Minutes 11-09-1993 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Tuesday, November 9, 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 �Ison at 9:00 A.M.
Present - 6- Councilmembers Guerin, Long, Maccabee, Rettman, Thune, Wilson
Absent - 1- Councilmember Grimm (vacation excused)
Councilmember Rettman requested that item # 15 be removed for discussion.
Councilmember Maccabee requested that item # 21 be removed for discussion.
Councilmember Rettman moved approval of the Consent Agenda as amended.
Adopted Yeas - 6 Nays - 0
CONSENT AGENDA
''FOR ACTION
1. Approval of minutes from the October 12, 1993 City Council meeting.
Adopted Yeas - 6 Nays - 0
2. Claims of Lynn Deatherage and John H. Dolan.
Referred to the City Attorney's Office.
3. Summons & Complaint in the Matter of Carol Ann Mueller, as trustee for the heirs and next-
of-kin of Jill Ann Huntington vs the City of Saint Paul.
Referred to the City Attorney's Office.
4. Administrative Orders D-12623 through D-12634 noted as on file in the City Clerk's Office.
5. Appeal of George A. Smolik to an assessment for sewer separation work for property at 941
Eleanor Avenue. c c# 13790
6. Letter from the Department of Public Health listing the following properties as "nuisance
buildings" as defined in the Legislative Code: 217-219 Bates Avenue, 19 Como Avenue and
501 Sherburne Avenue. (For notification purposes only - Public Hearings will be scheduled
at a later date. if necessary)
7. Resolution - 93-1579 - approving applications for renewal of various On Sale Wine Licenses
by: The Italian Oven Inc. and White Lily Restaurant. (Laid over from November 2nd for
adoption)
Adapted Yeas - 6 Nays - 0
641
November 9, 1993
8. Resolution - 93-1664 - appr.oving applications for the renewal of Class III Gambling Premise
Permits by: St. James Church; Friends of Animal Adoptions, Inc. at Degidio's; St. James
Church at the Spot Bar; Friends of Mimai Adoptions Inc. at T J Betl's and Friends of Animai
Adoptions Inc. at Pickle's Lounge. (To be laid over one week for adoption)
Laid over until November 16th for adoption.
9. Resolution - 93-1665 - approving an application for the renewal of a Class III Gambling
Premise Permit by Climb Inc. at the Sundance Bowl. (To be laid over one week for
adoption)
Laid over until November 16th for adoption.
10. Resolution - 93-1631 - approving applications for the renewal of Various Class Itl Licenses
by: You and Me Restaurant; Earl Zaiser; Larry's Auto Body; St. Paul YVNCA; Bear's Place;
East Side Collision Center; and the Center for Therapeutic Massage. (Laid over from
November 2nd for adoption)
Adopted Yeas - 6 Nays - 0
11. Resolution - 93-1632 - approving the appoir�tment of Shirley Davis to the Board of Trustees
of the Saint Paul Police Relief Association and the Saint Paut Firefighters Retief Association.
(Laid over from November 2nd for adoption)
Adopted Yeas - 6 Nays - 0
12. Resolution - 93-1633 - approving the appointment of Nancy Winter and Kathleen Milner to
the Property Code Enforcement Board. (Laid over from November 2nd for adoption)
Adopted Yeas - 6 Nays - 0
13. ,: Resolution - 93-1634 - approving a two year contract between the City of Saint Paui and the
' International Union of Operating Engineers, Local 70. (Laid over from November 2nd for
� adoption)
Adopted Yeas - 6 Nays - 0
14. Resolution - 93-1666 - amending the Civil Service Rules regarding announcements of
available positions.
Adopted Yeas - 6 Nays - 0
15. (Discussed later in meeting)
16. Resolution - 93-1668 - amending the 1993 Budget in the Department of Public Works by
transferring the financing and spending ptans of the Bus Shetter Fund.
Adopted Yeas - 6 Nays - 0
642
November 9, 1993
17. Resolution - 93-1669 - amending the 1993 Bud�get in the Department of Planning &
Economic Development/JCT Fund by accepting. State funding under an Emergency
Readjustment Assistance Grant to provide initial employment and training services to
employees dislocated by the closing of Scenic Hills Sears Outlet Store.
Adopted Yeas - 6 Nays - 0
18. Resolution - 93-1670 - amending the 1993 Budget in the Department of Planning &
Economic Development/JCT Fund by accepting State funding to service area workers
dislocated from employment.
Adopted Yeas - 6 Nays - 0
19. Resolution - 93-1671 - authorizing the expenditure of Municipal State Aid Funds for the
City's share of the proposed improvements on County State Aid Highway #34 (Warner
Road from Jackson Street to Child's Road). �
Adopted Yeas - 6 Nays - 0
20. Resolution - 93-1672 - holding the State of Minnesota harmless for granting a variance on
Municipal State Aid Street 210 (Victoria Street) between West Seventh Street and Jefferson
,� Avenue.
. Adopted Yeas - 6 Nays - 0
. 21. (Discussed later in meeting)
22. Resolution - 93-1674 - offieially changing the name of Park Street, north of Pennsylvania
Avenue to Empire Drive.
Adopted Yeas - 6 Nays - 0
23. Resolution - 93-1675 - finalizing action of the City Council to an appeal from Greg Lehman,
839 E. Fourth Street to a decision of the Heritage Preservation Commission. (Public
Hearing held October 5, 1993)
Adopted Yeas - 6 Nays - 0
24. Resolution - 93-1676 - finalizing action of the City Council to an appeal from John J.
Hastings to a decision of the Heritage Preservation Commission concerning building new
homes on the corner of Third & Maria Avenues. (Public Hearing held October 5, 1993)
Adopted Yeas - 6 Nays - 0
25. Resolution - 93-1677 - approving the action of the Property Code Enforcement Board of
Appeals for the meeting of October 14, 1993 granting variances for properties at: 1968 E.
Nebraska Avenue, Lynda Hansen Appellant; 1260 W. Larpenteur Avenue, Gerald Frisch
Appellant; 73 Leech Street, Joan Myrick Lewis Appellant; Highland Village Apartments,
�� Robert Otness, Kim Otness and Jerry Parent Appellants; 56 Arundal Street, Stephen Tanner
Appellant; 200 S. �nthrop Street Marilyn Johnson Appellant and 111-115 N. Western
Avenue, J.P. Moholt and Cindy Spellman Appellants.
Adopted Yeas - 6 Nays - 0
643
November 9, 1993
26. Resolution - 93-1678 - approving the action of the Property Code Enforcemer�t Board of
: Appeals for the meeting of October 14, 1993 granting extensions of time for properties at:
1452 Va�Buren Avenue, Neil Hendrickson Appellant; 1199 Burr Street, Charles Laurents
:Appella��; 894 E. Fifth Street, Michael & Sharon Bingham Appellant; 81 N. Griggs Street,
Mike Keller Appeilant; and 881 Margaret Street, John Basta Appeilant.
Adopted Yeas - 6 Nays - 0
�C�MMITTEE REFERRAL:
27. Resolution - 93-1679 - approving a contract accepting a two year grant from the State of
Minnesota, Minnesota Housing Finance Agency for Lead Paint Abatement. (Fnance)
Referred to the Finance Committee.
************************************************************************************
15. Resolution - 93-1667 - approving the canvass and declaring the official results of the City
General Election held on Tuesday, November 2, 1993 in the City of Saint Paul for Mayor, �
Councilmembers and School Board Members and the City Charter Amendment.
Sharon Anderson spoke against adoption of the results of the election and said she was
�ling a lawsuit against the City of Saint Paul.
After a brief discussion, Councilmember Rettman moved approval.
- Adopted Yeas - 6 Nays - 0 -
21. .Resolution - 93-1673 - supporting the Humphrey Job Corps Center Neighborhood advisory
Committee Memorandum of Agreement.
#Councilmembers� appreciated the cooperation shown supporting the Memorandum of
� Agreement and Councilmember Maccabee moved approval.
_t: Adopted Yeas - 6 Nays - 0
�
ORDINANCES
28. Final Adoption - 93-1589 - An ordinance amending Chapters 87, 88� 90, 91 and 92 of the
Legislative Code pertaining to rules and regulations of the Sairrt Paul Water Utility as
recommended by the Board of Water Commissions of the City of Sairrt Paul. (Public
H�aring held November 2nd)
Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 0 -
29. Final Adoption - 93-1590 - An ordinance establishing the position errtitled Office of License,
Inspections and Environmentat Protection Director as specified by Chapter 12 of the Charter
of the City of Saint Paul, Section 12.03.2(W). (Public Hearing held November 2nd)
Councilmember Rettman moved approval.
Adopted Yeas - 6 Nays - 0
644
November 9, 1993
30. Second Reading - 93-1642 - An ordinance granting permission to VC Parking Limited
Partners to install and maintain a parking lot on a public alley near Victoria and Grand
Avenues, collectively known as Victoria Crossing. (For Action)
Laid over until November 16th for Third Reading/Public Hearing.
31. Second Reading - 93-1643 - An ordinance granting permission to Ramsey County to install
and maintain a facade and flag poles at the main entrance to the West Building on the
south side of Kellogg Blvd. between Market and St. Peter Streets. (For Action)
Laid over until November 16th for Third Reading/Public Hearing.
32. Seaond Reading - 93-1644 - An ordinance to amend Chapter 412 of the Legislative Code
relating to massage Therapists. (Human Services, Heafth & Business Regulation Committee
recommends approval)
Laid over until November 16th for Third Reading/Public Hearing.
33. Second 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)
<. Laid over until November 16th for Third Reading/Public Hearing.
34. Second Reading - 93-1646 - An ordinance amending Chapter 355 of the Legislative Code
relating to secondhand dealers. (Human Services, Health & Business Regulation
Committee recommends approval) , . .
Laid over until November 16th for Third Reading/Public Hearing.
35. Second Reading - 93-1324 - An ordinance amending Chapter 409 & 410 and amending
Chapters 60 & 62 of the Legislative Code pertaining to various parking regulations regarding
Commercial parking regulations for traditional neighborhoods. (Housing & Economic
Development Committee recommends approval as amended)
Laid over until November 16th for Third Reading/Public Hearing.
36. Second Reading - 93-870 - An ordinance amending Chapter 64 of the Legislative Code
pertaining to the Zoning Code. (Housing & Economic Development Committee
recommends approval) �
Laid over until November 16th for Third Reading/Public Hearing.
PUBLIC HEARINGS:
37. Third Reading - 93-1650 - An ordinance to amend the iicense fee schedule in Chapter 310
of the Legislative Code increasing license fees-by 2�o in conjunction with an estimates 2% _
increase in enforcement costs for 1994. (For Action)
No one appeared in opposition. .
Public Hearing continued until December 2nd.
645
November 9, 1993
38. Third Reading - 93-1436 - An ordinance amending Chapter 331 of the Legislative Code
relating to the operation of food sheNes. '�(Human Services, Health & Business Regulation
, Committee recommends approval as amended)
No one appeared in opposition.
Laid over until November 16th for Final Adoption.
39. Final Order - 93-1520 - In the Matter of constructing a bituminous overlay on Pig's Eye Lake
Road. (Laid over from October 12th)
Councilmember Thune moved to lay over indefinitely.
Roll Call Yeas - 6 Nays - 0
Laid over indefinitely.
40. Final Order - 93-1680 - In the Matter of installation of a public water main and service
connection in Fisk Street from Aurora Avenue to approximately 130' south of Aurora
Avenue.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
41. Resolution Ratifying Assessmerrt - 93-1681 - In the Matter of boarding up of vacant property
at 833 Selby Avenue. (Laid over from October 12th)
No one appeared in opposition.
Councilmember Thune moved approvat.
Adopted Yeas - 6 Nays - 0
42. (Discussed later in meeting)
43. ,�, Resolution - 93-1682 - approving an application for an On Sale Liquor-A, Sunday On Sale
Liquor and Entertainment-III License by Mintahoe Inc. dba Bandana Banquet & Conference
= Center at 1021 E. Bandana Blvd.
No one appeared in opposition.
Councilmember Rettman introduced the new owner of the banquet facilities at Bandana
Square.
Councilmembers Maccabee & Rettman moved approval.
Adopted Yeas - 6 Nays - 0
44. Resolution - 93-1683 - ordering the owner to repair or remove the building at 1050 Pacific
Street within five days of adoption and publication of resolution.
No one appeared in opposition.
Councilmember Guerin moved approval.
Adopted � Yeas - 6 Nays - 0
646
November 9, 1993
45. Resolution - 93-1684 - ordering the owner to repair or remove the building at 603 N. Pascal
Street within fifteen days from the adoption and publication of resolution.
No one appeared in opposition.
Councilmember Maccabee moved approval.
Adopted Yeas - 6 Nays - 0
46. Resolution - 93-1685 - ordering the owner to repair or remove the building at 502 Thomas
Avenue within fifteen days from the adoption and publication of resolution.
No one appeared in opposition.
Councilmember Guerin moved approval as amended.
Adopted Yeas - 6 Nays - 0
47. Resolution - 93-1686 - authorizing the submission of an application for an Economic
Recovery Grant from the State of Minnesota to assist Brown & Bigelow Inc.
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
48. Resolution 93-1694 - approving the request of Twin City Concrete for a combination
Preliminary and Final Plat Review for Jackson Street south of Arlington Avenue.
No one appeared in opposition.
Councilmember Rettman moved approvaL
Adopted Yeas - 6 Nays - 0
49. Resolution - 93-1695 - approving the request of the Saint Paul Port Authority for a
combination Preliminary and Final Plat Review for Empire Drive north of Pennsylvania
Avenue.
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
50. Resolution - 93-1697 - approving the request of the Saint Paul Companies for a combination
Preliminary and Final Plat Review for 385 Washington Avenue.
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
51. Appeal of Mary E. Hanley to a Summary Abatement Order for property at 585 Sherburne
Avenue.
No one appeared in opposition.
Councilmember Guerin moved to strike.
Roll Call Yeas - 6 Nays - 0
STRICKEN
647
November 9, 1993
52. Report of An Administrative Law Judge including Findings of Fact, Conclusions and
Recommendation in the matter of the adverse hearing involving an application of Claude
Micius, dba M.E. Liquors for the premises located at 606 Selby Avenue.
Councilmember Thune moved to lay over.
Roll Call Yeas - 6 Nays - 0
Laid over until November 16th.
53. Resolution - 93-1687 - In the Matter of the petition of the Space Center Inc. for the vacation
of Lafayette Road between Grove Street and the new Lafayette Road.
No one appeared in opposition.
Councilmember Thune moved to lay over.
Roll Call Yeas - 6 Nays - 0
Laid over until November 18th.
54. Resolution - 93-1688 - In the Matter of the petition of St. Paul Fire 8� Marine Insurance
Company for vacation of building encroachments in West Sixth Street, West Fifth Street and
Washington Street. (Public Works Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
42. Resolution - 93-1566 - approving an application for an On Sate Liquor-B and Sunday On
Sale Liquor License by U� Restaurant Corporation & Green Mill Inn Inc. dba Green Mill Inn
at 57 S. Hamline Avenue. (Public Hearing corrtinued from November 2nd)
Councilmember Long said the question was on how measurements were taken as to the
: distance between the business and the synagogue.
.�: A lengthy discussion ensued between Phil Byrne, Assistant City Attorney and
Councilmembers with regard to the distance measurements to determine eligibility.
Theresa Skog, 1377 Grand Avenue said not all neighbors are against issuing the liquor
license and the Macalester-Groveland Area approved issuing the license.
George Socha, 1374 Lincoln Avenue submitted a petition of neighbors opposing the liquor
license.
John Knapp, 2193 Sargent Street, Attorney for the owner of the Green Mill reviewed the
steps that Mr. Bangs had followed to answer the concerns of the neighborhood.
Chris Bangs, owner of the Green Mill said he agreed with the stipulations, recommended
by the City Attorney's Office, that would be placed on the license and said his was a family
style restaurant and the serving of liquor with meals was only to stay competitive with other
restaurants in the area.
Councilmembers Guerin and Maccabee said they would support the license.
Councilmember Thune said he cannot support issuing the license because the premises
are not 300' ftom the synagogue.
After a brief discussion, Councilmember Long moved to deny the license application.
Roll Call Yeas - 2 Nays - 4(Guerin� Maccabee, Rettman, Wilson) ,
Councilmember Long moved approval of a substitute resolution.
(Discussion continued on following page)
648
November 9, 1993
(Discussion continued from previous page)
Neighbors on Grand Avenue spoke against issuing any liquor license to the establishment
and asked that Councilmembers do not change the character of Grand Avenue by issuing
a liquor license in a predominately residential neighborhood.
After a length discussion among Councilmembers, Councilmember Maccabee moved
approval as amended.
Adopted Yeas - 5 Nays - 1(Long)
ADDITIONAL ITEMS:
1. Resolution - 93-1658 - supporting recommendations of the Ramsey County League of Local
Governments as outlined in its Action Plan for Gun �olence Prevention and including these
recommendations.:.in the City's 1994 Legislative Package. (originated in Committee - laid
over from November 4th)
Councilmember Long asked to delete language relating to problems created by family's
moving from neighborhood to neighborhood.
.�Councilmember Long moved approval of substitute resolution.
Adopted Yeas - 6 Nays - 0
2. " Resolution - 93-1691 - granting approval to continue the process of considering
consolidation of the Saint Paul Police Department Relief Association with Public Employees
Retirement Association. (laid over from November 4th)
- �Councilmembers„�agreed >#hat ,the sar�e Janguage as the resqlution. relating to the Fire
Department Relief Association should �be used for the Police Department Relief Association.
_�regg Blees, Council Research, reviewed the comparison between the Police Department
and Fire Department resolutions.
After a brief discussion, Councilmember Long moved approval as amended.
Adopted Yeas - 6 Nays - 0
3. Resolution -93-1692 - approving an amendment to the Joint Powers Agreement between
the City and County authorizing the County to appropriate interest income to reduce the
County's debt service tax levy in 1994. (laid over from November 4th)
Councilmember Rettman moved approval.
Adopted Yeas - 6 Nays - 0
Upon request of Council President �Ison, Councilmember Guerin moved to suspend the
rules to introduce the following resolution.
: Adopted Yeas - 6 Nays - 0
� Resolution - 93-1696 - amending C.F. 93-544 to extend the compliance period to� one
� hundred and eighty days from this date to allow the properry owner to repair, restore and
rehabilitate the building located at 769-71 W. University Avenue.
Councilmember Guerin moved to lay over the item.
Roll Call Yeas - 6 Nays - 0
Laid over until November 16th.
649
November 9, 1993
Councilmember Guerin moved� to �djourn the meeting.
Adopted Yeas - 6 Nays - 0
ADJOURNED AT 11:30 A.M.
) ' ..
�
ATTEST:
Council Presiderrt, Wiliiam �Ison
�/�'-�'� � �O''� Minutes approved by Council
Assistant City Clerk, Frances Swanson
FS:dmb �-�ti , �/, /��3
_ � ,
. . ' . . .
4 �.
650