Minutes 12-21-1993 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Tuesday, December 21, 1993
9:00 A.M. Council Chambers
Third Floor City Hall and Court House
Saint Paul, Minnesota
The meeting was called to order by President Wilson at 9:00 A.M.
Present - 7- Councilmembers Grimm, Guerin, Long, Maccabee, Rettman, Thune, Wilson
Absent - 0 -
CONSENT AGENDA
Santa Claus arrived and distributed gifts to the Councilmembers, City Clerk and City Attorney.
Councilmember Maccabee left and returned prior to the approval of the consent agenda.
Councilmember Rettman noted that items #24, #25 and #26 were housekeeping items and
need not go to Finance Committee.
Councilmember Rettman moved approval of the consent agenda as amended.
Adopted Yeas - 7 Nays - 0
CONSENT AGENDA
FOR ACTION
1. Approval of minutes from the November 9, 1993 City Council meeting.
2. Claims of Michael and Claudia Gingerich and Cynthia McKee.
Referred to City Attorney's Office
3. Administrative Orders D-12681 to D-12686 noted as on file in the City Clerk's Office.
4. Summons and Complaint In the Matter of Wayne Sagstetter, Brad Colvin and Tom Besaw
vs the City of Saint Paul.
Referred to the City Attorney's Office
5. Resolution - 93-1798 - approving the appointments of Trudy Dunham and Barbara Jeanetta
to the Riverfront Redevelopment Corporation. (Laid over from December 14th)
Adopted Yeas - 7 Nays - 0
6. Resolution - 93-1875 - approving the appointments of Michael Peterson and Dennis Grogan
and reappointments of Richard Miller, Frank Gurney and Clarence Seidel to the Capital
Improvement Budget committee (CIB). (To be laid over one week for adoption)
Laid over to December 28th for adoption
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December 21, 1993 City Council Summary Minutes
7. Resolution - 93-1876 - approving the appointments of Sherry Lampman, Barbara Meyer,
Roberta Sladky and Frank Feinberg to the Como Park Educational Resource Center Task
Force. (To be laid over one week for adoption)
Laid over to December 28th for adoption
8. Resolution - 93-1877 - approving the appointments of Steve Buetow, David Heide, Jayne
Lallier, Peter Kessler and Brian Horrigan and the reappointments of Deborah Miller and
Richard Murphy to the Heritage Preservation Commission. (To be laid over one week for
adoption)
Laid over to December 28th for adoption
9. Resolution - 93-1878 - approving the reappointments of Elna Avey, John Filter and Jane
Kramer to the Neighborhood Advisory Committee (NAC). (To be laid over one week for
adoption)
Laid over to December 28th for adoption
10. Resolution - 93-1840 - approving the Memorandum of Agreement between the International
Association of Fire Fighters, Local 21 and the City of Saint Paul. (Laid over from December
14th for adoption)
Adopted Yeas - 7 Nays - 0
11. Resolution - 93-1841 - approving applications for renewal of various On Sale Liquor and
Supporting Licenses by: Gatsby's and Bourbon Bar. (Laid over from December 14th for
adoption)
Adopted Yeas - 7 Nays - 0
12. Resolution - 93-1842 - approving the applications for renewal of Class III Gambling Premise
permits for North Ramsey 500th Lions Club Checkers Nite Club; North Ramsey 500th Lions
Club/Paul's Lounge and North Ramsey 500th Lions Club/Pub East. (Laid over from
December 14th for adoption)
Adopted Yeas - 7 Nays - 0
13. Resolution - 93-1879 - approving an application for renewal of an On Sale Liquor-A, Sunday
On Sale Liquor, Entertainment-III, and Restaurant (E) License by Flanagan's on 7th Inc. at
1026 W. 7th Street. (To be laid over one week for adoption)
Laid over to December 28th for adoption
14. Resolution - 93-1880 - approving applications for renewal of various Class III License by:
Lowertown Parking Lot; Como Area Youth Hockey/North End Depot; Como Area
Hockey/Minnehaha Lanes; St.Paul Firefighters-Local 21/Spanky's; and Lowertown
Municipal Ramp. (To be laid over one week for adoption)
Laid over to December 28th for adoption
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December 21, 1993 City Council Summary Minutes
15. Resolution - 93-1881 - approving applications for renewal of various On Sale Liquor and
Supporting Licenses by: the Comedy Gallery St. Paul; Benjamin's Restaurant & Lounge
and Arnellia's. (fo be laid over one week for adoption)
Laid over to December 28th for adoption
16. Resolution - 93-1882 - approving applications for renewal of various Class III Licenses by:
Fortune Auto Sales, Church of St. Mary, Rohl Transmission. AI & Eric's Gun Shop,
Commodore Squash Club, Firestone Store, B& A Body Shop, Harding Area Hockey
Association/Minnehaha Tavern, Total, Travel Inn� Jeff's Auto Service, Harding Area Hockey
Association/Michael's and Action Auto Parts of St. Paul, Inc. (To be laid over one week for
adoption)
Laid over to December 28th for adoption
17. Resolution - 93-1883 - approving the action of the Property Code Enforcement Board of
Appeals Meeting of November 17, 1993 for properties at: 970 Burr Street, Charles Laurents
Appellant; 952 Jenks Avenue, Charles Laurents Appellant and 313 N. Dale Street, Thomas
Kirschling Appellant.
Adopted Yeas - 7 Nays - 0
18. Resolution - 93-1884 - finalizing Council action upholding the appeal of John and Sherry
Goodman for a variance on property at 537 Mount Curve Blvd. (Public Hearings held
October 21 and 28, 1993)
Adopted Yeas - 7 Nays - 0
19. Resolution - 93-1885 - approving an amendment to the legal services contract between the
City and Public Housing Authority (PHA) so that the City Attorney's office can continue to
provide legal services to the PHA.
Adopted Yeas - 7 Nays - 0
20. Resolution - 93-1886 - authorizing City officials to accept the Federal and State portions
from the Public Assistance Program.
Adopted Yeas - 7 Nays - 0
21. Resolution - 93-1887 - authorizing carryforward of unused Private Activity Bond Volume
Cap.
Adopted Yeas - 7 Nays - 0
22. Resolution - 93-1888 - approving the issuance of $1,000,000 of tax-exempt bonds for the
construction of Aries Precision Sheet Metal Company in Energy Park.
Adopted Yeas - 7 Nays - 0
23. Resolution - 93-1889 - approving connection to the Maplewood sewer in McKnight Road
by Robert Erickson for property at 1101 S. McKnight Road.
Adopted Yeas - 7 Nays - 0
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December 21, 1993 City Council Summary Minutes
COMMITTEE REFERRALS:
24. Resolution -93-1890 - amending the 1993 Budget in Planning & Economic Development by
adding $200,000 to the financing & spending plans of the City's Employment and Training
program for youth.
Adopted Yeas - 7 Nays - 0
25. Resolution - 93-1891 - amending the 1993 Budget in Human Resources by accepting a
$2,000 donation for the City and County Employees Credit Union the employee newsletter
"Let's Talk".
Adopted Yeas - 7 Nays - 0
26. Resolution - 93-1892 - amending the 1993 Budget in Human Resources by reflecting
purchase and sale of City logo merchandise so that funds used to purchase the
merchandise can be replaced with the proceeds from sales.
Adopted Yeas - 7 Nays - 0
ORDINANCES
27. Second Reading - 93-1836 - An Ordinance establishing the Department of Human Rights
and the Department of Administrative Services. (Second Reading laid over from December
14th)
After a brief discussion, Councilmembers requested that the City Attorney's office prepare
a Final Draft. Readings will be discontinued until the committee report is submitted.
28. Second Reading - 93-1872 - An ordinance amending section 402.005 of the Legislative
Code to reduce the rate of the gambling tax from 3% to 2% and to sunset that reduction
on December 31, 1994. (For Action)
Laid over until December 23rd for 3rd Reading
29. First Reading - 93-1893 - An ordinance granting a non-exclusive franchise for skyway
advertising to Skyway Advertising Inc. by amending the Legislative Code. (Public Works)
Referred to Public Works
30. First Reading - 93-1894 - An ordinance amending Chapter 81 of the Administrative Code
pertaining to purchasing from targeted vendors. (Human Services)
Councilmember Maccabee requested a referral to the Finance Committee instead of to the
Human Services Committee.
Referred to Finance Committee
PUBLIC HEARINGS: �
Councilmembers Guerin and Rettman left during discussion of the following item.
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December 21, 1993 City Council Summary Minutes
31. Third Reading - 93-777 - An ordinance amending Chapter 62 of the Legislative Code
pertaining to the Zoning Code regarding alley access from off-street parking facilities.
(Housing & Economic Development Committee recommends approval as amended)
Dan Dobson, Ward 1 resident, spoke in opposition of the ordinance. Kathy Tarnowski,
Community Organizer, agreed with Mr. Dobson and wanted the Planning Commission
involved in the process. After a lengthy discussion, Councilmember Maccabee moved to
close the public hearing.
Roll Call: Yeas - 5 Nays - 0
Councilmember Rettman returned at this point in the discussion.
Further discussion between Councilmembers and Larry Soderholm, of the Planning and
Economic Development staff followed.
Councilmember Grimm requested a layover for Final Adoption.
Laid over until December 28th for Final Adoption
Councilmember Guerin returned at this point in the discussion.
32. Third Reading - 93-1815 - An ordinance amending Chapters 60 & 62 of the Legislative Code
pertaining to zoning in regard to an antenna 40 Acre Study for all types of radio frequency
antennas. (Housing & Economic Development Committee recommends approval)
No one appeared in opposition
Laid over to December 28th for Final Adoption
33. Third Reading - 93-1816 - An ordinance amending ordinance 17171 by creating an
additional commercial development district on Gannon Road between Norfolk Avenue and
Shepard Road. (Housing & Economic Development Committee recommends approval)
Councilmember Long moved layover of the Public Hearing to January 13, 1994 at 5:00 p.m.
at the Highland Park Library.
Laid over to January 13th.
34. Third Reading - 93-1644 - An ordinance to amend Chapter 412 of the Legislative Code
relating to massage Parlors. (Human Services, Health & Business Regulation Committee
recommends approval - Public Hearing continued from November 30th)
Councilmember Maccabee moved to layover until December 23rd.
Laid over to December 23rd
35. Third Reading - 93-1645 - An ordinance to amend Chapter 414 of the Legislative Code
relating to massage parlor operation. (Human Services, Health & Business Regulation
Committee recommends approval - Public Hearing continued from November 30th)
Councilmember Maccabee moved to layover until December 23rd
Laid over to December 23rd
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December 21, 1993 City Council Summary Minutes
36. Third Reading - 93-1753 - An ordinance amending Chapter 60.201.A of the Legisiative
Code, changing the reference to "adult massage parlor" to "adult massage center"
corresponding to the change in Chapter 412. (For Action - Public Hearing continued from
December 2nd)
Councilmember Maccabee stated that this item had already been resolved by previous
Council File numbers 93-1644 and 93-1645.
Councilmember Maccabee moved to withdraw.
Adopted Yeas - 7 Nays - 0
37. Third Reading - 93-1754 - An ordinance amending Chapter 60.213M of the Legislative Code
changing the reference of "massage parlor" to "massage center" corresponding to the
change in Chapter 412 of the Code. (For Action - Public Hearing continued from December
2nd)
Councilmember Maccabee stated that this item had already been resolved with Council File
numbers 93-1644 and 93-1645.
Councilmember Maccabee moved to withdraw.
Adopted Yeas - 7 Nays - 0
38. Resolution - 93-1895 - approving an application for a Parking Lot-F License by Parking
Services Inc. at Shepard Road and Eagle Street.
No one appeared in opposition.
Councilmember Grimm moved approval.
Adopted Yeas - 7 Nays - 0
Councilmember Long left during discussion of the following item.
39. Resolution - 93-1896 - approving an application for a General Repair Garage License by
Cheyenne Automotive Inc. at 279 Aurora Avenue.
Councilmember Thune moved adoption.
Adopted Yeas - 6 Nays - 0
40. Resolution - 93-1776 - ordering the owner to repair or remove the building at 310 Sherburne
Avenue. (Public Hearing laid over from November 23rd)
City Clerk, noted that both items 40 & 41 needed to be amended to state that
implementation would take place "after adoption" instead of "after publication".
Councilmember Thune left and returned during the discussion.
Kendry Williams requested a layover to Thursday, December 23rd in order to follow-up with
the owner.
After a brief discussion, Councilmember Guerin moved to layover the amended resolution
to Thursday, December 23rd.
Adopted Yeas - 6 Nays - 0
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December 21, 1993 City Council Summary Minutes
41. Public Hearing to consider ordering the owner to repair or remove the building at 458
Edmund Avenue.
Councilmember Guerin moved to suspend the rules in order to receive the resolution
regarding 458 Edmund.
Adopted Yeas - 6 Nays - 0
No one appeared in opposition.
Councilmember Guerin moved approval as amended.
Adopted Yeas - 6 Nays - 0
42. Report of an Administrative Law Judge including Findings of Fact, Conclusions and
Recommendation in the matter of the adverse hearing involving licenses held by Lewis
Stevens dba Civic Center Auto Service for the premises located at 459 Toronto Street.
(Laid over from November 16th)
Councilmembers discussed the role of the Council in enforcing Conciliation Court
judgements.
Councilmember Maccabee left.
Councilmember Thune moved a$200 fine stayed, and a layover of one week to allow the
City Attorney to redraft the conclusions.
Adopted Yeas - 6 Nays - 0
Councilmember Maccabee returned at this point of the discussion.
43. Resolution - 93-1897 - adopting the tax levy for 1994.
No one appeared in opposition.
Councilmembers congratulated Councilmember Rettman as the Chair of the Finance
Committee on attaining a 0% increase in the tax levy.
Councilmember Guerin stated that the Port Authority levy as well as the City levy were cut
and that 15 city positions earning over $50,000 were also cut.
Councilmember Long moved to amend the General Fund Deferred Compensation budget
by moving $110,000 to specified contingent reserve.
Council President Wilson stated that 59% of taxes paid are state mandated. The joint tax
meeting should be held in October with State Officials also in attendance.
Mayor-elect Coleman thanked the Council for a job well done.
Councilmember Rettman moved approval of a substitute resolution.
Adopted Yeas - 7 Nays - 0
44. Resolution - 93-1898 - adopting the 1994 City Budget.
No one appeared in opposition.
See Previous Discussion.
MISCELLANEOUS:
45. Recognizing retiring City employees.
Each Councilmember recognized a retiring employee.
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December 21, 1993 City Council Summary Minutes
ADDITIONAL ITEM
1. Public hearing to consider ordering the owner to remove or complete the repair or removal
of the building located at 850 Case Avenue. (Neighborhood Services Committee
recommends approval).
No one appeared in opposition.
Councilmember Grimm moved approval as amended.
Adopted Yeas - 7 Nays - 0
Councilmember Thune moved to suspend the rules to introduce the following resolution for
adoption.
Adopted Yeas - 7 Nays - 0
Resolution - 93-1908 - approving appointments of Carol Osip, Phil Ravitzky and Wayne
Lundeen to the Parks and Recreation Committee.
Councilmember Thune moved to layover for one week until December 28th.
Laid over to December 28th.
Roll Call Yeas - 7 Nays - 0
Councilmember Maccabee moved to suspend the rules to introduce the following resolution
. Adopted Yeas - 7 Nays - 0
Resolution - 93-1909 - requesting the Mayor Elect and City Council establish a Business
Regulation Review Council.
Councilmember Maccabee moved to layover for one week until December 28th.
Laid over to December 28th.
Roll Call Yeas - 7 Nays - 0
Councifinember Long moved to suspend the rules to introduce the following resolution for
adoption.
Adopted Yeas - 7 Nays - 0
Resolution - 93-1835 - approving the application for On Sale Wine, On Sale Malt (Strong)
and Restaurant-D license of Highland Park Hospitality, Inc. at 800 South Cleveland.
Councilmember Long moved to layover for one week until December 28th.
Adopted Yeas - 7 Nays - 0
Councilmember Thune moved to suspend the rules to introduce the following resolution.
Adopted Yeas - 7 Nays - 0
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December 21, 1993 City Council Summary Minutes
Resolution - 93-1911 - accepting the Martin Luther King, Jr. bust for placement on the Third
Floor of City Hall.
Councilmember Thune moved to layover for one week until December 28th.
Laid over to December 28th.
Roll Call Yeas - 7 Nays - 0
Councilmember Rettman moved adjournment.
Adopted Yeas - 7 Nays - 0
J UR AT 11:07 A.M.
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ATTEST:
Cou ' President, William Wilson
4"/Lc�.-ic� ..!G�Q.�no� Minutes approved by Council
Assistant City Clerk, Frances Swanson
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