Minutes 11-23-1993 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Tuesday, November 23, 1993
9:00 A.M: ROOM 330 CITY HALL AND COURT HOUSE
_ (temporary Council Chambers)
Third Fioor �City Hall and Cour# House
Saint Paul, Minnesota
The meeting was calied to order by President �Ison at 9:05 A.M.
Present - 6- Councilmembers Guerin, Long, Maccabee, Rettman, Thune, Wilson
Absent - 1- Councilmember Grimm (arrived after the Consent Agenda)
Councii President �Ison requested that item # 23 be removed from the Consent Agenda
for discussion.
Councilmember Maccabee requested that item # 25 be referred to the Finance
Committee.
s� `Councilmember Maccabee moved approval of the Consent Agenda as amended
� Adopted Yeas - 6 Nays - 0
CONSENT A(�'ENDA
FOR ACTION ' �
T .
1. Approval of the minutes from the October 14, October 18 Closed Door, October 18 Closed
Door, October 19, 21, 26 and 28 meetings.
Adopted Yeas - 6 Nays - 0
2. Administrative Orders D-12635 through D-12657 noted as on file in the City Clerk's Office.
3. Claims of Krista Anderson, Cory Dana Barker, wllard J. Cecchi, �im Flemino, Family of
Vong Lee, Jeffrey Peterson, Sweatshop Inc. (Gayle Winegar) and Witcher Construction
Company.
Referred to the City Attorney's Office.
4. Communication from Mayor Scheibel announcing an opening on the Skyway Governance
Committee. c c # 13793
5. Summons and Complaint in the Matter of Frstar Bank of Minnesota, N.A. vs the City of
Saint Paul et al.
Referred to the City Attorney's OfFice.
670
November 23, 1993
6. Appeal of Thomas P. Donnelly Jr. to a Summary Abatement Order for property at 372
Clifton owned by Ann Carpenter. (City Clerk's Office recommends date of Public Hearing
before the Neighborhood Services Committee for December 1 st and before the City Council
on December 9th)
7. Resolution - 93-1740 - approving renewal of various On Sale Liquor and Supporting
Licenses by: Winner's and the Landmark Beverage Service. (To be laid over one week for
adoption)
Laid over until November 30th for adoption.
8. Resolution - 93-1741 - approving applications for renewal of various Class III Licenses by:
Ace Auto Parts & 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/Arnellia's. (To be laid
over one week for adoption)
Laid over until November 30th for adoption.
9. 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. (fo be laid over one week for
adoption)
Laid over until November 30th for adoption.
10. Resolution - 93-1700 - approving an application for an On Sale Uquor-C and Restaurant-B
License by Hong Chu dba China Dynasty Restaurant at 338 St. Peter Street. (Laid over
from November 16th for adoption)
Adopted Yeas - 6 Nays - 0
11. Resolution - 93-1701 - approving an application for an On Sale Liquor-A, Sunday On Sale
Liquor, Entertainment-III and Restaurant-D License by Chi-Chi's Midwest, Inc. dba Chi-Chi's
Mexican Restaurante at 389 N. Hamline Avenue. (Laid over from November 16th for
adoption)
Adopted Yeas - 6 Nays - 0
12. Resolution - 93-1702 - approving applications for the renewal of various Class III Licenses
by: Abra Inc. - Midway; Whitaker Buick/Jeep Eagle; Whebbe's Auto Service; Lenfer
Transmission; Garrick Ramp; Climb Inc/Sundance Lanes; The University Club of St. Paul;
Thong Auto Repair Inc.; Gametime; Desert Links Miniature Golf; National Fleet Sales Inc;
� and Mary Ann Abts. (Laid over from November 16th for adoption)
<Adopted Yeas - 6 Nays - 0
13. Resolution - 93-1703 - approving applications for renewal of Class III Gambling Premise
Permits by: Tiffany's, 2051 Ford Parkway; Starting Gate, 2516 W. 7th Street; and Gabe's
By the Park, 991 N. Lexington Parkway. (Laid over from November 16th for adoption)
Adopted Yeas - 6 Nays - 0
671
November 23, 1993
14. Resolution - 93-1704 - approving applications for the renewal of various Class III Licenses
by: Dave's Auto Service; Upper Midwest Amateur Boxing Alumni Association/Keily's Pub;
Ideal Hall; Gombolds Sporting Goods; Tires Pius; Long's Auto Place; Midway Chevrolet;
Prospect Towing & Tire Company; Krazy Kolor Signs; Tires Plus; Donald Burns Standard;
Tires Plus; Upper Midwest Amateur Boxing Alumni Association/Arcade Bar; St. Paul
Automotive Service; Parking Services Inc.; P& R Repair; and Precision Auto Body. (Laid
over from November 16th for adoption)
Adopted Yeas - 6 Nays - 0
15. Resolution - 93-1705 - approving the appointments by the Mayor of Edie Meissner, Alvin
Roth, and Christopher Oace to the Cable Access Board of Directors. (Laid over from
November 16th for adoption)
Adopted Yeas - 6 Nays - 0
16. Resolution - 93-1706 - approving the appointment of Shem Shakir to the City/County Health
Services Advisory Committee. (Laid over from November 16th for adoption)
Adopted Yeas - 6 Nays - 0
17. 1Resolution - 93-1707 - approving the appointment of Kelly Ransom and May Lo Xiong to
the Youth Movement Committee. (Laid over from November 16th for adoption)
Adopted Yeas - 6 Nays - 0
18. Re�olution `- 93-'�7743 - approving the appointments of Frank Kuter, Molly Grove, Carol
"Neuburger and the reappointment of Lawrence Tills to the Saint Paul Overnight Shelter
Board. (To be laid over one week for adoption)
Lald over until November 30th for adoption.
19. Resolution - 93-1744 - approving the appointment of Stanton Zobel to the Saint Paul
Planning Commission. (To be laid over one week for adoption)
Laid over until November 30th for adoption.
20. Resolution - 93-1745 - authorizing the Departmerrt of Fre & Safety Services to accept 864
batteries for replacement in smoke detectors.
Adopted Yeas - 6 Nays - 0
21. Resolution - 93-1746 - authorizing the Department of Fre & Safety Services to accept a
donation of $1,500 from Minnesota Mining & Manufacturing.
Adopted Yeas - 6 Nays - 0
22. Resolution - 93-1747 - setting hearing date of December 14, 1993 to consider increasing
the Sewer Service Availability Charge (SAC) from $750 to $800 beginning Janaury 1, 1994.
Adopted Yeas - 6 Nays - 0
23. (Discussed later in the meeting)
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November 23, 1993
24. ,Resolution - 93-1749 - correcting an assessment for the Cleveland/Portland Area Street
Paving & Lighting Project for property at 1848 Selby Avenue.
Adopted Yeas - 6 Nays - 0
25. Resolution - 93-1750 - amending the 1993 Budget in the Department of Planning &
Economic Development by releasing consultant funds from contingency.
Referred to the Finance Committee.
26. Resolution - 93-1751 - amending the 1993 Budget in the Department of Planning &
Economic Development/Family Investment Section/Job Training Council by accepting
Federal T�le III funding in the amount of $616,000 to provide services to 220 Northwest
Airlines Dislocated Workers.
Adopted Yeas - 6 Nays - 0
COMMIITEE REFERRAL:
27. Resolution - 93-1752 - amending the 1993 Capital Improvement Program by transferring
spending & financing from the 1992 Combined Sewer Separation Paving Program and
;adding Water Utility financing to the Edgcvmbe/St. Dennis Combined Sewer Separation
Project. (Finance)
Referred to the Finance Committee.
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Councilmember Grimm arrived at the meeting at this point.
MISCELLANEOUS:
61. Resolution - 93-1771 - recognizing George L. Gary and Bette E. (Coutts) Gary on the
occasion of their 50th Wedding Anniversary.
Council President Wilson introduced the couple and presented them with an honorary
resolution in commemoration of their 50th anniversary.
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
23. Resolution - 93-1748 - establishing a Friendship Cit�r relationship with Yingtan, Jiangxi
Province, People's Republic of China, creating a Friendship City Executive Committee and
;establishing certain rules and responsibilities.
Council President Wilson introduced members of the Chinese delegation. There was an
exchange of gifts made. The delegation presented to the City, two wooden carvings to be
= hung next to the doors leading to the Council chambers.
After a brief history of the process of the Sister City concepts� Councilmembers moved
approval.
Adopted Yeas - 6 Nays - 0
673
November 23, 1993
Council Presidenf Wilson le�t the meeting and did not return.
ORDINANCES
28. Final Adoption - 93-870 - An ordinance amending Chapter 64 of the Legislative Code
pertaining to the Zoning Code. (Housing & Economic Development Committee
recommends approval - Public Hearing held November 16th)
Councilmember Maccabee moved approval.
Adopted Yeas - 6 Nays - 0
Councilmember Guerin left the meeting at this point and returned later.
29. Final Adoption - 91-261 - An ordinance amending Chapters 60 & 62 of the Legislative Code
pertaining to revising off-street parking standards. (Housing & Economic Development
Committee recommends approval - Public Hearing held November 16th)
Councilmember Maccabee reviewed the original ordinance.
Councilmember Long questioned whether there was going to be more or less restrictive
parking with this ordinance.
��:After a brief discussion, Councilmember Maccabee moved approval.
Adopted Yeas - 5 Nays - 0
30. �� Final Adoption - 93-1324 - An ordinance amending Chapters 409 & 410 and amending
Chapters 60 & 62�f the Legislative code pertaining to various parking regulations regarding
�4Commercial parking regulations for neighborhoods with old trolley lines. (Housing &
'' Economic Developmerrt Committee recommends approval as amended - Public Hearing
� held on November 16th - amended at Public Hearing)
Councilmember Maccabee moved approval.
Adopted Yeas - 5 Nays - 0
31. Fnal Adoption - 93-1642 - An ordinance granting permission to VC Parking Limited Partners
to install and maintain a parking lot on a public alley near vctoria and Grand Avenues,
collectively known as �ctoria Crossing. (For Action - Public Hearing held November 16th)
Craig Blakely, Planning & Economic Development Department said the applicant has asked
for an indefinite layover of this item until a clear title to the land is available.
Councilmember Thune moved for an indefinite layover.
Roll Call Yeas - 5 Nays - 0
LAID OVER INDEFINITELY
32. Final Adoption - 93-1643 • An ordinance granting permission to Ramsey Courrty to install
and maintain a facade and flag poles at the main errtrance to the West Building on the
south side of Kellogg Blvd. between Market and St. Peter Streets. (For Action - Public
Hearing held November 16th)
Councilmember Thune moved approvaL
Adopted Yeas - 5 Nays - 0
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November 23, 1993
Councilmember Guerin returned to the meeting.
33. Final Adoption - 93-1646 - An ordinance amending Chapter 355 of the Legislative Code
relating to secondhand dealers. (Human Services, Health & Business Regulations
Committee recommends approval - Public Hearing held on November 16th)
Councilmember Maccabee moved approval.
Adopted Yeas - 6 Nays - 0
34. Second 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)
Laid over until November 30th for Third Reading/Public Hearing.
35. First Reading - 93-1753 - An ordinance amending Chapter 60.201.A of the Legislative Code
regarding the Zoning Code to change "adult massage parlor° to "adult massage center" to
correspond to the change in Chapter 412. (For Action)
Laid over until November 30th for Second Reading.
36. �First Reading - 93-1754 - An ordinance amending Chapter 60.213 M of the Legislative Code
regarding the Zoning Code to change umassage parlor" to "massage center" to correspond
to the change in Chapter 412 of the Legislative Code. (For Actio�)
Laid over until November 30th for Second Reading.
37. First Reading - 93-1755 - An ordinance repealing Chapter 331 of the Legislative Code and
replacing it with an amended Chapter 331 to update the present food code by deleting old
and obsolete terminology license categories, and standards. (Human Services, Health and
Business Regulation Committee recommends approval)
Laid over until November 30th for Second Reading.
38. First Reading - 93-1756 - An ordinance to amend the license fee schedule in Chapter 310
of the Legislative Code. (Human Services, Health & Business Regulation Committee
recommends approval)
Laid over until November 30th for Second Reading.
39. First Reading - 93-1757 - An ordinance amending Chapter 45 of the Legislative Code
relating to nuisance abatement to make vermin feeding a nuisance consistent with Section
-45.03. (For Action)
,s Councilmember Rettman moved to refer the item to the Neighborhood Services Committee.
Roll Call Yeas - 5 Nays - 0
Referred to the Neighborhood Services Committee.
Councilmember Thune left the meeting at this point and returned later.
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November 23, 1993
COMMITTEE REPORTS:
40. Resolution - 93-1344 - approving the appointment by the Mayor of Molly O'Rourke as Acting
Director of the � Information and Complaint Office. (Finance Committee recommends
approval as amended)
Councilmember Maccabee moved approval.
Adopted Yeas - 5 Nays - 0
41. Resolution - 93-1435 - amending the 1993 Budget by increasing the spending authority of
License, Inspection, & Environmental Heafth for a compliance audit review function of
Charitable Gambling enforcement. (Finance Committee recommends approval as
amended)
Councilmember Maccabee moved approvaL
Adopted Yeas - 5 Nays - 0
42. Resolution - 93-1507 - amending the 1993 Budget of Parks & Recreating by transferring
$75,000 to the financing and spending plans for engineering work needed for the Burtington
Northern Trail Corridor. (Finance Committee recommends approval)
� Councilmember Long moved to amend the resolution to include "any engineer design will
be consistent with tight rail process" and moved approval as amended.
Adopted Yeas - 5 Nays - 0
43. Resolution - 93-1585 - approving a five year extension of Lease Agreement granting to
Elizabeth Schmidt the use of vacant land for personal use. (Finance Committee
recommend� approval)
Councilmember Long moved approval.
Adopted Yeas - 5 Nays - 0
44. Resolution - 93-1719 - initiating the process for the hearings regarding the establishment
of six Commercial Parking Overlay Districts. (Housing & Economic Development Committee
recommends approval - originated in Committee - laid over from November 16th for
adoption)
Councilmember Maccabee said that this resolution was setting dates of Public Hearings to
be held in the neighborhoods and was not iderrtifying the districts at this �me.
Councilmember Grimm moved approvaL
Adopted Yeas - 5 Nays - 0 .
Councilmember Thune returned to the meeting.
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November 23, 1993
PUBLIC HEARINGS:
45. Third Reading - 93-1591 - An ordinance to amend Sections 409.22 and 409.24 concerning
� allowable compensation for charitable gambling employees and managers. (Human
Services Committee referred to Council without recommendation due to lack of a quorum)
No one appeared in opposition.
Laid over until November 30th for Fnal Adoption.
46. Final Order - 93-1758 - In the Matter of constructing the Eustis/Franklin Area Storm Sewer
Separation Project. (Public Works Committee recommends approval)
Ted Meyer, 767 Eustis presented a list of concerns to Councilmembers.
Paul St. Martin, Public Works Department answered questions of Councilmembers and said
he would meet with Mr. Meyer to address his concerns.
After a brief discussion, Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
47. Final Order - 93-1759 - In the Matter of improving streets with a new bitumir�ous surfaced
roadway, and a lantern style street lighting system in conjunction with the Eustis/Franklin
.Area Street Paving & Ughting Project. (Pubtic Works Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
48. Final Order - 93-1760 - In the Matter of constructing sanitary sewer, storm sewer and/or
water service connection, if requested by the property owner, for the Eustis/Franklin Area
Storm Sewer and Street Paving and Lighting Project. (Public Works Committee
recommends approval)
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
49. Resolution - 93-1761 - approving an application for transfer of a Gambling Manager's
Ucense currently held by Richard Balk to Carla J. Love dba Westside/Westend Youth
Hockey at the Brown Derby, 567 Stryker Avenue.
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted . Yeas - 6 Nays - 0
50. ; Resolution - 93-1762 - approving an application for a new Class C Gambling Location
License by Cusick Inc. dba Reaney's Bar at 870 Payne Avenue.
No one appeared in opposition.
Councilmember Grimm moved approval.
Adopted Yeas - 6 Nays - 0
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November 23, 1993
51. Resolution - 93-1763 - approving an application for a new State Class B Gambling Premise
Permit by Reaney's Bar at 870 Payne Avenue. �
No one appeared in opposition.
Councilmember Grimm moved approval.
Adopted Yeas - 6 Nays - 0
52. Resolution - 93-1764 - approving an application for a new Gambling Manager's License by
Rosemary Schwartzwald dba Catholic Charities at Reaney's Bar, 870 Payne Avenue.
No one appeared in opposition.
Councilmember Grimm moved approval.
Adopted Yeas - 6 Nays - 0
53. Resolution - 93-1765 - approving an application for a General Repair Garage License by
Schelen-Gray Auto Electric Inc. dba Schelen-Gray Auto Electric at 1592 Marshall Avenue.
No one appeared in opposition.
Councilmember Maccabee moved approval.
Adopted Yeas - 6 Nays - 0
54. Resolution - 93-1766 - approving an apptication for a Massage Therapist License by Lisa
Willems at 2221 Ford Parkway #200. �
No one appeared in opposition.
Councilmember Long moved approval.
Adopted Yeas - 6 Nays - 0 �
55. Resolution - 93-1767 - approving an application for a Massage Therapist License by Roger
D. Mound at 2221 Ford Parkway #200.
No one appeared in opposition.
Councilmember Long moved approval.
Adopted Yeas - 6 Nays - 0
56. Resolution - 93-1768 - approving an application for a Massage Therapist Ucense by
Timothy Kelty at 464 S. Snelling Avenue.
No one appeared in opposition.
Councilmember Macxabee moved approval.
Adopted Yeas - 6 Nays - 0
57. Resolution - 93-1769 - considering the petition of the Port Authority of Sairrt Paul for the
vacation of Broadway from East 9th Street to East 10th Street. (Public Works Committee
recommends approval)
A representative of Hocking Paper Company said they were interested in the property for
additional parking for their business.
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
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November 23, 1993
58. , Resolution - 93-1775 - ordering the owner to repair or remove the structure at 611 Rice
Street. (Neighborhood Services Committee recommends approval as amended to 30 days
to repair or remove)
No one appeared in opposition.
Councilmember Guerin reviewed the Committee report and moved approval as amended.
Adopted Yeas - 6 Nays - 0
59. Resolution - 93-1776 - ordering the owner to repair or remove the structure at 310
Sherburne Avenue. (Neighborhood Services Committee recommends to be laid over in
Committee)
Richard Cabrara, Attorney for the owner of the property said an additional time of 30 days
is needed to get the Code Compliance inspection done and post the $2,000 bond.
After a brief discussion, Councilmember.Guerin moved to lay over#he Public Hearing until
December 21 st Council meeting provided liability insurance is obtained within one week.
Roll Call Yeas - 6 Nays - 0
Laid over until December 21 st.
60. : Resolution - 93-1770 - ordering the owner to repair or remove the structure at 1949
Sherwood Avenue within 15 days of adoption and publication of this resolution.
No one appeared in opposition.
Councilmember Grimm moved approval.
Adopted Yeas - 6 Nays - 0
Councilmember Thune moved to reconsider C.F. 93-1737 that was adopted on November
18, 1993.
Adopted Yeas - 6 Nays - 0 .
Resolution - 93-1737 - to consider the level of service for the 1994 Street and Alley
Maintenance Program. (Adopted 11-18-93)
Councilmember Thune moved to refer to the Public Works Committee.
Roll Call Yeas - 6 Nays - 0
Referred to the Public Works Committee.
Councilmember Maccabee moved to suspend the rules to introduce the following
ordinance.
Adopted Yeas - 6 Nays - 0
:_= First Reading - 93-1774 - An ordinance amending Chapter 60 of the Legislative Code
� pertaining to regulating the location of firearms dealers who sell firearms.
::-Laid over until November 30th for the Second Reading.
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November 23, 1993
ADDITIONAL ITEM:
1. Preliminary Ocder - 93-1773 - In the Matter of improving Mississippi River Blvd. Parkway
from Pelham Blvd. to Emerald Street by removing existing pavement, concrete curb and
catch basins and replacing with concrete curb and gutter, a bituminous pavement,
ornamental lighting and a combined bicycle/pedestrian path and boulevard landscaping
from Dayton Avenue to Pelham Blvd. and setting date of Public Hearing for December 14,
1993.
Councilmember Thune said this would be heard in the Public Works Committee on
December 1 st.
Referred to the Public Works Committee.
Councilmember 7hune moved to adjourn the meeting.
Adopted Yeas - 6 Nays - 0
ADJOURNED AT 9:45 A.M.
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ATTEST:
�� Council Presiderrt, wlliam Wilson
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� Assis�ant City Clerk, Frances Swanson /1? �� J 8 , � 9 ,
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