Minutes 09-28-1993 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Tuesday, September 28, 1993
9:00 A.M. Room 330 City Hall & Courthouse
(temporary Council Chambers)
Third Floor Cifiy Hall and Court House
Saint Paul, Minnesota
The meeting was called to order by President Wilson at 9:10 A.M.
Present - 5- Councilmembers Guerin, Long, Rettman, Thune, Wilson
Absent - 2- Councilmembers Grimm, Maccabee
Councilmember Guerin asked if the Council has jurisdic�ion over rates proposed for item
# 6. After a brief discussion, Councilmember Thune moved to refer the item to Public
Works Committee.
Councilmember Guerin asked that Administrative Order D-12562 be laid over one week
to allow him an opportunity to discuss this with staff.
Councilmember Guerin moved approval of the Consent Agenda as amended.
Adopted Yeas - 5 Nays - 0
CONSENT AGENDA
FOR ACTION
1. Approval of the Council minutes from the August 31 and September 2, 1993 meetings.
Adopted Yeas - 5 Nays - 0
2. Claims of Connie Craig, Debra L. Jefferson, Mr. & Mrs. Harry Linroth, Mark Eiton Rose and
Ronald G. Warner.
Referred to the City Attorney's Office.
3. Administrative Orders D-12561 through D-12571 noted as on file in the City Clerk's Office.
Administrative Order D-12562 laid over until October 5th.
4. Order to Show Cause In the Matter of the petition of John F. Sauro and Donna M. Sauro
� in relation to certificate of Title No. 340196 and 356574 issued for land in the County of
Ramsey and the State of Minnesota.
5. Letter of the Department of Planning & Economic Development setting date of Public
Hearing before the Council for October 7, 1993 in the matter of the appeal of Hamline-
Midway Coalition to a decision of the Planning Commission to allow a tire retread
manufacturing plant at 625 N. Fairview Avenue.
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September 28, 1993
6. Letter from District Energy St. Paul Inc. filing its amended Schedule A for rates that will be
charged with service beginning with the billing month of October, 1993 and remain in effect
until superseded. c c# 13769
Referred to the Public Works Committee.
7. Letter of the Ramsey County Department of Taxation transmitting application AB 93-0685
for reduction of assessed valuation of real estate at 917 Grand Avenue. (Real Estate
Division recommends approval) c c# 13766
8. Letter of the Ramsey County Department of Taxation transmitting application AB 93-0702
for reduction of assessed valuation of real estate on Hill Street. (Real Estate Division
recommends approval) c c# 13767
9. Letter of the Ramsey County Department of Taxation transmitting application AT 93-0461
for reduction of assessed valuation of real estate on Wynne and Packard. (Real Estate
Division recommends approval) c c# 13768
10. Resolution - 93-1408 - approving the appointment of Kimberly Betts to Assistant to the
Mayor.
Adopted Yeas - 5 Nays - 0
11. Resolution - 93-1409 - approving the appointment by the Mayor of Gregory Chandler to the
Bicycle Advisory Board. (To be laid over one week for adoption)
Laid over until October 5th for adoption.
12. �°.Resolution - 93-1410 - approving the appointments by the Mayor to the Citywide Economic
; Revitalization Committee. (To be laid over one week for adoption)
Laid over until October 5th for adoption.
13. Resolution - 93-1411 - approving the appointments by the Mayor to the Police Civilian
Internal Affairs Review Commission. (To be laid over one week for adoption)
Laid over until October 5th for adoption.
14. Resolution - 93-1412 - approving the appointments by the Mayor of Thomas Kosel and
Pacyinz Lyfoung to the Refugee Affairs Committee. (To be laid over one week for adoption)
Laid over until October 5th for adoption.
15. Resolution - 93-1413 - approving the appointment by the Mayor of Daniel Foote to the Saint
Paul Private Industry Council. (To be laid over one week for adoption)
Laid over until October 5th for adoption.
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September 28, 1993
16. Resolution - 93-1414 - approving the appointment by the Mayor of Sgt. Terry Trooien to the
Skyway Governance Committee. (To be laid over one week for adoption)
Laid over until October 5th for adoption.
17. Resolution - 93-1415 - approving the appointment by the Mayor of Gia Westermeyer to the
Youth Fund Board representing Ward 5, Adult. (To be laid over one week for adoption)
Laid over until October 5th for adoption.
18. Resolution - 93-1416 - approving payment of attorneys fees for legal representation of police
officers involved in a high speed chase that was the subject of a federal grand jury in
Madison, Wisconsin.
Adopted Yeas - 5 Nays - 0
19. Resolution - 93-1378 - approving applications for the renewal of various Class III Licenses
by: Superamerica #4039, St. Bernard's Rec Center, Auto Repair Service, Quality Metals
Inc., Mike's East Side Auto Clinic, Midwest, Dayton's Parking Ramp St. Paul, Superamerica
#4038, #4032 and Arrow Auto and Truck Parts Inc. (Laid over from September 21st for
adoption)
Adopted Yeas - 5 Nays - 0
20. Resolution - 93-1379 - approving the application for On Sale Wine, On Sale Malt (3.2) and
Restaurant(B) License by Roses Vietnamese Cuisine Inc. at 2447 W. 7th Street. (Laid over
from September 21 st #Ar adoption)
Adopted Yeas - 5 Nays - 0
21. Resolution - 93-1417 - accepting proposal on sale of $1,425,000 General Obligation Civic
Center Refunding Bonds, Series 1993G, providing for their issuance and levying a tax for
the payment thereof.
Adopted Yeas - 5 Nays - 0
22. Resolution - 93-1418 - accepting proposal on sale of $2,620,000 General Obligation Urban
Renewal Refunding Bonds, Series 1993 H, providing for their issuance and levying a tax for
the payment thereof.
Adopted Yeas - 5 Nays - 0
COMMITTEE REFERRAL:
23. Resolution - 93-1419 - approving appointment of outside counsel in the matter of the State
of Minnesota vs Dennis John Hill. (Finance)
Referred to the Finance Committee.
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September 28, 1993
24. 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. (Finance)
�Referred to the Finance Committee.
25. Resolution - 93-1421 - amending the 1993 Budget of Planning & Economic Development
by accepting a federal JTPA Title III grant in the amount of $60,000 to employee workers
dislocated by the recent flood. (Finance)
Referred to the Finance Committee - Reconsidered at the end of the meeting and adopted.
Adopted Yeas - 5 Nays - 0
26. Resolution - 93-1422 - amending the 1993 Budget of Planning & Economic Development
by appropriating $100,000 for 1993 Neighborhood Crime Prevention Grant Program.
(Human Services, Health & Business Regulation)
Referred to the Human Services, Health & Business Regulation Committee.
27. Correspondence from Luis Lopez regarding concerns at Castillo Park. (Human Services,
Health & Business Regulation)
Referred to the Human Services, Health & Business Regulation Committee.
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MISCELLANEOUS:
40. Recognition of retiring City Employees Gerald York, Water Department; Richard L. Hoschka
= Public Works Department; and Marvin "Les" Day from the Como Park Conservatory for 15
years.
ORDINANCES
28. First Reading - 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. (Housing
& Economic Development)
Councilmember Rettman said there was no need for this item to go to Committee and
asked that the readings continue.
Council President Wilson asked that Planning & Economic Development staff report to the
Council on the Third Reading/Public Hearing.
Laid over until October 5th for Second Reading.
Council President Wilson recognized a group of students who were attending the Council
meeting as part of their Government Class from Humboldt Sr. High School.
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September 28, 1993
PUBLIC HEARINGS;PUBLIC HEARINGS:
29. Third Reading - 93-1271 - An ordinance amending the Civil Service Rules by establishing
three positions entitled Deputy Chief of Police in the unclassified service as well as the
minimum qualifications for same. (Finance Committee recommends approval)
Councilmember Rettman reviewed the Finance Committee report and recommendation.
Dan Vannelli, President of the Saint Paul Police Federation spoke in opposition to the
amendment. He said the people should be promoted on merit rather than by political
appointments and believes and believes the charges will lead to politicalization of the Police
Department. He said 60% of the Federation membership supports the current qualifications.
Councilmember Guerin said the Chief of Police should have the power to appoint people
to carry out their visions. Mr. Vannelli alleged that officers who questioned department
policies are penalized.
Councilmember Guerin said he is in support of the ordinance.
Councilmember Long noted a recent finalist for police chief could not meet the present
qualifications for deputy chief.
Mr. Vannelli responded to Mr. Long's concerns.
Laid over until October 5th for Final Adoption.
30. Resolution Ratifying Assessment - 93-1424 - In the Matter of the Marshall/Cleveland Area
Storm Sewer Separation Project.
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 5 Nays - 0
31. Resolution Ratifying Assessment - 93-1425 - In the Matter of the Cleveland/Marshall Area
Street Paving & Lighting Project.
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 5 Nays - 0
32. Resolution Ratifying Assessment - 93-1426 - In the Matter of the street improvement on
Iglehart Avenue from Cretin to Cleveland and Finn Street from Marshall to Iglehart as part
of the Cleveland/Marshall Street Paving Project.
Clifford Arnold, 2097 Igelhart said that by having the City do the work on their street this
summer the City saved approximately $70,000. Mr. Arnold said this money should be given
to the neighborhood to make improvements in park space for children.
Peter White, Real Estate Division reviewed the staff report and the recommendation for
approval.
Councilmember Long said the work was done because of a petition of the neighborhood
and the residents knew the assessment charges when they petitioned for the work.
(Discussion continued on following page)
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September 28, 1993
(Discussion continued from previous page)
Councilmember Guerin said their were many streets in his neighborhood that residents
would have liked done but the City did not have the money. Councilmember Guerin said
the assessments should be the same as for other parts of the City and moved approval as
assessed.
Adopted Yeas - 5 Nays - 0
33. Final Order - 93-1427 - In the Matter of the Seventh Place Mall Operation and Maintenance
costs for 1993.
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 5 Nays - 0
34. Resolution Ratifying Assessment - 93-1428 - In the Matter of the Seventh Place Mall
Operation and Maintenance costs for 1992.
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 5 Nays - 0
35. Resolution - 93-1429 - approving an application for transfer of a Gambling Manager's
License from Raymond Snouffer to Wilmer W. Harris dba Tanners Lake VFW Post #8217
at 1795 E. 7th Street.
No one appeared• in opposition.
Councilmembers Rettman, Guerin and Long moved approvat.
Adopted Yeas - 5 Nays - 0
36. s�Public Hearing to consider the appeal of Jeffrey Boston to a Summary Abatement Order for
property at 144 N. Lexington Parkway. (Neighborhood Services Committee recommends
denial of the appeal and clean-up with 48 hours after Council adoption)
No one appeared in opposition.
Councilmember Guerin moved denial of the appeal.
Denied appeal Yeas - 5 Nays - 0
37. Public Hearing to consider the appeal of Charles T. Drake to a Summary Abatement Order
for property at 585 Sherburne Avenue. (Neighborhood Services Committee recommends
denial of the appeal and clean-up within 48 hours after Council adoption)
No one appeared in opposition. �
Councilmember Guerin moved denial of the appeal.
Denied appeal Yeas - 5 Nays - 0
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September 28, 1993
38. Public Hearing to consider the appeal of Dale Mundinger to a decision of the Board of
Zoning Appeals to deny a 4,880 square foot lot variance and a 3 zoning room density
variance to permit an existing duplex to be converted to a triplex at 283 Aurora Avenue.
(Laid over from August 10th)
Marv Bunnell, Planning & Economic Development reviewed the staff report and decision of
the Board of Appeals. He stated that Mr. Mundinger had applied for and obtained a permit
to do auto repair at the adjacent property and recommended a condition be added to
assure auto repair would not occur at this address.
Dale Mundinger, applicant stated that he was not in opposition to the Council's conditions
on his variance requests and said he did not intend to expand his auto repair business.
Assistant City Attorney, John McCormick reviewed the process to overturn the Board of
Zoning Appeals decision.
Council President Wilson said the Neighborhood Block Club was in support of granting the
variances to construct a tri plex from the duplex property and granting the variance for lot
size. Mr. Wilson reviewed the errors he saw in the Boards decision regarding community
opinion, use of property and financial hardship.
CounciFmember Thune� moved approval of the appeal with stipulations and reviewed the
findings of error in the Boards decision.
Adopted Yeas - 5 Nays - 0
Councilmember Rettman moved to recall item # 25 for reconsideration.
Adopted Yeas - 5 Nays - 0
25. Resolution - 93-1421 - amending the 1993 Budget of Planning & Economic Development
by accepting a federal JTPA Title III grant in the amount of $60,000 to employee workers
dislocated by the recent flood. (Finance)
Councilmember Rettman moved approval.
Adopted Yeas - 5 Nays - 0
38. Report of an Administrative Law Judge including Findings of Fact, Conclusions and
Recommendations in the matter of the adverse hearing involving all licenses and certificate
of competency held by Ryan Plumbing and/or its officers at Ryan Plumbing and Heating
Company at 811 W. University Avenue. (Laid over from September 21 st)
Phil Byrne, Assistant City Attorney reviewed the City's cost of enforcement which were
approximately $1,700. He recommended that the Council approve the ALJ
recommendation. He said he would work with the Council and the License Division to set
up a matrix for setting fines as an alternative to suspension.
After further conversation among Councilmembers, it was agreed to accept the ALJ
recommendation because of the firms fine business reputation and because the owner
agreed to comply with the law.
Councilmember Guerin moved to renew the previous motion to impose the fine, stayed.
Adopted Yeas - 5 Nays - 0
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September 28, 1993
Councilmember Guerin recalled Administrative Order D-12562 and moved to lay it over one
_ week.
Roll Call Yeas - 5 Nays - 0
D-12562 approving payment of $10,500 to promote OCTOBERFEST '93 in Rice Park. (Laid
over one week)
Laid over until October 5, 1993.
Councilmember Rettman moved to adjourn the meeting.
Adopted Yeas - 5 Nays - 0
ADJOURNED AT 10:10 A.M.
v
�
ATTEST:
� ouncil ' ent, William Wilson
� -
� Minutes approved by Council
City Cle k Molly O' urke
O:dmb � �' o? �- 9 3
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