Minutes 11-30-1993 . SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Tuesday, November 30, 1993
9:00 A.M. Room 330 City Hall and Court House
(temporary 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 - 4- Councilmembers Guerin, Maccabee, Rettman, Wilson
Absent - 3- Councilmembers Grimm, Long, Thune (all arrived later in the meeting)
MISCELLANEOUS:
47. Recognition of early retirement of City employees.
Councilmember Rettman introduced Kathleen Tretgilas who has worked in the Division
of Libraries for 31 years.
Council President �Ison congratulated Maridee McEvoy who worked for 35 years in
various departments of the City and is retiring from the Department of Parks & Recreation.
Councilmember Thune arrived at the meeting.
Councilmembe�� Maccabee requested item # 25 be removed from the Consent Agenda
for discussion.
Councilmember Rettman said that item # 28 did not need to go to Committee.
Councilmember Rettman requested item # 6 be removed from the Consent Agenda for
discussion.
Councilmember Maccabee moved approval of the Consent Agenda as amended.
Adopted Yeas - 5 Nays - 0
CONSENT AGENDA
FOR ACTION
1. ;�Claims of Frank J. Albrecht, Paul A. Ha�eld, Joe Jents� Jaclyn Kanthak, Alex Pavlov, Chris
�& Rita Sicora and Mary Williams.
Referred to the City Attorney's Office.
2. Notice to Respondents In the Matter of the condemnation of certain lands for County
recreational park purposes.
Referred to the City Attorney's OfFice.
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November 30, 1993
3. Summons & Complaint In the �Matter of Darlene Zank vs the City of Saint Paul et al.
Referred to the City�Attorney's Office.
4. Summons In a�Civil Action In the Matter of Dorothy Barnes Mickel vs the City of Saint Paul
et al.
Referred to the City Attorney's Office.
5. Correspondence from the Office of the City Attorney informing interested persons to be
aware that the hearing before an Administrative Law Judge pertaining to licenses held by
Born's Bar, 899 Rice Street has been continued, subject to resetting.
6. (Discussed later in the meeting)
7. Letter from the Department of Health declaring the following properties as 'nuisance
buildings': 1115 Bush Avenue and 1300-02 Lafond Avenue. (For notification purposes only,
Public Hearings will be scheduled at a later date, if necessary)
8. Resolution - 93-1740 - approving applications for renewal of various On Sale Liquor and
Supporting Licenses by: Winner's and Landmark Beverage Service. (Laid over from
' November 23rd for adoption)
Adopted Yeas - 5 Nays - 0
9. Resolution - 93-1741 - approving applications for renewal of Various Class III Licenses by:
Ace Auto Parfs &� Salvage; Commercial State Bank; First Baptist Church; Mike's Texaco
Service; Midway Truck Service; LBC Parking Ramp; Freeway Auto Body Inc; R& T Magic
Auto Repair; Duds N Suds and North Suburban Youth Association/Arnellias. (Laid over
from November.23rd for adoption)
Adopted Yea� - 5 Nays - 0
10. Resolution - 93-1742 - approving applications for renewal of Class III Gambling Premise
Permits by: Upper Midwest Amateur Boxing Alumni Assn. at Kelly's Pub and Upper
Midwest Amateur Boxing Alumni Assn. at Arcade Bar. (Laid over from November 23rd for
adoption)
Adopted Yeas - 5 Nays - 0
11. Resolution - 93-1777 - approving an application for an Off Sale Liquor License by A.S.
Liquors Inc. dba Continental Liquors at 2131 Hudson Road. (To be laid over one week for
adoption)
Laid over until December 7th for adoption. �
12. Resolution - 93-1778 � approving an application for renewal of an On Sale Liquor-C, Sunday
On Sale Uquor, Entertainment-I, Gambling Location-C, and Restaurant-B Ucense by Kelico,
. Inc. dba Buddy's Saloon at 755 Jackson Street. (To be laid over one week for adoption)
Laid over until December 7th for adoption.
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November 30, 1993
13. Resolution - 93-1743 - approving the appointments of Frank Kuter, Molly Grove, Carol
Neuburger and the reappointment of Lawrence Tills to the Saint Paul Overnight Shelter
Board. (Laid over from November 23rd for adoption)
Adopted Yeas - 5 Nays - 0
14. Resolution - 93-1744 - approving the appointment of Stanton Zobel to the Saint Paul
Planning Commission. (Laid over from November 23rd for adoption)
Adopted Yeas - 5 Nays - 0
15. Resolution - 93-1779 - finalizing Council action to an appeal to a Summary Abatement Order
by Charles T. Drake for property at 585 Sherburne Avenue. (Public Hearing held
September 28, 1993)
Adopted Yeas - 5 Nays - 0
16. Resolution - 93-1780 - finalizing Council action to a Summary Abatement Order by Jeffrey
Boston for property at 144 N. Lexington Parkway. (Public Hearing held September 28,
1993)
Adopted Yeas - 5 Nays - 0
17. Resolution - 93-1781 - finalizing Council action denying an application for an Off Sale Liquor
License at 606 Selby Avenue. (Public Hearing held November 16, 1993)
Adopted Yeas - 5 Nays - 0
18. Resolution - 93-1782 - finalizing Council action on a violation of conditions on the General
Repair Garage License held by Michael Bartelmy dba Mike's Towing at 847 Hudson Road.
(Public Hearing held November 2, 1993) �
Adopted Yeas - 5 Nays - 0
19. Resolution - 93-1783 - authorizing payment of $5,000 from the Tort Liability Fund to Max
Goodman in settlement of his claim.
Adopted Yeas - 5 Nays - 0
20. Resolution - 93-1784 - authorizing the Public Works Department to apply for a$7,900,000
State Grant to partially finance Saint Paul's 1994 Sewer Separation Program.
Adopted Yeas - 5 Nays - 0
21. Resolution - J3-1785 - approving Urban Revitalization Action Program (URAP) activities as
.part of the East Side Renewal URAP Project known as the York/Sims development project.
Adopted Yeas - 5 Nays - 0
22. Resolution - 93-1786 - approving disbursement of Youth Program Funds (Charitable
Gambling).
Adopted Yeas - 5 Nays - 0
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November 30, 1993
23. Resolution - 93-1787 - correcting the description of the vacated alley in Block 1, Elfelt,
Bernheiner and Arnolds addition which was vacated by C.F. 84-1650.
Adopted Yeas - 5 Nays - 0
24. Resolution • 93-1788 - approving installation "No Parking 8AM-8PM Monday through Friday
Except by Permit" restriction on Exeter PI. between Riverwood PI. and Dayton Avenue.
Adopted Yeas - 5 Nays - 0
25. (Discussed latter in the meeting)
26. Resolution - 93-1790 - correcting an assessment for the Palace/Toronto Area Storm Sewer
Separation Project for property at 415 Arbor Street.
Adopted Yeas - 5 Nays - 0
27. Resolution - 93-1791 - correcting assessments for properties in the Goodrich/Smith Area
Storm Sewer Separation Project.
Adopted Yeas - 5 Nays - 0
,COMMITTEE REFERRAL:
28. Fiesolution - 93-1792 - amending the 1993 Budget for Planning & Economic Development
by transferring the financing & spending plans for Printing Services.
Adopted . Yeas - 5 Nays - 0 .
29. Resolution - 93-1793 - accepting the "Minneapolis-Saint Paul CO2 Project Plan: A
framework for developing strategies to reduce CO2 emissions". (Intergovernmental
Relations Committee)
Referred to the Intergovernmental Relations Committee.
30. Resolution - 93- 1794 - authorizing a funding and participation agreement for a Downtown
Shuttle System. (Public Works)
Referred to the Public Works Committee.
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Councilmember Grimm arrived at this point in the meeting.
6. Letter from the Civil Service Commission vetoing C.F. 93-1590 which is an Ordinance
establishing the position entitled Office of License, Inspections and Environmerrtal Protection
Director.
A brief discussion ensued among Councilmembers regarding this being an appointed
position.
�ouncilmember Guerin said the new Mayor elect should have the flexibility of choosing his
staff and moved to override the Civil Service Commission veto.
Adopted Yeas - 6 Nays - 0
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November 30. 1993
25. . - 93-1789 - authorizing the execution of a Joint Powers Agreemerrt for the
purpose of obtaining a Disparity Study, authorizing the release of funds and appointing City
representatives to the Joint Powers Board of Directors.
Councilmember Mac�abee said the City Attorney has made a minor amendment to this
re'solution.
City Attorney, Natalie Hudson reviewed the phrase to be changed regarding Council
designees.
Councilmember Maccabee moved approval as amended.
ADOPTED Yeas - 6 Nays - 0
ORDINANCES
31. Final Adoption - 93-1591 - An ordinance to amend sections 409.22 and 409.24 concerning
allowable compensation for charitable gambling employees and managers. (Substitute
adopted - Public Hearing held November 18th)
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
Councilmember Long arrived at the meeting at this point.
32. 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.Q3.2(H). -(Public Hearing held November 18th)
Councilmember Guerin said he understood that Councilmember Rettman may need this
change to operate her office, but that he was pleased with the work performed by his
secretary and could not support the change.
Councilmember Maccabee spoke against the change due to negative effects on long time
City employees who did not have bumping rights.
Councilmember Grimm says incoming Councilmembers should have a part in this decision
and urged withdrawal of the ordinance.
Councilmember Long spoke in opposition to the ordinance.
After further discussion, Councilmember Thune moved to lay over the item for 8 weeks until
the new Councilmembers have taken office.
Councilmember Rettman outlined the process that had been used to arrive at this proposal.
Councilmember Thune renewed his motion.
Roll Call Yeas - 7 Nays - 0
Laid over until January 25th.
49. Resolution - 93-1688 - establishing the rate of pay and benefits for the unclassified
Councilmember-Secretary positions. (Laid over from November 18th)
(see discussion with item # 32)
Councilmember Thune moved to lay over the item 8 weeks.
Roll Call Yeas - 7 Nays - 0
Laid over until January 25th.
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November 30, 1993
33. Final Adoption - 93-1690 - An ordinance amending section 32.01 of the Administrative Code
pertaining to compensation and benefits provided to the Mayor and City Council in
accordance with the applicable provisions of State Law and the City Charter. (Substitute
adopted and Public Hearing held November 18th)
City Attorney, Natalie Hudson reviewed the ordinance and said it does not allow for a refund
of any unused benefits to Councilmembers.
After further discussion, Councilmember Maccabee moved approval.
Adopted Yeas - 7 Nays - 0
34. Second Reading - 93-1733 - An ordinance to enact Chapter 380 of the Legislative Code
establishing the licensure of tanning facilities. (For Action)
An extensive discussion ensued among Councilmembers regarding fees to be charged,
number of inspec'�ions, and time lines for inspections.
Councilmember Guerin asked if the inspections would be done on a regular schedule or
only on a complaint basis.
Bob Kessler, Ucense Division said it has not been determined but would be reviewed prior
to adoption.
Further discussion ensued between Councilmembers regarding standards, inspections and
� the public policy issues.
Laid over until December 2nd for Third Reading/Public Hearing.
35. Second Reading - 93-1753 - An ordinance amending Chapter 60.201.A of the Legislative
Code, changing �the reference to "adult massage parlor" to "adult massage center"
corresponding to the change in Chapter 412. (For Action)
Laid over until December 2nd for Third Reading/Public Hearing.
36. Second Reading - 93-1754 - An ordinance amending Chapter 60.213M of the Legislative
Code changing the reference to "massage parlor" to "massage center" corresponding to the
change in Chapter 412 of the Code. (For Action)
Laid over urrtil December 2nd for Third Reading/Public Hearing.
37. Second Reading - 93-1755 - An ordinance repealing sections 331.01 to 331.44 of the
Legislative code and replacing it with an amended Chapter 331 to update the present food
code and deleting obsolete terminology, license categories and standards. (For Action)
Laid over ur�til December 2nd for Third Reading/Public Hearing.
38. Second Reading - 93-1756 - An ordinance to amend the license fee schedule in Chapter
310 of the Legislative Code. (For Action) �
Laid over until December 2nd for Third Reading/Public Hearing.
39. Second Reading - 93-1774 - An ordinance amending Chapter 60 of the Legislative Code
pertaining to regulating the location of firearms dealers who sell firearms. {For Action)
Laid over urrtil December 2nd for Third Reading/Public Hearing.
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November 30, 1993
40. , First 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 7th for Second Reading.
PUBLIC HEARINGS:
41. Third Reading - 93-1644 - An ordinance amending Chapter 412 of the Legislative Code
relating to massage Therapists. (Human Services, Health & Business Regulation Committee
recommends approval - laid over from November 16th)
No one appeared in opposition.
Chris VanHorn, License Department said an additional 3 weeks layover was needed to meet
with the Therapist community to resolve questions and concerns.
Councilmember Maccabee moved to lay over the Public Hearing until December 21 st.
Roll Call Yeas - 7 Nays - 0
Laid over until December 21 st.
42. Third Reading - 93-1645 - An ordinance amending Chapter 414 of the Legislative Code
relating to massage parlor operation. (Human Services, Health & Business Regulation
Committee recommends approval - laid over from November 16th)
No one appeared in opposition.
(see discussion with item # 41)
Councilmember Maccabee moved to lay over the Public Hearing until December 21 st.
Roll Call Yeas - 7 Nays - 0
Laid over until December 21 st
43. Third Reading - 93-1718 - An ordinance amending Chapters 60 through 67 of the Legislative
Code pertaining to zoning. (referred to Housing & Economic Development Committee with
readings to continue)
No one appeared in opposition.
Larry Soderholm, Planning & Economic Development Department requested a one week
layover to finalize the changes proposed by the Committee.
Councilmember Grimm moved approval of the continuation of the Public Hearing.
Roll Call Yeas - 7 Nays - 0
Laid over until December 7th.
44. Resolution - 93-1804 - approving an application for an On Sale Liquor (A), Liquor On Sale-
Sunday, Entertainment Class III, Gambling Location (A), and Restaurant (D) Licenses held
by JB1 Enterprises Inc., dba Peppercorn's at 1178 Arcade Street.
No one appeared in opposition.
Councilmember Grimm moved to suspend the rules to introduce the resolution that was
received in the City Clerk's office after the agenda was published.
Roll Call Yeas - 7 Nays - 0
Councilmember Grimm moved approval.
Adopted Yeas - 7 Nays - 0
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November 30, 1993
45. Report of an Administrative Law Judge including Findings of Fact, con�lusions and
Recommendations in the matter of the adverse hearing involving all licenses held by C.L.
Hinze, Inc. dba Chuck's Bar at 901 Payne Avenue.
Phif Bryne, Assistant City Attorney reviewed the staff report and the Administrative Law
Judge recommendation.
Councilmember Maccabee left the meeting and returned during the discussion of this item.
After a brief discussion among Councilmembers, Mr. Bryne recommended that the Council
follow the penalty matrix for the license.
Chuck Hinze, owner of the business said there was a new bartender on duty and that
serving liquor to intoxicated persons was not the policy of�his business. Mr. Hinze said
someone bough��the drink for the intoxicated person and the bartender was not aware of
who the drink was for.
Councilmember Long moved to close the Public Hearing.
Roll Call Yeas - 7 Nays - 0
Councilmembers expressed concern about serving alcohol to an intoxicated individual and
voiced support for a one day suspension instead of a fine.
°Councilmember Maccabee moved for a one day suspension of the liquor license.
Roll Call Yeas - 7 Nays - 0
Adopted Motion of Intent to suspend license one day.
� 46.`` Resolution - 93-1.�96 - gi�ing final approval to the issuance by the Minneapolis/Saint Paul
` Housing Finance Board of single family mortgage revenue bonds and mortgage credit
certificates to finance Phase X First-Time Homebuyer Program.
No one appeared in opposition. '
Councilmeber Maccabee moved approval.
Adopted Yeas - 7 Nays - 0
Councilmember Long left the meeting at this point and did not return.
48. Discussion of enforcement regarding sales of guns to jwenites. (Human Services, Health
& Business Regulations Committee requested staff conduct enforcement measures to
prevent gun sales to minors - laid over from November 18th) .
Counalmember Maccabee said this had been discussed in Committee and there was no
action necessary. c.c. # 13795
ADDITIONAL AGENDA:
1. Public Hearing to consider establishing storm sewer system charges for 1994.
Councilmember Thune said this item was still being discussed in Committee and recommended
the Public Hearing be continued after taking testimony until the Committee has �inalized action.
Dan Winkler from Arden Hills Water Department and Joel Hanson from Little Canada Water
Utilities said they would appreciate being informed of rate increases as early as possible
because they must adjust the rates they charge their customers. (Continued on following page)
688
� November 30, 1993
,_(Contin�ed from previous page)
They also expressed concern about the level of increases over the past few years.
Councilmember Guerin asked that suburbs who use City water be put on the mailing list for
Board of Water Commission Meetings to assure early notification.
Councilmember Thune moved continuation of the Public Hearing.
Roll Call Yeas - 6 Nays - 0
Public Hearing corrtinued until December 14th.
2. Public Hearing to consider establishing sanitary sewer rates for 1994.
(see discussion with item # 1 above)
Councilmember Thune moved continuation of the Public Hearing.
Roll Cail Yeas - 6 Nays - 0
Public Hearing continued until December 14th.
3. Public Hearing to consider establishing water rates for 1994.
(see discussion with item # 1 above)
Councilmember Thune moved continuation of the Public Hearing.
Roll Call � Yeas - 6 Nays - 0
Public Hearing continued until December 14th.
Councilmember Grim�n moved to suspend the rules to introduce the following resolutions for
adoption.
Adopted Yeas - 6 Nays - 0
Resolution - 93-1805 - approving an application for renewal of State Class B Gambling Premise
Permits by Shenanigan's, 499 E. Payne Avenue and Chuck's Bar, 901 Payne Avenue.
Councilmember Grimm moved approval.
Adopted Yeas - 6 Nays - 0
Councilmember Guerin moved to suspend the rules to introduce the following resolution.
Adopted Yeas - 6 Nays - 0
Resolution - 93-1806 - approving an application for renewal of State Class B Gambling Premise
Permits by Minnehaha Tavern, 735 White Bear Avenue and Michael's, 1179 E. 7th Street.
Councilmember Grimm moved approval.
Adopted Yeas - 6 Nays - 0
Upon request of Council President Wilson, Councilmember Thune moved to suspend the rules
to introduce the following resolution.
Adopted Yeas - 6 Nays - 0
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November 30, 19�i
Resolution - 93-1807 - extending honorary citizen status to Mr. Liu Zu San, Mr. Zhang Guo Xi,
Mr. Wan Change Sheng, Mr. Lui Yong and Mr. Li Yu Qiang as representatives of a Friendship
City Relationship with the People of Yingtan, Jiangxi Province of the People's Repubiic of China.
Councilmember Thune moved approval. �
Adopted Yeas - 6 Nays - 0
Councilmember Grimm reminded people of the Levy Budget Hearing to be held this evening
at the Phalen Park Golf Club House at 7:00 P.M.
Councilmember Thune moved to adjourn the meeting.
Adopted Yeas - 6 Nays - 0
ADJOURNED AT 10:15 A.M.
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Council President, wlliam �Ison
__ `� Minutes approved by Council
City le , Molly O' urke
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