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Minutes 10-19-1993 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL Tuesday, October 19, 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 9:15 A.M. Present - 5- Councilmembers Grimm, Maccabee, Rettman, Thune, Wilson Absent - 2- Councilmembers Long (arrived after the Consent Agenda vote), Guerin (arrived during discussion of the Consent Agenda)] Councilmember Rettman moved to refer item # 9 to the Neighborhood Services Committee. Councilmember Guerin moved approval of the Consent Agenda as amended. Adopted Yeas - 6 Nays - 0 CONSENT AGENDA fOR ACTION 1. Approval of minutes from the September 14 and 16, 1993 City Council meetings. Adopted Yeas - 6 Nays - 0 2. . Claims by Katie Hoadley, Cynthia Hulke, Azell Scarver and Wm. A. �evering. � Referred to the City Attorney's Office. 3. Administrative Orders D-12597 through D-12610 noted as on file in the City Clerk's Office. 4. Appeal of Fuel Oil Service Company, 290 Atwater Street to 1993 Street & Alley Maintenance Services Charges for properry at 525 Lafayette Road. c c# 13780 5. Appeal of John L. Sanxter, 961 McLean Avenue to 1993 Street & Alley Maintenance Service Charges for property at 561 McLean Avenue. c c# 13781 6. Letter from the Department of Public Health declaring the following properties to be nuisance buildings: 865-67 Hague Avenue, 401 Hope Street and 107 Winter Street. (For notification purposes only, Public Hearings will be scheduled at a later date, if necessary) 7. Letter from the City Attorney announcing date for Public Hearing of October 18, 1993 before an Administrative Law Judge pertaining to adverse action against licenses held by C.L. Hinze, Inc. dba Chuck's Bar at 901 Payne Avenue. 597 October 19, 1993 8. Petition of the City of Saint Paul to vacate the old Tra�c Garage property at 666 E. Third Street. 9. Resolution - 93-1539 - approving an extension of time to complete the work being done on a building being repaired under "Dangerous Structures-Nuisance Buildings-Vacant Buildings" at 811 Case Street. Referred to the Neighborhood Services Committee. 10. Resolution - 93-1556 - approving applications for the renewal of various Class III Licenses by: Minnesota Repair Service, St. Paul Auto Body, North Ramsey 500th Lions Club/Pub East, Midtown Racquetball Club, Avenue Motor Sales, Hamline Auto Body, Gil's Paint & Body, North Ramsey 500th Lions Club/Paul's Lounge, Carl S& Mary Kay Pedro, Highland Area Hockey Association/Starting Gate, Intercity Truck Service Co., Inc., Highland Area Hockey Association/Gabe's By the Park, Texaco Express Lube, The Hitching Post, Inc., Caravelle Restaurant, North Ramsey 500th Lions Club/Checkers Nite Club, Highland Area Hockey Association/Tiffany's, Dave's Auto Body and Allstate Transmission. (To be laid over one week for adoption) Laid over until October 26th for adoption. 11. Resolution - 93-1557 - approving an application for renewal of an On Sale Liquor-C, Sunday On Sale Liquor, Gambling Location-C, and Restaurant-C License by Tom Sandy Inc., dba i��Maurer's Parkside Lounge at 1181 Clarence Street. (To be laid over one week for adoption) �' Laid over until October 26th for adoption. ,: . 12: �w Resolution - 93-1558 - approving applications for renewal of various Class III Licenses by: ' Import Auto Body, Rick Kline Oldsmobile, Payne Avenue Our Own Hardware, Ron Saxon Ford, Fort Road Medical Lot, St. Joseph's Hospital Parking Ramp, Friends of Animal Adoptions Inc/Pickle's Lounge, Church of St. James/The Spot Bar, Francene Lebahn, Metro Automotive, Angelo's Pizza, Road King, Inc. Friends of Animal Adoptions/T J Bells and Friends of Animal Adoptions Inc/Degidio's Bar. (To be laid over one week for adoption) Laid over until October 26th for adoption. 13. Resolution - 93-1559 - approving applications for renewal of various Class III Licenses by: Hmong Auto Service, Sears Roebuck & Co., United Hospitals Inc., MSP Park Place, Twin City Ford Local #879, Midas Muffler, 7th Street Municipal Garage, US Swim & Fitness, V & S Auto Repair, March Motors, Sr. Rosalind Gefre's Professional Massage Center, Imperial Parking #017 and University Auto Body. (To be laid over one week for adoption) Laid over until October 26th for adoption. 14. Preliminary Order - 93-1560 - In the Matter of installation of a public water main and service connection in Fisk Street from Aurora Avenue to approximately 130 feet south of Aurora Avenue and setting date of Public Hearing for November 9, 1993. Adopted Yeas - 6 Nays - 0 598 October 19, 1993 15. Resolution - 93-1561 - correcting assessments for the East Seventh and Arcade Streetscape Improvement - Phase I. Adopted Yeas - 6 Nays - 0 COMMITTEE REFERRAL: 16. Resolution - 93-1562 - authorizing corrections to the legal descriptions in resolution C.F. 91- 519 for land vacated. (Public Works) Referred to the Public Works Committee. *************************************************************************************** Councilmember Long arrived at this point in the meeting. PUBLIC HEARINGS: 17. �Third Reading - 93-1472 - An ordinance amending the Civil Service Rules by establishing the position of Energy Conservation Specialist in the unclassified service of the City of Saint Paul. (For action) . : No one appeared in opposition. : Councilmember Rettman reviewed the position and the financing of the position. Councilmember Guerin said there is no need for the position and the ordinance should be withdrawn. Councilmember Maccabee said that Northern States Power Company is financing the position and the City should take advantage of the opportunity to employ this person. Councilmember Long said the City has a commitment of 5 years to the Energy Conservation program with Northern States Power Company. A brief discussion ensued among Councilmembers. Laid over until October 26th for Final Adoption. 18. Third Reading - 93-1471 - An administrative ordinance establishing the position of Energy Conservation Specialist in the unclassified service pursuant to Section 12.03.2(H) of the City of Saint Paul Charter. (For action) (See discussion with item # 17 • L.aid over until October 26th for final Adoption. 19. Resolution - 93-1469 - an administrative resolution establishing the rate of pay for Energy Conservation Specialist in the Salary Plan and Rates of Compensation. (Laid over from October 7th) (See discussion with item # 17) Laid over until October 26th for adoption. 599 October 19, 1993 20. Third Reading - 93=1372 - An ordinance amending ordinance #13534 approved January 21, 1967 removing Dayton Avenue from Summit to Dale and Marshall Avenue from Western to Dale as "One-Way" streets pursuant to section 147.01 of the Legislative Code. (Public Works Committee recommends approval) Mike Klassen, Public Works Department reviewed the parking problems in the area and the corrections that will be handled by removing the one way street designation. Margie Svare, 312 Marshall Avenue, said Dayton Avenue has been one way since 1946 and it has worked very well for the neighborhood residents. Mike Schumann, Ramsey Hill Association member, said the District 8 Council supported this change. Mike Klassen, Public Works Department said the Fire Department has been notified and has checked the street and said there is sufficient room for equipment to pass with traffic parked on both sides of the street. Laid over until October 26th for Final Adoption. 21. Final Order - 93-1563 - In the Matter of constructing the Grand/St. Albans Area Storm Sewer Separation Project Area bounded by Interstate 94 on the north, on the east and south by I-35E and on the west by Avon Street. (Public Works Committee recommends 4 week lay over) No one appeared in opposition. Councilmember Thune said the item has been laid over 4 weeks in the Public Works � Committee and moved lay over until November 16th. # Roll Call Yeas - T =- Nays - 0 ° +� Laid over until November 16th. .� 22. final Order - 93-1564 - In the Matter of improving streets , concrete curb and gutter, and '`a lantern style lighting system in conjunction with the Grand/St. Albans Area Street Paving and Lighting Project. (Public Works Committee recommends 4 week lay over) No one appeared in opposition. (See above item) Councilmember Thune moved lay over until November 16th. Roll Call Yeas - 7 Nays - 0 Laid over until November 16th. 23. Final Order - 93-1565 - 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 Grand/St. Albans Area Storm Sewer and Street Paving and Lighting Project. (Public Works Committee recommends to be laid over 4 weeks) No one appeared in opposition. (See above item) Councilmember Thune moved lay over until November 16th. Roll Call Yeas - 7 Nays - 0 Laid over until November 16th. 600 October 19, 1993 24. Resolution - 93-1458 - approving an applica#ion for a General Repair Garage License by Eric E. Aaron dba Auto Parts & Service at 943 E. Maryland Avenue. (Laid over from October 5th) No one appeared in opposition. Councilmember Grimm said the business is no longer operating and moved to withdraw the resolution. Roll Call Yeas - 7 Nays - 0 WITHDRAWN 25. Resolution - 93-1566 - approving an application for an On Sale Liquor-B & Sunday On Sale Liquor License by US Rest.Corp. & Green Mill Inn Inc. dba Green Mill Inn at 57 S. Hamline Ave. Councilmember Long moved approval of the substitute resolution with stipulations. Councilmember Guerin asked Phil Byrne from the City Attorney's Office if On Sale Liquor Licenses were transferrable if the business is sold. Mr. Byrne said no they were not. Tom Barrett, 1355 Lincoln Avenue said the parking problems in the area need to be addressed for any license change. Gary Turusha, a resident of Lincoln Avenue said residents within the area were not properly notified of the change in liquor license for the establishment. �Chris Bangs, 1755 Hillcrest Avenue, owner of the business said he has tried to be a good neighbor and cited the fact that he owns several businesses in the Twin Cities and is a �#amily orientated business. Mr. Bangs reviewed his plans for purehasing the property next to him on Grand Avenue and convert it to a parking lot for any added space needed. Councilmember Maccabee said the Council should not penalize good businesses by imposing unrealistic restrictions on the licenses. John Knapp, Attorney for the Green Mill addressed the stipulations and the parking lot proposed for the establishment on Grand Avenue. Councilmember Guerin asked Mr. Knapp if the intent of Mr. Bangs was to have a liquor establishment or a restaurant that served liquor with meals. Debbie Decker, 1374 Grand Avenue said the property that Mr. Bangs was addressing for parking would only produce 7 more parking spaces for his business. After further discussion, Councilmember Long moved to lay over the item 2 weeks to allow City staff to check the distance from the Green Mill to the nearest church or synagogue. Roll Call Yeas - Z Nays - 0 Laid over until November 2nd. 26. Resolution - 93-1567 - approving an application for a Massage Therapist License by Deborah Cohen at 2221 Ford Parkway. No one appeared in opposition. Councilmember Long moved approval. Adopted Yeas - 7 Nays - 0 Councilmembers Guerin and Long left the meeting at this point and returned later. 601 October 19, 1993 27. Resolution -93-1568- approving an application for renewal of a State Currency Exchange License by Unbank Co. at 467-469 St. Peter Street and 1098 W. University Avenue. No one appeared in opposition. Councilmember Grimm asked if the Council could place stipulations on the license renewals. Phil Byrne, Assistant City Attorney said once the City had standards in place, the Council could put stipulations on both new licenses or renewals. Councilmember Thune moved approval. Adopted Yeas - 5 Nays - 0 28. Resolution - 93-1569 - approving an application for renewal of a State Currency Exchange License by Capitol City Check Cashing at 477 Rice Street. No one appeared in opposition. Councilmembers Maccabee and Thune moved approval. Adopted Yeas - 5 Nays - 0 29. Resolution - 93-1570 - approving an application for renewal of a State Currency Exchange License by Check Express Minnesota at 1532 W. University Avenue. No one appeared in opposition. Councilmembers Maccabee and Thune moved approval. Adopted Yeas - 5 Nays - 0 � 30. �- Resolution - 93-1571 = approving�an application for renewal of a State Currency Exchange �'�License by Cash Alo# at 873 Rice Street. ' No one appeared in opposition. �� Councilmembers Maccabee and Thune moved approval. Adopted Yeas - 5 Nays - 0 31. Resolution - 93-1572 - approving an application for renewal of a State Currency Exchange License by New Money Express Inc. at 931 W. University Avenue. No one appeared in opposition. Councilmembers Maccabee and Thune moved approval. Adopted Yeas - 5 Nays - 0 � 32. Resolution - 93-1573 - approving an application for renewal of a State Currency Exchange License by Check Cashing Place Inc. at 785 E. Seventh Street. No one appeared in opposition. Councilmembers Maccabee and Thune moved approval. Adopted Yeas - 5 Nays - 0 33. Resolution - 93-1574 - approving an application for renewal of a State Currency Exchange License by Ramsey Financial at 577 W. University Avenue. No one appeared in opposition. Councilmembers Maccabee and Thune moved approval. Adopted Yeas - 5 Nays - 0 602 `:k . October 19, 1993 Councilmembers Guerin and Long returned to the meeting at this point. 34. Resolution - 93-1575 - establishing a$400 fine for the sale of cigarettes to a minor by Holiday Station Stores Inc. at 600 N. Snelling Avenue. Phil Byrne, Assistant City Attorney reviewed the staff report and said that this is the 2nd offense for this establishment in less than one year. Ed Hopkin, representative of Holiday Stores explained their policy for orientating new employees. Councilmember Maccabee said that the record should be clear to show that Holiday Inc. will be responsible for fines imposed and not the individual employees. After a brief discussion, Councilmember Maccabee moved approval. Adopted Yeas - 7 Nays - 0 35. Resolution - 93-1576 - establishing a$200 fine for the sale of cigarettes to a minor by Sinclair Oil Corporation dba Sinclair Retail #22046 at 373 N. Ruth. No one appeared in opposition. Phil Byrne, Assistant City Attorney reviewed the staff report and recommendation. After a brief discussion, Councilmember Thune moved approval. : Adopted Yeas - 7 Nays - 0 36. ��:-�Report of an Administrative Law Judge including Findings of Fact, Conclusions and Recommendations in the matter of the adverse hearing involving licenses held by Lewis Stevens, dba Civie Center Auto Service located at 459 Toronto Street. Phil Byrne, Assistant City Attorney, reviewed the staff report and said the recommendation was to support the ALJ report and recommendation. John Porter, 4629 Zenith Avenue, Minneapolis, is the owner of the vehicle in question and reviewed the action he had taken to resolve the matter. After a brief discussion among Councilmembers and Mr. Porter, Counalmember Maccabee moved to close the Public Hearing. Adopted Yeas - 7 Nays - 0 Councilmember Rettman said she thinks that revocation of the license for one year is rather severe for the first offense. After a brief discussion among Councilmembers, Councilmember Thune moved to lay the matter over for one month. Roll Call Yeas - 7 Nays - 0 Laid over until November 16th. 37. Resolution - 93-1183 - considering the petition of Ha Lum and Kieu Dang to vacate Theresa Place between St. Paul Avenue and Howell Avenue. (Laid over from September 21 st) Councilmember Long moved to lay this item over for one month. Roll Call Yeas - 7 Nays - 0 Laid over until November 16th. 603 October 19, 1993 MISCELLANEOUS: 38. Resolution - 93-1410 - approving the appointments by the Mayor to the Citywide Economic Revitalization Committee. (Laid over from October 5th) Tom Welna, from the Mayor's Office, submitted three additional names to the Committee, James Griffin, Dennis Harris, and Patrick Rubble. Councilmember Maccabee said the Committee needs to have a representative of the manufacturing area. After a brief discussion, Councilmember Thune moved approval as amended. Adopted Yeas - 7 Nays - 0 39. Resolution - 93-1553 - approving the issuance of $28,940,000 of Energy Park First Lien Tax Increment Revenue Refunding Bonds. (On October 14th Agenda in error - laid over) Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 Councilmember Rettman moved to recall from the Finance Committee the following resolution. Adopted Yeas - 7 Nays - 0 Resolution - 93-1419 - approving the appointment of outside counsel in the matter of the �State of Minnesota vs Dennis John Hill. �� Councilmember Rettman� moved approval. - ' Adopted Yeas - 7 Nays - 0 ` Resolution - 93-1420 - approving appointment of outside counsel in the Matter of police reports regarding alleged criminal traffic charges brought against St. Paul Police Officer Tamara Joy Hopwood. Councilmember Rettman moved approval. Adopted Yeas - 7 Nays - 0 Councilmember Rettman moved to adjourn the meeting. Adopted Yeas - 7 Nays - 0 ADJOURNED AT 1:25 A.M. . � ATTEST: uncil dent, William Wilson ���� �a-'�� Minutes a roved b Council PP Y Assistant City Clerk, Frances Swanson �/� a 3'' 9 3 FS:dmb 604