recycling processing center);
Monda's Restaurant, 1047 Hudson Rd. (on sale malt)(restaurant-over 14 hrs. to 99s-C);
Romolo's Restaurant, 1409 Arcade St. (on sale malt)(restaurant-over 14 hrs. to 99s-C); Art's
Gun Repair, 2156 Ivy Ave. E. (firearms); New Life Styles Inc., 1176 Dale St. N. (general
repair garage); Clair's Mobil Service, 1341 St. Clair Ave. (general repair garage); Waldorf
Corporation, 2250 Wabash Ave. (recycling processing center); Hensel Auto Body Inc., 159
Lafond Ave. (auto body repair garage); Caravelle Restaurant, 799 University Ave. W. (on
sale malt)(restaurant 14 hrs. to 99s-B). (Laid over from March 16 for adoption)
Adopted Yeas - 7 Nays - 0
13. Resolution - 94-313 - approving renewal of On Sale Wine, On Sa1e Malt (3.2), and
Restaurant-B License (ID #46898) by Peking Restaurant of St. Paul, Inc., dba Peking
Restaurant of St. Paul, 475 Etna Street. (Laid over from March 16 for adoption)
Adopted Yeas - 7 Nays - 0
14. Resolution - 94-286 - approving renewal of various On Sale Liquor and Supporting Licenses
(ID #16189-16395) by: Porky's, 1080 Payne Ave. (liquor on sale-100s/less-C)(Sunday on sale
liquor)(off sale malt)(restaurant (C)-limited); Chistensen's Bar, 1567 University Ave. W.
(liquor on sale-100s/less-C)(Sunday on sale liquor)(entertainment-class 3)(gambling location
Class C)(off sale malt)(restaurant (B)-more than 12s). (Laid over from March 16 for
adoption)
Adopted Yeas - 7 Nays - 0
15. Resolution - 94-321 - approving renewal of Class III Gambling Premise Pernuts (ID
#B03074) by Minnesota/USA Wrestling, Inc. at Judy K's, 258 W 7th St., and Champp's,
2431 W. 7th St. (To be laid over one week for adoption)
L,aid over to March 30
16. Resolution - 94-322 - approving renewal of various On Sale Liquor and Supporting Licenses
(ID # 16063-26897) by: Sundance Lanes, 2245 Hudson Road; Michael's, 1179 7th St. E.;
Easy Street West, 616 Como Ave.; Legends Sports Bar & Benjamin's Coffee Shop, 161 St.
Anthony Ave. (To be laid over one week for adoption)
Laid over to March 30
17. Resolution - 94-323 - approving renewal of various On Sale Liquor and Supporting Licenses
(ID #14306-88751) by: LeeAnn Chin Chinese C�isine, 214 4th St. E.; Triviski's Bar, 173
Robert St. S.; Sweeney's Saloon, 96 Dale St. N.; Radisson St. Paul Hotel, 11 Kellogg Blvd.
E.; China Dynasty Restaurant, 338 St. Peter St. (To be laid over one week for adoption)
Laid over to March 30
18. Resolution - 94-324 - approving renewal of Inactive Off Sale Liquor License (ID # 12456} by
Duane Thomas and Antoinette Severin, dba Jackie's Spirits of St. Paul, 175 E. Sth St. #111.
(To be laid over one week for adoption)
Laid over to March 30
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March 23, 1994
19. Preliminary Order - 94-325 - in the matter of improving Snelling Avenue at the intersection
of Minnehaha Avenue by constructing a bumpout on Snelling Avenue at the southwest
corner of the intersection (File #18738), and setting date of public hearing for May 4, 1994.
Adopted Yeas - 7 Nays - 0
20. Preliminary Order - 94-326 - in the matter of sidewalk reconstruction with retaining wall and
integral curb on the south side of E. Fourth Street from approximately 100 feet east of
Wacouta Street to approaumately 150 feet east of Wacouta Street (File #S9413), and setting
date of public hearing for April 27, 1994. (This order replaces Final Order #93-880, Item
#21)
Adopted Yeas - 7 Nays - 0
21. Final Order - 93-880 - in the matter of sidewalk reconstruction with retaining wa11 and
integral curb on the south side of East Fourth Street. (Laid over indefinitely 6/22/93)
(To be withdrawn�
Withdrawn Yeas - 7 Nays - 0
22. Resolution Approving Assessment - 94-327 - in the matter of approving assessments for
demolitions of vacant buildings for January & February 1994; Repair of sewer service
connections for Years 1991, 1992, and 1940 Margaret St.; Boardings-up for December 1993
and January 1994; towing of abandoned vehicles from December 1992 through December
1993; and summary abatements for January and February 1994, and setting date of hearing
before the Legislative Hearing Officer for May 3, 1994 and public hearing for May 11, 1994.
Adopted Yeas - 7 Nays - 0
23. Resolution Approving Assessment - 94-328 - in the matter of ratification and condemnation
and the taking of right-of-way in conjunction with the Grand/St. Albans CSSP (File
#18711E1), and setting date of public hearing for Apri127, 1994.
Adopted Yeas - 7 Nays - 0
24. Resolution - 93-86 - amending the 1992 Capital Improvement Fund by adding spending and
financing for the Downtown Bus Lane Consolidation Project. (Finance Committee
recommended approval) (Laid over indefinitely April 6, 1993)
Adopted Yeas - 7 Nays - 0
25. Resolution - 94-329 - authorizing execution of an agreement with the Metropolitan Transit
Commission for a permanent bus layover facility.
Adopted Yeas - 7 Nays - 0
26. (Discussed later in the meeting)
27. (Discussed later in the meeting)
28. Resolution 94-330 - adopting the 1994-1995 Community Resource Program.
Adopted Yeas - 7 Nays - 0
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March 23, 1994
29. Resolution - 94-331 - cancelling and rescinding various sidewalk projects from their
respective Final Orders.
Adopted Yeas - 7 Nays - 0
30. Resolution - 94-332 - retaining services of Thomas Hughes as outside counsel to represent
the City of St. Paul in a criminal investigation.
Adopted Yeas - 7 Nays - 0
31. Resolution - 94-333 - approving payment of $28,000 from the Tort Liability Fund to Richard
T. O'Toole in full settlement of his claim against the City of St. Paul.
Adopted Yeas - 7 Nays - 0
32. Resolution - 94-334 - approving a project scope/implementation schedule for the Lao Fanuly
Community Project.
Adopted Yeas - 7 Nays - 0
33. Resolution - 94-335 - approving agreement between the Saint Paul Police Department and
Taylor Publishing for their services in publishing a Saint Paul Police Department yearbook.
Adopted Yeas - 7 Nays - 0
34. (Discussed later in the meeting)
35. (Discussed later in the meeting)
36. (Discussed later in the meeting)
37. Resolution - 94-339 - charging non-refundable fees to defray administrative costs of issuing
permits for $10.00 per lot where no City provided survey is needed, and $20.00 per lot where
City provided survey is needed. (Note Item #40, C.F. 94-241)
Adopted Yeas -7 Nays - 0
38. Resolution - 94-340 - charging non-refundable fees to defray administrative costs of issuing
encroachment permits. (Note Item #41, C.F. 94-242)
Adopted Yeas - 7 Nays - 0
1. Approval of Minutes of February 16 and February 23, 1994 City Council meetings and
March 9, 1994 (Closed Door Session).
Councilmember Rettman moved to lay the minutes over one week.
Roll Call Yeas 7 Nays - 0
26. Resolution - 93-1977 - approving the removal of ornamental safety fencing at 1550
Mississippi River Boulevard and replacing with new fence. (Laid over from January 26)
Councilmember Harris requested this resolution be withdrawn. The property owner had
made a request that he be allowed to remove the fence installed by the City and replace it
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March 23, 1994
with a fence of the property owner's choosing. The City Attomey and Parks Department
looked at this and advised that it may set the City up for possible liability. Councilmember
Harris moved to withdraw the resolution.
Roll Call to Withdraw Yeas - 7 Nays - 0
27. Resolution - 94-301 - supporting the City's position to modify cunent State Statutes relating
to Replacement Housing. (Laid over from March 16)
A substitute resolution was presented at the March 16 meeting.
Councilmember Guerin stated that only cities of the first class are required to replace low
income housing, which is mostly rental housing, with public funds being used to demolish
them. The State mandates the replacement of displaced low income housing, but does not
provide a funding source. Guerin stated that St. Paul has more than its share of low income
housing. If St. Paul asks for this statute to be repealed, it does not preclude the City from
replacing low income housing but it gives the City the option. C�rrently there is no choice
but to rebuild. Guerin said he felt the original resolution gives clear direction and that the
substitute resolution is conflicting.
Councilmember Blakey noted the changes that were made to the resolution. The substitute
does not support repeal of the statute but rather modification of the cunent legislation. It
would also include expansion of the legislation into the suburbs.
Councilmember Megard explained that the reason the substitute was introduced was because
of the recognition of problems with the present statute. She said she is concerned that the
City Council not send a message that low income housing is something that is not needed in
the City. There are people in the City who need affordable and decent housing. Megard
acknowledged that there have been instances where projects have been costly because of the
requirements; language was added to reflect this concem. Testimony was presented at the
Intergovernmental Relations Committee on 3/23/94 which indicated that 50% of the people
in St. Paul need low income and affordable housing. This resolution will send a message to
the Legislature that St. Paul does not request repeal of the Statute and that the Statute as it
is now written does place a burden on the cities of the first class because of the costs that
they are asked to bear.
Affordable housing comes in a variety of ways, Councilmember Rettman stated. Statistics
passed out at the IGR Committee meeting show that for the amount of units lost in the past
five years, St. Paul has done more than expected in replacement. Rettman said she could
support the original resolution. It does not say that the City will actively seek to displace
units or people; it says that with this repeal, when public dollars are being looked at, the
threshold should be considered. There is also the question of whether a determination
should be made by the City Council rather than the State Legislature.
Councilmember Blakey talked about the term "low income" stating it can mean different
things for different people. The issue of lack of public transportation in the suburbs was
also discussed.
Concentration of low-income housing is a drain on City resources, Guerin stated.
The City has been in a bind in trying to reduce density, Grimm stated. If restrictions aze
imposed, the State must work with the City to find ways to work out this problem.
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March 23, 1994
After further discussion, Councilmember Blakey moved approval of the substitute resolution.
Roll Call Yeas - 3(Megard, Blakey, Grimm) Nays - 4(Harris, Rettman, Guerin, Thune)
Councilmember Guerin moved approval of the original resolution.
(A short recess was called by Council President Thune at this time)
Discussion continued for a short time.
Roll Call on the motion:
Adopted Yeas - 5 Nays - 2(Blakey, Megard)
34. Resolution - 94-336 - accepting proposal on sale of $14,750,000 General Obligation Capital
Improvement Bonds, Series 1994A, providing for their issuance, and levying a tax for the
payment thereof.
Peter Hames, Director of Finance and Management Services, addressed Items 34, 35 & 36.
He stated that there were seven bidders on two of the bond issues and four bidders on the
other one. The credit rating agencies have reconfirmed the City's credit rating of AA and
AA+. The City will pay an interest rate of 4.7695% on the annual CIB sale of $14.5
million. On the general obligation special assessment bonds, the City will pay an interest
rate of 4.9024%. On the general obligation refunding bonds the interest rate will be
4.5088%. Mr. Hames elcpressed his pleasure with the good interest rates the City was able
to obtain. He also noted that the refunding will result in a savings to the taxpayers of a
present value worth $203,000 over the term of the bonds. The interest costs and payrnents
that have been budgeted for will cover the payments on the debt issuances, Hames stated.
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
35. Resolution - 94-337 - accepting proposal on sale of $1,900,000 General Obligation Street
Improvement Special Assessment Bonds, Series 1994B, providing for their issuance, and
levying a tax for the payment thereof.
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
36. Resolution - 94-338 - accepting proposal on sale of General Obligation Capital Improvement
Refunding Bonds, Series 1994C, providing for their issuance, and levying a tax for the
payment thereof.
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
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March 23, 1994
ORDINANCES
39. Final Adoption - 94-202 - an ordinance amending Chapter 347 of the St. Paul Legislative
Code establishing licensure of dog and cat grooming facilities separate and distinct from the
pet shop license. (Public hearing held March 9) (Laid over from March 16)
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
40. Final Adoption - 94-241 - an ordinance amending Chapter 121 of the St. Paul Legislative
Code pertaining to permits for driveways, sidewalks and curbs, and repealing Chapter 126 of
the St. Paul Legislative Code pertaining to surfacing between curb and sidewalk. (Public
hearing held March 16)
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
41. Final Adoption - 94-242 - an ordinance amending the St. Paul Legislative Code by adding a
new Chapter 134 pertaining to projections and encroachments within the public right-of-way.
(Public hearing held March 16)
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
42. Final Adoption - 94-199 - an ordinance amending Chapter 376 of the St. Paul Legislative
Code increasing fares, clarifying definitions, and adding taxicab top light requirements.
(Public hearing held March 16)
Councilmember Guerin moved approval.
Adopted Yeas - 7 Nays - 0
43. Second Reading - 94-304 - an ordinance establishing the position of Administrative Assistant
in the unclassified service of the Police Department, pursuant to Section 12.03.2(H) of the
City of Saint Paul Charter.
Laid over to March 30 for third reading/public hearing
44. First Reading - 94-341 - an ordinance amending Chapter 324 of the Saint Paul Legislative
Code relating to the sale of tobacco to minors and establishing presumptive penalties for
stipulated violations.
Councilmember Rettman suggested an amendment to the ordinance on Page 4, Section
324.08 changing the word "cigarettes" to "tobacco".
Amended and laid over to March 30 for second reading.
45. First Reading - 94-342 - an ordinance finalizing City Council action approving a petition of
Cherokee Agency Inc. to rezone property located at 675 Randolph Avenue and 463/467/469
South Osceola Avenue to B-2 (Public hearing held March 2)
Laid over to March 30 for second reading.
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March 23, 1994
46. First Reading - 94-343 - an ordinance finalizing City Council action approving a petition of
Midway Chevrolet Inc. to rezone property located at 1330-1334 Sherbume Avenue to B-3.
(Public hearing held March 2)
Laid over to March 30 for second reading
PUBLIC HEARINGS:
47. Third Reading - 93-1828 - an ordinance amending Appendix H of the Saint Paul Legislative
Code relating to cable television regulation by inserting language in compliance with the
Cable Television Consumer Protection and Competition Act of 1992 and the resulting FCC
regulations. (Laid over from January 26)
Fred Brewitz, 1875 North Park Drive, St. Paul, appeared before the Council. He stated that
he was representing he and his wife as well as a11 the other people who are unable to afford
the high cost of cable television. He stated that since Continental Cable was installed in his
neighborhood, the price has almost tripled. He feels the City Council should have authority
to regulate.
Holly Yerigan, CIS/Cable Office provided background information stating that the City can
regulate basic cable television service under the 1992 act and FCC regulations. This
contains, at a minimum, the local broadcast channels and the public education government
access channels. Cities can also regulate equipment installation service charges that are
associated with basic cable television. The FCC regulates cable programming service.
There is no regulation of rates for pay-for-view types of programming. In the FCC rules
there are two methods of regulation; a benchmark method and cost of service method. It is
the cable operators choice on which basis to file for their rates.
City actions began in August of 1993 when the City Council adopted a resolution to file
with the FCC to be certified to regulate cable rates. In October, 1993 the Council adopted
a resolution directing staff to prepare and negotiate modifications to the franchise and the
ordinance. The ordinance had it's third reading on January 6 and was laid over.
Subsequently, the City did not meet the 120 day time period within which to adopt
regulations. A new application was submitted and the 120 days will end on June 10. There
is a current freeze on cable rates by the FCC. If the City wants to regulate basic cable
television rates and associated equipment, rules must be in place by May 15 when the freeze
is lifted. Ordinance amendments incorporating the rules would need to be adopted by April
13.
Tom Weyandt, Assistant City Attorney, addressed the context and the purpose of the
ordinance amendments.
Councilmember Rettman made a motion for introduction of the substitute ordinances.
Roll Call Yeas - 7 Nays - 0
Mr. Weyandt clarified that the Council would be adopting the benchmark plan that the FCC
has published. There has always been cost of service regulation language in the franchise
and in the regulatory ordinance. He anticipates that the federal changes may change
deadlines at most. By passing these ordinances, the Council would be empowering itself to
engage in rate regulations.
Randall Coleman, Continental Cablevision, acknowledged the concerns of the public about
cable rates but stated that service costs do continue to rise. He also pointed out that the
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March 23, 1994
City would be regulating the basic broadcast tier and the FCC will regulate the tier above
that. The cost of basic broadcast service prior to the Cable Communications Act of 1993
was $9.95. After the federally mandated benchmarks were applied, the cost went to $6.96.
He said he would like to appeal to the Council's sense of faimess and spirit of cooperation,
and urged the Council to keep the rate regulation of that tier in perspective. Coleman said
Continental has concerns about the amendments.
Councilmember Harris requested that staff prepare an analysis of what staff costs would be
if the City was doing the regulating.
Councilmember Guerin requested documentation on how much the City receives in
franchise fees as well as revenue received from Cable Access including the Mayor's and
Council's access channels. Guerin also requested that Mr. Coleman provide an analysis of
the percentage the rates would go down if the City received no revenue.
Lee Sheehy, attorney representing Continental Cablevision, noted that one of the proposed
amendment is to require a rate proceeding whether it's benchmark or cost of service for any
change in rates. The eausting language states for any "increase" in rates. If Continental
chose to decrease its rates, the new language would require them to go through a rate
proceeding. He does not feel this is in the public's interest and, therefore, requested that
the Council return to the original language.
Tom Weyandt was not open to the suggested amendment saying that federal regulations
deal with a variety of things that could result in a change in value such as adding or
subtracting things from the basic tier. Weyandt said Mr. Sheehy's point could be dealt with
in the additional changes to the ordinance. Right now they are attempting to get a
mechanism in place before the May 15 date. No action can be taken that does not conform
with federal regulation.
Councilmember Grimm requested that the Budget Office provide figures on what the effect
would be of not having the franchise fees in the City budget.
Laid over to March 30 for �nal adoption
48. Third Reading - 93-1829 - an ordinance amending Chapter 430 of the Saint Paul Legislative
Code relating to cable television regulation by inserting language in compliance with the
Cable Television Consumer Protection and Competition Act of 1992 and the resulting FCC
regulations. (Laid over from January 26)
Substitute introduced and accepted.
Laid over to March 30 for final adoption
49. Third Reading - 93-1774 - an ordinance amending Chapter 60 of the Legislative Code
pertaining to regulating the location of firearms dealers who sell firearms. (Continuation of
public hearing from February 9, 1994)
Council President Thune stated that the City Attorney recommended an inde�nite layover of
this ordinance pending completion of the study by PED.
Councilmember Megard moved to lay over indefinitely.
Roll Call Yeas - 7 Nays - 0
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March 23, 1994
50. Resolution - 94-271 - approving application (ID #52082) for a Second hand Dealer Motor
Vehicle License by Arcade Auto Sa1es (Mark A. Pacheco, Owner) at 1414 Arcade St. (Laid
over from March 9)
No one appeared in opposition. Councilmember Grimm moved approval of a substitute
resolution.
Substitute adopted Yeas - 7 Nays - 0
51. Resolution - 94-344 - approving application (ID #86811) for the transfer of Off Sale Liquor
License currently held by Kal-Bon Inc., dba Park Liquor, 140 N. Snelling Ave., to Rad Inc.,
dba Park Liquor Store (Michael D. Radenbaugh, President).
No one appeared in opposition. Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
52. Resolution - 94-345 - approving application (ID #85714) for Restaurant-B, On Sale Wine,
On Sale Malt (Strong), Catering-A and K-Vehicle License by Felixe's Enterprises Inc.
(Nancy J. Kayoum, Vice President), dba Felix's Restaurant, 821 Raymond Ave.
No one appeared in opposition. Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
53. Resolution - 94-346 - approving application (ID #64646) for the transfer of a Gambling
Manager's License currently held by Donald Mastro, dba Twin Cities Metro Chapter
UNICO National, at Lou's Viaduct Inn, 1056 E. 7th Street, to Patrick E. Tucci at the same
address.
No one appeared in opposition. Councilmember Guerin moved approval.
Adopted Yeas - 7 Nays - 0
54. Resolution Ratifying Assessment - 94-347 - in the matter of grading and paving the alley in
Block 1, Galarneault's and Otto Avenue Additions (File # 18687).
No one appeared in opposition. Councilmember Hams moved approval.
Adopted Yeas - 7 Nays - 0
55. Resolution Ratifying Assessment - 94-348 - in the matter of Lexington Parkway/Energy Park
Drive intersection improvements (File 18665).
No one appeared in opposition.
Councilmember Rettman recognized the generous contribution of over $50,000 by First
Bank Systems for the signalization at this intersection.
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
56. Resolution Ratifying Assessment - 94-349 - in the matter of boarding up vacant buildings for
September 1993; demolition of vacant buildings from October to December 1993; collection
of expenses involved for towing abandoned vehicles from properties from October 1992 to
April 1993; summary abatements (grass cutting and property clean-up) in the Thomas/Da1e
area from August through October 1993; boarding up vacant buildings for October 1993;
boarding up vacant buildings for November 1993; summary abatements (property clean-up)
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March 23, 1994
in the Thomas/Dale area from October 1993 to January 1994; summary abatements
(property clean up and/or snow removal) from October 1993 to mid-January 1994.
(Legislative Hearing Officer recommends approval with the following exceptions: 790
Dayton Ave. (J9403A),1179 Minnehaha Ave E. (J9403A), 671 Magnolia Ave. E. (J9403A),
695 Blair Ave. (J9403A) be deleted; and 946 Edgerton (J9403A), 193 Western Ave. N.
(J9403A & J9403TDBC), and 53 Dale (J9401TDBC) be laid over.)
No one appeared in opposition. Councilmember Blakey moved approval
Adopted Yeas - 7 Nays - 0
(Councilmember Harris left the meeting at this time)
57. Final Order - 94-350 - in the matter of condemning and taking a permanent storm sewer
easement and temporary construction easement in connection with the Hampden/University
Area Storm Sewer Separation project (File #18724-E).
No one appeared in opposition. Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
58. Final Order - 94-351 - in the matter of condemning and taking of permanent storm sewer
easements and temporary construction easements in connection with the University/
Mississippi Area Storm Sewer Project (File #18727-E).
No one appeared in opposition. Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
(Councilmember Harris returned at this time)
59. Public Hearing in the matter of rezoning property from RT-1 (residential) to B-2
(commercial) to allow an extended parking lot and additional maneuvering space for an
eausting automobile convenience market by SuperAmerica at 1082 Front Avenue.
Councilmember Rettman stated that there were two property owners who contacted her
office. One of the adjacent property owners does not support the rezoning, however, if it is
approved, they would like evergreen trees planted on the east side of the property. The
concerned property owners have discussed this with SuperAmerica. A concem was raised by
another property owner that the property would lose value. However, the rezoning requires
a ten foot buffer and landscaping which should protect residential housing as well as the
egress and ingress.
Katy Lindblad, PED, noted that conditions can not be placed on rezonings but stated that
the site planner is aware of the request for additional landscaping and this will be included
in the site plan
Councilmember Rettman moved approval.
Motion of intent approved Yeas - 7 Nays - 0
60. Resolution - 94-352 - ordering the owner(s) to repair or remove the building at 201
Congress Street West within fifteen (15) days from the adoption of resolution.
(Legislative Hearing Officer recommends approval)
No one appeared in opposition. Councilmember Guerin moved approval.
Adopted Yeas - 7 Nays - 0
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61. Resolution - 94-353 - ordering the owner(s) to repair or remove the building at 602 Sims
Avenue within fifteen (15) days from the adoption of resolution.
(Legislative Hearing Officer recommends approval)
No one appeared in opposition. Councilmember Grimm moved approval.
Adopted Yeas - 7 Nays - 0
62. Resolution - 94-3543 - ordering the owner(s) to repair or remove the building at 1714
Nebraska Avenue East within fifteen (15) days from the adoption of resolution.
(Legislative Hearing Officer recommends approval)
No one appeared in opposition. Councilmember Grimm moved approval.
Adopted Yeas - 7 Nays - 0
63. Resolution - 94-355 - ordering the owner(s) to repair or remove the building at 661 York
Avenue within fifteen (15) days from the adoption of resolution.
(Legislative Hearing Officer recommends approval)
No one appeared in opposition. Councilmember Grimm moved approval.
Adopted Yeas - 7 Nays - 0
64. Resolution - 94-356 - ordering the owner(s) to repair or remove the building at 1680
LaCrosse Avenue within (15) days from the adoption of resolution. (Legislative Hearing
Officer recommends approval)
No one appeared in opposition. Councilmember Grimm moved approval.
Adopted Yeas - 7 Nays - 0
65. Resolution - 94-357 - ordering the owner(s) to repair or remove the building at 1129 Ross
Avenue within fifteen (15) days from the adoption of resolution. (Legislative Hearing
Officer recommends approval)
No one appeared in opposition. Councilmember Guerin moved approval.
Adopted Yeas - 7 Nays - 0
SUSPENSION I'TEMS:
Councilmember Rettman moved for suspension of the rules to introduce the following
resolution.
Roll Call Yeas - 7 Nays - 0
Resolution - 94-358 - approving projects and programs to be submitted to the Metropolitan
Council to be reviewed, rated and possibly approved for ISTEA Funding.
Councilmember Rettman stated that staff had found an additional item to add to the
request for state funding which could bring in another $480,000 to the City for river bluff
acquisition and preservation project.
Councilmember Megard questioned how much CIB money will be committed in 1996 if all
of the projects and programs come through considering that a 20% City match is required.
Mike HIassen, Public Works, responded that he did not have the figures available at this
time. He acknowledged that not all of them will be approved in the CIB process; however,
whatever is approved through the CIB process and the City's budget process, if the local
share is not made available, the City is not required to move forward on any projects.
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March 23, 1994
There are some projects that are in for 1996 and could actually be in 1997. Klassen said his
concem was that they did not want to have to go before the CIB Committee and the
Council for a 1995 amendment to the proposed Capital Improvement Budget. These
programs and projects have already been rated. However, if additional funds would be
available, it was felt they should be utilized. After a brief discussion, Councilmember
Rettman moved approval as amended.
Adopted Yeas - 7 Nays - 0
Councilmember Thune eJCplained that the following resolution is for a gambling premise
permit where a non-profit left the establishment and they want to bring in a new non-profit
as soon as possible.
Councilmember Guerin moved suspension of the rules to introduce the resolution.
Roll Call Yeas - 7 Nays - 0
Resolution - 94-359 - approving application (ID #B-02422) for a State Class B Gambling
Premise Pernut by Midway Training Services, Inc. at John & Paul's Bar, 731 Randolph
Avenue.
Councilmember Guerin moved approval
Adopted Yeas - 7 Nays - 0 �
Councilmember Grimm moved for suspension of the rules to introduce the following
resolution.
Roll Call Yeas - 7 Nays - 0
Resolution - 94-360 - releasing $135,000 from City Council Contingency to develop a
coordinated marketing plan for the City of Saint Paul.
Councilmember Thune stated that this resolution involves entering into an agreement with
the Saint Paul Convention and Visitors' Bureau to prepare a unified marketing strategy. It
is a commitment from the Convention and Visitors' Bureau to go through an evaluation
process before the end of this year and before the beginning of the next budget cycle. After
reviewing the results, the City could decide whether or not to continue funding.
Councilmember Harris noted that the City is presently subsidizing convention activities,
especially those related to the Civic Center, in an approximate amount of $500 thousand per
year. Harris and Megard both requested a one week layover in order to allow for more
time to review the issues involved.
Councilmember Rettman stated that during the budget process, these dollars were placed in
contingency to look at what the Convention and Visitor's Bureau was saying is a revenue
generator and how it can be measured. Four hundred and fifty thousand dollars is going
toward lights in Rice Park which are general fund dollars which amounts to one-third to
one-half percent tax levy. Councilmember Rettman said she will be looking to see if the St.
Paul tax payer is going to benefit by dollars coming in and will not support additional dollars
going out if it is not "quantifiable, qualifiable, and separate from the $900,000 already going
there".
Almost all the conventions at the Civic Center result in a profit, Guerin stated. Those that
don't are St. Paul specific such as community festivals. Hotel/motel dollars were always
meant to go back into attracting visitors.
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March 23, 1994
Mark Riley, owner of the Norwest Center, and Chairperson of the Downtown Council said
that this initiative started two years ago from a downtown partnership meeting. Many
different avenues were explored in looking for the best way to implement a image campaign
to promote downtown St. Paul. The City's payback is in the form of a vital downtown.
Councilmember Megard questioned why the consolidation of the Convention Bureau and
the Downtown Council has not yet taken place.
John Fisher, President of the St. Paul Convention and Visitors' Bureau, responded that the
merger was to have been completed last year but it did not happen. The funds were placed
in contingency to be released subject to the condition that there be funding in place for the
first year. In response to a question raised by Councilmember Megard, Mr. Fisher clarified
that there will not be two executive directors. He will continue to be the president of the
Convention and Visitors' Bureau and there will be a third division headed by the third vice
president of the Convention and Visitors' Bureau.
Councilmember Harris stated his concern with bringing the resolution in under suspension
and said he would like to see all the facts before making a decision.
Council President Thune said he feels this is a good investment and that the track record of
the Convention and Visitors' Bureau is very good.
Councilmember Hanis withdrew his motion for a layover.
Councilmembers Grimm moved approval.
Adopted Yeas - 7 Nays - 0
Councilmember Guerin moved to adjourn the mee ng.
ED :30 P.M
Coun il Pr id , avid Thune
ATTEST:
Minutes approved by Council
Nancy An on � �
Assistant C ncil Secretary
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