Minutes 10-14-1993 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Thursday, October 14, 1993
5:00 P.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 5:10 P.M.
Present - 5- Councilmembers Guerin, Long, Rettman, Thune, Wilson
Absent - 2- Councilmembers Grimm, Maccabee (arrived during the presentation of
Hunger Awards)
Councilmember Long asked that item # 6 be removed and discussed later in the meeting.
Councilmember Thune moved approval of the Consent Agenda as amended.
Adopted Yeas - 5 Nays - 0
CONSENT AGENDA
aFOR ACTION
1. Claims by Patrick Aldrich, Janice M. Johnson, David McKusick, Dorothy Mickel & Calvin
Allen Mickel, Polly Pampusch, Andre F. Patterson, Mark C. Ritter, Royal Tire Inc., Kelly
Smith, David & Barbara Scearcy and Xue Xiong.
Referred to the City Attorney's Office.
2. Summons & Complaint In the Matter of Linda Diaz vs the City of Saint Paul.
Referred to the City Attorney's Office.
3. Letter from Mayor Scheibel announcing vacancies on several City Citizen Committees.
c c # 13779
4. Resolution - 93-1537 - approving payment of $20,000 to James Kruse from the Tort Liability
Fund in settlement of his claim.
Adopted Yeas - 5 Nays - 0
5. Resolution - 93-1538 - approving a correction in the description of previously vacated Park
Street.
Adopted Yeas - 5 Nays - 0
6. (Discussed later in the meeting.
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October 14, 1993
7. Resolution - 93-1540 - finalizing Council action taken on September 23, 1993 to an appeal
by Joseph M. Stepka to a Summary Abatement Order for properry at 600 Michigan Street.
Adopted Yeas - 5 Nays - 0
8. Resolution - 93-1541 - finalizing Council action taken on September 28, 1993 to an appeal
by Jeffrey Boston to a Summary Abatement Order for property located at 144 N. Lexington
Parkway.
Adopted Yeas - 5 Nays - 0
9. Resolution - 93-1542 - finalizing Council action taken on September 28, 1993 to an appeal
by Charles T. Drake to a Summary Abatement Order for property located at 585 Sherburne
Avenue.
Adopted Yeas - 5 Nays - 0
10. Resolution - 93-1543 - finalizing Council action taken on September 23, 1993 to an appeal
by Arthur J. and Mary E. Komarek Sr. to a decision of the Planning Commission to allow
an Auto Repair Business and a Used Auto Sales Business on property at 380 W. Maryland
Avenue.
Adopted Yeas - 5 Nays - 0
11. Preliminary Order - 93-1544 - In the Matter of constructing the Hampden/University Area
- Storm Sewer Separation Project and setting date of Public Hearing for December 7, 1993.
� Adopted Yeas - 5 � Nays - 0
12:� Preliminary Order - 93-1545 - In the Matter of improving streets, concrete curb and cutters
��and lantern style street lighting system in conjunction with the Hampden/University Area
Street Paving and Lighting Project and setting date of Public Hearing for December 7, 1993.
Adopted Yeas - 5 Nays - 0
13. Preliminary Order - 93-1546 - In the Matter of constructing sanitary sewer, storm sewer
and/or water service connections, if requested by the property owner, for the
Hampden/University Area Storm Sewer and Street Paving and Lighting Project and setting
date of Public Hearing for December 7, 1993.
Adopted Yeas - 5 Nays - 0
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28. Presentation of annual Hunger Awards by the Saint Paul Food and Nutrition Commission
in conjunction with the World Food Day, October 16th.
Dick Goebel, Chairperson of the Food & Nutrition Commission, Kittie Anderson, and Mayor
Scheibel presented awards to individuals and representatives of community organizations
who have contributed to ending of hunger in Saint Paul.
(Discussion continued on following page)
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October 14, 1993
(Discussion continued from previous page)
Mayor Scheibel congratulated and awarded recipients and spoke of the importance of their
work. He said that November 18th is the date for the annual Hunger Banquet at the
Landmark Center and all proceeds would go to the food shelves of Saint Paul.
6. Resolution - 93-517 - finalizing Council action taken on September 23, 1993 in conjunction
with issuing a Firearms License to Saint Paul Firearms Company for the premises at 634
N. Snelling Avenue.
Councilmember Thune moved approval of a substitute resolution.
Roll Call Yeas - 7 Nays - 0
Councilmember Maccabee explained why she will vote against the resolution and thanked
the Council for their lengthy and detailed review of this issue.
Councilmember Long spoke in opposition to the granting of the license due to
acknowledged firearms violations by the owner.
Councilmember Guerin said he opposed the conditions attached to the license as they are
unnecessary and will result in litigation. He said he would vote in favor of the resolution to
assure the license was granted. He expressed frustration with his colleague for working on
the conditions, but not voting in favor of the resolution.
Councilmember's Thune, Rettman, Grimm and Wilson expressed their concern about the
;>Jocation of the facility but spoke in favor of granting the license based on the evidence and
the City Attorney recommendation.
-:After a brief discussion, Councilmember Thune moved approval.
Adopted Yeas - 5 Nays - 2(Maccabee, Long)
Councilmember Rettman moved to suspend the rules to introduce the following�resolution.
Adopted Yeas - 7 Nays - 0
Resolution - 93-1577 - naming persons to the Saint Paul Food and Nutrition Honer Roll for
their contributions.
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
Councilmember Maccabee moved to suspend the rules to introduce the following
resolution.
Adopted Yeas - 7 Nays - 0
Resolution - 93-1578 - reaffirming that the Port Authority Levy nor any proceeds from the
sale or lease of land at the Texaco Site and the Arlington-Jackson Site cannot be used to
repay other Port Authority debt.
Councilmember Maccabee reviewed the provisions of the resolution.
Councilmember Long questioned the need was for the resolution, and questioned the
implication that the Port Authority would not use the monies wisely.
(Discussion continued on following page)
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October 14, 1993
(Discussion continued from previous page)
Council President Wilson asked Ken Johnson, Director of the Port Authority, if they
supported the resolution and was answered in the affirmative, as it reaffirms existing
practice.
After a discussion on the need for the resolution, Councilmember Long spoke against the
resolution, but in favor of the ordinance.
Councilmember Maccabee moved approval.
Adopted Yeas - 6 Nays - 1(Long)
ORDINANCES:
14. Final Adoption - 93-1423 - An ordinance granting authority to the Port Authority to issue
$16,000,000 in Port Authority General Obligation bonds for the development of two
properties commonly known as the Texaco Site and the Arlington-Jackson Site. (Public
Hearing held October 7, 1993.)
(See discussion above)
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
15. Second 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)
,� Laid over until :October 19th for Third Reading/Public Hearing.
16 �; Second 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)
Laid over until October 19th for Third Reading/Public Hearing.
17. Second 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)
Laid over until October 19th for Third Reading/Public Hearing.
Councilmember Thune leaves and returns during discussion of the following item.
COMMITTEE REPORTS:
18. Resolution - 93-1433 - authorizing the City Clerk to undertake plans to include "CityVote"
in Saint Paul's 1995 municipal elections. (Intergovernmental Relations Committee referred
to Council without recommendation)
(Discussion on following page)
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October 14, 1993
(Continued from previous page)
Councilmember Long said the Committee did not have a recommendation, due to a lack
of a quorum.
Councilmember Maccabee spoke against the resolution as it might advance the start of
presidential primaries and solely promotes liberal issues of the DFL Party.
A discussion ensued between Councilmembers as to the value of having this on the ballot.
Councilmember Long amended the resolution directing the City Clerk to do an analysis and
the cost of implementing this resolution and report back to the Council.
Council President Wilson said he could support the amendment.
After further discussion, Councilmember Long moved to adopt the resolution as amended.
Adopted Yeas - 6 Nays - 1(Maccabee)
19. Resolution - 93-1297 - approving an agreement between the City and Metropolitan Waste
Control Commission for a sanitary sewer easement in conjunction with the 35E/University
Area Sewer Separation Project. (Public Works Committee recommends approval)
Councilmember Maccabee moved approval.
Adopted Yeas - 7 Nays - 0
Councilmember Grimm moved to reconsider 93-1503 from Tuesday, October 12th meeting.
Adopted Yeas - 7 Nays - 0
Resolution - 93-1503 - adopting a proposal for financing a multi-family Rental Housing
Developr�►�ent P�oject with tax exempt reven�e bonds.
AI Carlson, Planning & Economic Development Department explained needed to be
adopted today. He said the resolution should not have been adopted until after the Housing
& Redeveloprnent Public Hearing which was held yesterday, October 13th.
Councilmember Grimm moved approval.
Adopted Yeas - 7 Nays - 0
Councilmember Maccabee left the meeting at this point.
PUBLIC HEARINGS:
20. Third Reading - 93-1448 - An ordinance granting permission to Mickey's Restaurant Inc. 36
W. 7th Street to construct and maintain a parking lot and building improvements within the
public right-of-way on the south side of West Seventh Street, west of St. Peter Street. (For
Action)
No one appeared in opposition.
Laid over until October 21 st for final adoption.
Councilmember Maccabee returned during discussion of the following item.
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October 14, 1993
21. Resolution Ratifying Assessment - 93-1547 - In the Matter of the Palace/Toronto Area Storm
Sewer Separation Project. (Public Works Committee recommends approval)
Brian and James Pierce, 771 W. 7th Street questioned why they were assesses for sewers
as their business used a vacant lot without sewer service. Mr. Pierce said residential and
commercial properties should pay the same rate.
Peter White, Real Estate explained how the assessments are calculated on the frontage of
properry and that commercial used tended to create more runoff into the sewer system.
After a brief discussion on the assessment calculation and whether the railroad land was
included in Mr. Pierces assessment, Councilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
22. Resolution Ratifying Assessment - 93-1548 - In the Matter of the Palace/Toronto Area Street
Paving and Lighting Project. (Public Works Committee recommends approval)
(See discussion above)
Verna Peterson, who said she lived on Daly Street said the new sidewalk has been shorted
by 18" in width in construction and was left cracked and mismatched. She also said the
street was to narrow.
Tom Keefe, Public Works said that some sidewalks are not replaced in they are in good
condition but that someone recheck the sidewalks.
Joyce Burns, 784 Bayard said the sidewalks on his block are not uniform in size or
construction.
�' Mike McGrath, 595 Randolph said he purchased his business this year and was unaware
of the construction and assessments to be charged. He said the property is run down and
y=should be charged less.
Peter White, Real Estate suggested Mr. McGrath check with his realtor because the
construction work in known almost one year in advance and should have been disclosed
= at the point of sale.
After a brief discussion, Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
Councilmember Grimm left the meeting at this point and returned later.
23. Resolution - 93-1549 - approving an application for a new State Class B Gambling Premise
Permit by North Ramsey 500th Lions Club at Pub East, 1180 E. 7th Street.
No one appeared in opposition.
Councilmember Guerin moved approval.
Adopted Yeas - 5 Nays - 0
24. Resolution - 93-1550 - approving an application for a new Gambling Manager's License by
Ireneaus Massman dba North Ramsey 500th Lions Club at Pub East, 1180 E. 7th Street.
No one appeared in opposition.
Councilmember Guerin moved approval.
Adopted Yeas - 5 Nays - 0
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October 14, 1993
25. Resolution - 93-1551 - approving an application for transfer of a Restaurant-B and Sunday
On Sale Liquor License from Moren & Anthony J. Koury, Sr. dba Pub East at 1180 E. 7th
Street to Diamond Dewey's Inc. dba Pub East at the same address.
No one appeared in opposition.
Councilmember Guerin moved approval.
Adopted Yeas - 5 Nays - 0
26. Resolution - 93-1552 - approving an application for an On Sale Liquor-C and Gambling
Location -C L�cense by Diamond Dewey's Inc. dba Pub East at 1180 E. 7th Street.
No one appeared in opposition.
Councilmember Guerin moved approval.
Adopted Yeas - 5 Nays - 0
MISCELLANEOUS:
27. Resolution - 93-1553 - approving the issuance of $28,940,000 of Energy Park First Lien Tax
Increment Revenue Refunding Bonds.
Councilmember Maccabee moved to lay this over one week.
Roll Call Yeas - 5 Nays - 0
. Laid over until October 19th.
Councilmembers Thune and Grimm returned to the meeting at this point.
Councilmember Rettman moved to suspend the rules to introduce the following resolution.
Adopted Yeas - 7 Nays - 0
Resolution - 93-1580 - directing the Office of Cable Communications to prepare and
negotiate modification of the Cable Television Franchise and Chapter 430 to establish rate
regulation procedures consistent with Federal Communications Commission (FCC)
regulations.
Councilmember Guerin said he could not support this resolution. He said the contract
should not be modified as Cable Television set the prices and they should not be allowed
to change them.
After a brief discussion, Councilmember Rettman moved approval.
Adopted Yeas - 6 Nays - 1(Guerin)
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October 14, 1993
Councilmember Rettman moved to adjourn the meeting.
Adopted Yeas - 7 Nays - 0
ADJOURNED AT 6:35 .M.
�, L-
ATTEST:
cil Presi , illiam Wilson
� Minutes a roved b Council
PP Y
City Cler , olly O'R rke
Ml�dmb //- �? 3- 9 3
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