Minutes 12-07-1993 SUMMARY MINUTES OF THE SAlNT PAUL CITY COUNCIL
Tuesday, December 7, 1993
9:00 A.M. Room 330 City Hail and Court House
(temporary Council Chambers)
Third Floor City Hail and Court House
Saint Paul, Minnesota
The meeting was called to order by President Wilson at 9:00 A.M.
Present - 4- Councilmembers Guerin, Maccabee, Rettman, Wilson
Absent - 3- Councilmembers Grimm (excused), Long (arrived during discussion of the
Consent Agenda), Thune (arrived during discussion of the Consent Agenda)
Councilmember Maccabee asked that item # 11 be referred to the Intergovernmental
Relations Committee.
Council President Wilson spoke in opposition to referral to Committee. He explained that
this resolution was being presented in an attempt to avoid potential litigation involving the
Southern Minnesota Regional Services and the Public Housing Authority regarding
discriminatory practices. He noted that the Public Housing Authority is encouraging the
City to reaffirm their position to provide fair housing in an effort to resolve the concerns
without proceeding to litigation.
Councilmember Rettman reiterated the Council's past support for 70% home ownership
within the City and targeting City funds toward that effort.
AI Hester, a representative of the Public Housing Authority (PHA) reviewed the claim
explained it was regarding the issue of some minority not being placed in Public Housing
in proportion to their representation in the population, being brought by the Soutfiern
Minnesota Regional Services and. While Mr. Hester said this was not an intentional act
of the part of the PHA, the effects of their placement procedures show the need for
expanded opportunity for low income housing.
Councilmember Guerin expressed concern about the City getting involved in a lawsuit
involving another entity.
Councilmember Maccabee outlined sever.al questions for Natalie Hudson, City Attorney
regarding the Cites' involvement and the status of the litigation.
Councilmember Thune spoke in favor of using conflict resolution services to avoid costly
litigation.
After further discussion, Councilmember Maccabee moved to lay item # 11 over one
week.
Councilmember Rettman asking for a technical� amendment to item # 10. She said that
the proposal for the City paying assessment fees as part of the lease agreement violated
standard practice and requested that exhibit C be stricken from the agreement.
assessments against the property.
(Discussion continued on following page) �
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December 7, 1993
(Discussion continued from previous page)
Vice Gillespie, a representative of the Parks Division, spoke in favor of this change.
Councilmember Rettman moved approval of this change and moved approval of the
Consent Agenda as amended.
Adopted Yeas - 6 Nays - 0
CONSENT AGENDA
FOR ACTION
1. Approval of minutes from the November 2 and 4, 1993 City Council meetings.
2. Claims of Familystyle Investment Company and Familystyle of St. Paul Inc., Arnold Walter
Heuer, Shirley M. Hopkins, Robert E. Kelly, Russell J. Miller and Vicki Lynn Weiss.
Referred to the City Attorney's Office.
3. Appeal to a Summary Abatement Order by R. Lee Runyon for properly at 1302 Earl Street.
(City Clerk's Office recommends date of Public Hearing before the Neighborhood Services
Committee for December 15th and before the full Council on December 28th, 1993)
4. Resolution - 93-1808 - approving the appointments of Jim Martin, Annabelle Bush, Dennis
Gerhardstein and reappointments of Edna Schwartz, Olivia Mares, Richard Dolan and
Richard Krueger to the Advisory Committee on Aging. (To be laid over one week for
adoption)
Laid over until December 14th for adoption.
5. Resolution - 93-1809 - approving the appointment of Jennifer Bozicevich to the Youth Fund
Board. (To be laid over one week for adoption)
Laid over until December 14th for adoption.
6. Resolution - 93-1777 - approving an application for an Off Sale Liquor License by A.S.
Liquor Inc. dba Continental Liquors at 2131 Hudson Road. (Laid over from November 30th
for adoption)
Adopted Yeas - 6 Nays - 0
7. Resolution - 93-1778 - approving an On Sale Liquor, Sunday On Sale Liquor, Entertainment-
I, Gambling Location C, and Restaurant B License by Kelico Inc. dba Buddy's Saloon at 755
Jackson Street. (Laid over from November 30th for adoption)
Adopted Yeas - 6 Nays - 0
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December 7, 1993
8. Resolution - 93-1810 - approving applications for the renewai of various Class Iil Licenses
by: Vi's Therapeutic Massage Center, Catholic Charities/Pat's Pub, The Professional Auto
Body, Midway Cheverolet, Total, Steve's Auto Service, Catholic Charities/Reaney's Bar,
Kelly's Auto Repair, Remington Auto Repair and Frank's Auto Service. (1"o be laid over one
week for adoption)
Laid over until December 14th for adoption.
9. Resofution - 93-1811 - accepting grants from Corporate Foundations and Community
Funding Sources to support the implementation of a City-wide prevention strategy to
prevent racism/ethnic violence, bigotry bias motivated crimes.
Adopted Yeas - 6 Nays - 0
10. Resolution - 93-1812 - entering into a lease by the Division of Parks & Recreation with the
Boys and Girls Club to manage the Sackett Recreation Center.
Adopted as amended Yeas - 6 Nays - 0
11. Resolution - 93-1813 - supporting affordable housing policies and opportunities.
Laid over until December 14th.
COMMITTEE REFERRAL:
12. Resolution - 93-1814 - approving the submission of the Saint Paul Comprehensive Housing
Affordability Strategy Plan (CHAS) FY 94-98 to Housing & Urban Development (HUD).
(Housing & Economic Development)
Referred to the Housing & Economic Development Committee.
ORDINANCES
13. Second Reading - 93-1795 - An ordinance amending Chapter 361 of the Legislative Code
relating to wreckers and tow trucks, eliminating class "B" and "C" motor vehicle service
categories from licensing as is currently done�in compliance with State Law. (For Action)
Laid over until December 9th for Third Reading/Public Hearing.
14. First Reading - 93-1815 - An ordinance amending Chapters 60 and 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)
Referred to the Housing & Economic Development Committee.
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December 7, 1993
15. First Reading - 93-1816 - An ordinance to amend ordinance # 17171 by creating an
additional commercial development district on Gannon Road between Norfolk Avenue and
Shepard Road. (Housing & Economic Development)
Referred to the Housing & Economic Development Committee.
Councilmembers Maccabee and Wilson left the meeting at this point and returned later in
the meeting.
COMMITTEE REPORTS:
16. Resolution - 93-1583 - changing the rate of pay for Adaptive Recreation Director in the
Salary Plan and Rates of Compensation resolution. (Finance Committee recommends
approval)
Councilmember Thune moved approval.
Adopted Yeas - 4 Nays - 0
17. Resolution - 93-1622 - amending the 1993 Budget of the Police Department by accepting
and expending a grant from the State of Minnesota in the amount of $12,375 to fund a pilot
program entitled "Crisis Intervention Team". (Finance Committee recommends approval)
Councilmember Thune moved approval.
Adopted Yeas - 4 Nays - 0
18. Resolution - 93-1623 - changing the rate of pay for Police Trainee in the Salary Plan and
Rates of Compensation. (Finance Committee recommends approval)
Councilmember Thune moved approval.
Adopted Yeas - 4 Nays - 0
19. Resolution - 93-1624 - amending the 1993 Budget of Public Health to increase the spending
authority in the Women Infant Child (WIC) Program. (Finance Committee recommends
approval) .
Councilmember Thune moved approval. .
Adopted Yeas - 4 Nays - 0
Councilmember Maccabee returned to the meeting to the meeting during the discussion of
the following item. .
PUBLIC HEARINGS:
20. Third Reading - 93-1718 - An ordinance amending Chapters 60 through 67 of the Legistative
Code pertaining to zoning. (referred to the Housing & Economic Development Committee
with readings to continue)
No one appeared in opposition. �
(Discussion continued on following page)
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December 7, 1993
(Discussion continued from previous page)
Marv Bunnell reviewed technical amendments and recommended their approval.
After a brief discussion, Councilmembers Maccabee and Thune moved approval of the
substitute ordinance.
Councilmember Long questioned whether Capital Area is defined in local or State Law and
was answered in the affirmative.
Adopted Yeas - 6 Nays - 0
Substitute laid over until December 14th for Final Adoption.
21. Resolution - 93-1162- ordering the owner to repair or remove the building located at 778
E. 5th Street. (Neighborhood Services Committee recommends approval)
Dan O'Fallon who owns 315 N. Chatsworth, spoke in opposition to the City's Policy for
demolition.
Councilmember Maccabee responded by clarifying the Council's procedures for demolition
and the extensive efforts undertaken to avoid demolition.
Councilmember Guerin recommended approvaL
Adopted Yeas - 5 Nays - 0
Council President Wilson returned at this point in the meeting.
22. Resolution - 93-1521 - ordering the owner to repair or remove the building at 631 Arcade
Street. (Neighborhood Services Committee recommends approval as amended)
No one spoke in opposition.
Councilmember Guerin reviewed and moved the Neighborhood Services Committee
recommendation for approval as amended.
Adopted Yeas - 6 Nays - 0•
23. Resolution - 93-1522 - ordering the owner to repair or remove the building at 315 N.
Chatsworth Street. (Neighborhood Services Committee recommends approval.
Chuck Votel, Public Health Division reviewed the file in this area and noted that action has
been taken, except that building permits have not been obtained.
Dan O'Fallon, owner spoke about the difficulties of understanding and following the
demolition process. He said that the code compliance provided by the City at the time of
the purchase, did not clearly reflect all the rehabilitation problems and costs of renovation.
He said extensive funds have been put into rehabilitation of the property and that he has
had trouble with one of the contractors not obtaining the proper permits.
Council President Wilson reiterated the need to require contractors to pull all necessary
permits, noting that the property owner is ultimately responsible for any violations.
After further discussion with Mr. O'Fallon about procedures and the proposed time lines,
Councilmember Guerin suggested that the resolution be modified to allow 30 days for the
work to be completed prior to demolition. '
Mr. O'Fallon� concurred that more time was reasonable, and Councilmember Guerin moved
approval as amended.
Adopted � Yeas - 6 Nays - 0. �
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December 7, 1993
24. Resolution - 93-1820- ordering the owner to repair or demolish the building at 107 Winter
Street. (Neighborhood Services Committee recommended to delete the Housing and
Redevelopment Authority from the resolution as an interested or responsible party and
moved approval as amended to 30 days to repair if the owner provided proof of liability
insurance to the Council by December 7th)
Chuck Votel, Health Division gave an update on the rehabilitation efforts to date.
Councilmember Rettman requested that the resolution include the same provisions
regarding liability insurance and code compliance as item # 22.
After a brief discussion, Councilmember Guerin concurred and Councilmember Rettman
moved approval as amended.
Adopted Yeas - 6 Nays - 0
25. Final Order - 93-1821 - ln the Matter of constructing the Hampden/University Area Storm
Sewer Separation Project.
No one appeared in opposition.
Councilmember Maccabee moved approval.
Adopted Yeas - 6 Nays - 0
26. Final Order - 93-1822 - In the Matter of improving the streets with a new bituminous
surfaced roadway, and a lantern style street lighting system in conjunction with the
Hampden/University Area Street Paving and Lighting Project.
No one appeared in opposition.
Councilmember Maccabee moved approval.
Adopted Yeas - 6 Nays - 0
27. Final Order - 93-1823 - In the Matter of construction of sanitary sewer, storm sewer and/or
water service connections, if requested by the property owner in conjunction with the
Hampden/University Area Storm Sewer and Street Paving and Lighting Project.
No one appeared in opposition. �
Adopted Yeas - 6 Nays - 0
28. Resolution Ratifying Assessments - 93-1824 - In the Matter of the boarding up of vacant
buildings for July and August, 1993; demolition of. vacant buildings for July, August &
September, 1993; collect administrative charges incurred by Health Department notifying
property owner to repair or demolish building; and Summary Abatements (property Clean
up) for Summer and Fall ofi 1993.
Councilmember Guerin outlined the Neighborhood Services Committee recommendation
for deletion and lay over of several addresses.
John Betz, Health Division reviewed the� file and staff activities related to 694 Sherburne
Avenue.
Alfred Rocklitz, 2445 N. Pascal Avenue and owner of 694 Sherburne spoke in opposition
to the assessments and said City staff misinformed him regarding the process and the
actions being taken against his property. He expressed concern about the number of City
staff and different departments that wer.e involved with his property and the abrupt treatment
he received at the Council Committee meeting. (Continued on following page)
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December 7, 1993
(Continued from previous page)
Councilmembers and John Betz responded to questions of Mr. Rocklitz.
Councilmember Thune moved to close the Public Hearing.
Roll Call Yeas - 6 Nays - 0
Councilmember Rettman moved approval of the assessment as recommended by
Committee.
Adopted Yeas - 6 Nays - 0
Upon request of Council President Wilson, Councilmember Maccabee moved approval to
suspend the rules to introduce the following ordinance for First Reading.
Council President Wilson briefly outlined his proposal for creating two new Departments.
Adopted Yeas - 6 Nays - 0
First Reading of an ordinance - 93-1836 establishing the Department of Human Rights and
the Department of Administrative Services.
Councilmember Maccabee moved to refer the item to the Finance Committee.
Discussion ensued among Councilmembers regarding the time line for adoption and
financial implications.
After further discussion, Councilmember Maccabee moved referral to the Finance
Committee with readings to continue.
Roll Call Yeas - 6 Nays - 0
Referred to the Finance Committee with the Second Reading to be held December 14th.
Councilmembers Guerin, Maccabee, Thune moved adjournment.
Adopted Yeas - 6 Nays - 0
� � UR A 0:15 A.M.
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ATTEST: .
j Co cil President, William Wilson
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�`' ���� �' Minutes approved by Council
City Clerk, .Molly O'R rke �,,�,��� � �993
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