Minutes 09-23-1993 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Thursday, September 23, 1994
� 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 5:15 P.M.
Present - 4- Councilmembers Guerin, Maccabee, Rettman, Wilson
Absent - 3- Councilmembers Grimm (arrived after roll call), Long (excused), Thune
(arrived during discussion of the following item)
ADDITIONAL ITEM:
2. Report of the Administrative Law Judge including Findings of Fact, Conclusions and
recommendations in the Matter of the application of Saint Paul Firearms Company for a
Firearms Dealer's License at 634 N. Snelling Avenue. (Laid over from September 21 st)
City Attorney, Natalie Hudson said that Greg Perkins Attorney, Mr. Feinwichs, had faxed
his reply to her regarding the conditions of the license. She read each condition into the
record and Mr. Feinwichs responses.
Councilmembers Grimm and Wilson left and returned during the discussion of this item.
�� Councilmernbe�'Maccabee sa'rct the Neighborhood Coalition would file an appeal to the
� issuance of the license.
Extensive discussion ensued among Councilmembers regarding the age limit and sales
without an adult present. The conformance of such restrictions with State firearms laws;
the displaying of firearms in store windows and the selling of semi automatic firearms.
� Greg Perkins agreed that firearms will not be displayed in the window but are visible from
the windows to assure safety. He agreed not to sell fully automatic guns, but will sell
semi automatic guns.
Councilmember Maccabee said the neighborhood's position was morally and ethically
right, but believes these conditions are the only option at this point.
Council President Wilson summarized efforts to develop a compromise and avoid costly
litigation.
After further discussion, Councilmember Thune moved approval of the issuance of the
Firearms Dealer's License with stipulations.
Roll Call Yeas - 4 Nays - 2(Guerin, Maccabee)
PUBLIC HEARINGS:
1. Resolution - 93-1391 - suspending intoxicating Liquor On Sale, Sunday On Sale Liquor,
Restaurant, Entertainment, Gambling Location and Cigarette Ucenses held by Bertzyk
Enterprises Inc. dba Peppercorn's at 1174 Arcade Street. (uncontested -laid over from
September 21 st)
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September 23, 1993
(Continued from previous page)
Phil Byrne, Assistant City Attorney reviewed the Staff report and said the recommendation
was for a lessor penalty. Mr. Byrne said the offense was before the new owners took
over the business.
Discussion ensued among Councilmembers and it was agreed to levy a fine of $2,000 in
place of suspension of the business license.
Councilmember Grimm praised the new owners for their response to neighborhood
concerns moved approval of the motion to levy a fine.
Roll Call Yeas - 6 Nays - 0
Motion of intent to adopt $2,000 fine.
Councilmember Rettman asked that typographical errors in item # 10 be corrected and
moved approval of the Consent Agenda as amended.
Adopted Yeas - 6 Nays - 0
CONSENT AGENDA
FOR ACTION
1. Claims of Jim Hoag, Noreen Reber, and Martha Ann Walker.
Referred to the City Attorney's office.
2. � Resolution - 93-:1�i64--�: approving applications for renewal .of uarious On Sale Wine and
Supporting Licenses by: Mirror of Korea Restaurant, Tuilips Restaurant, Phalen Park Hall
and the Green Mill Inn. (Laid over from September 16th for adoption)
Adopted Yeas - 6 Nays - 0
3. Resolution - 93-1396 - approving applications for the renewal of Various Class I11 Licenses
by: Smith Parking, Great Western Recycling Industries, Inc. Service Parking and R.H. Auto
Sales. (To be laid over one week for adoption)
Laid over until September 30th.
4. Resolution - 93-1397 - approving the renewal of a contract between the City and the Public
Housing Agency (PHA) so the City Attorney's Office can continue to provide legal services
t�;to the PHA.
Adopted Yeas - 6 Nays - 0
5. Resolution - 93-1398 - adopting environmentally friendly procurement policies that were
passed into law as part of Chapter 249 during the most recent legislative session.
Adopted Yeas - 6 Nays - 0
6. -:<4 Resolution - 93-1399 - approving the assignment of Helping Hand Health Center Inc.'s
contractual responsibilities to West Side Gommunity Health Center Inc. and executing an
Assignment of Loan Agreement in a form approved by the City Attorney.
Adopted Yeas - 6 Nays - 0
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September 23, 1993
7. Resolution - 93-1400 - amending the 1993 Budget in the Department of Public Works to
upgrade signal lights atong E. University Avenue.
Adopted Yeas - 6 Nays - 0
8. Resolution - 93-1401 - establishing the 1994 Combined Sewer and Street Program
assessment rates.
Adopted Yeas - 6 Nays - 0
9. Resolution - 93-1402 - approving a one year contract between the City and the International
Brotherhood of Electrical Workers, Local 110. (To be laid over one week for adoption)
Laid over until September 30th.
10. Resolution - 93-1403 - approving the action of the Property Code Enforcement Board of
Appeals meeting of August 12, 1993 for: 1151 Bush Avenue, Charles Boll Appellant; 11
Summit Court, Paul Mohrnacher Association President Appellant; 2202 E. Minnehaha
Avenue, Christine McGing Appellant; 1189 Burr Street, Charles Laurents Appellant; 1187
Burr Street, Charles Laurents Appellant; 405 E. Jessamine Avenue, Charles Laurents
Appellant; 443 Dayton Avenue, Michael A. Dolan Appellant and 1347 Summit Avenue, Aviel
Goodman Appellant.
Adopted as amended Yeas - 6 Nays - 0
ORDINANCES
11. � Second 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)
� Laid over until September 28th for Third Reading/Public Hearing.
Councilmember Grimm left the meeting at this point as she was ill.
COMMITTEE REPORTS:
12. Resolution - 93-734 - amending the 1993 Budget in License, Inspection and Environmental
Protection to transfer funds from Contingency for salary promotions. (Finance Committee
recommends approval)
Councilmember Maccabee asked if a recent staff resignation affected the need for funds.
Councilmember Rettman said the funds were needed for pay equity and were unrelated to
the resignation.
Councilmember Rettman moved approval.
Adopted Yeas - 5 Nays - 0
544
September 23, 1993
PUBLIC HEARINGS:
13. Third Reading - 93-1358 - An ordinance to amend Chapter 24 of the Administrative Code
relating to the rules governing financial interests, and to the receipt of gifts by public
officials. (Human Services, Health & Business Regulations recommends approval)
No one appeared in opposition.
Laid over until September 30th for Final Adoption.
14. Public Hearing to consider the appeal of Joseph M. Stepka to a Summary Abatement Order
for property at 600 Michigan Avenue. (Laid over from September 9th)
No one appeared in opposition.
Councilmember Guerin moved denial of the appeal with clean-up within 48 hours after
adoption and publication.
Roll Call Yeas - 5 Nays - 0
DENIED
15. Public Hearing to consider the appeal of Arthur and Mary Komarek to a decision of the
Planning Commission to grant a special condition use permit to allow auto repair and sales
of used automobiles at 380 W. Maryland Avenue.
Kadi Dadlez, Planning & Economic Development reviewed the staff report.
Councilmember Rettman asked Ms. Dadlez if the applicant had made application for an
Auto Repair License and a Us�d Car Dealer License and Ms. Dadlez answered in the
affirmative.
Ms. Dadlez said the applicant called and said he would not be in attendance at the
suggestion of his lawyer and because he spoke little English.
Council President Wilson asked if the applicant or a representative was in attendance today
and no one responded.
Jerry Segal, Assistant City Attorney reviewed the procedure for hearing testimony.
Paul Lyle, 1171 Western Avenue, representing the neighborhood, said neighbors were not
against the auto repair, but did oppose the Used Car Sales. He reviewed the concerns of
the neighbors regarding the lot size, limited parking and increased traffic and showed
pictures of the proposed used car dealer lot with the proximity to neighboring properties.
Art Komarek, 1172 Cumberland said there was not enough room for Used Car and Auto
Repair businesses on the same lot.
- Mary Komarek, 1172 Cumberland spoke in support of the Auto Repair Business but not in
favor of the Used Car Dealer License because of the size of the lot and said there would
be no off street parking for customers.
Debbie Anderson, 1187 Western said she is concerned about the safety of children who live
in the area of the proposed car lot but of increased traffic from customers test driving cars.
Robert Ott, 501 W. Maryland, owner of the Cabinet shop said he is in favor of the repair
business but not the used car lot as it would generate too much traffic from outside the
community.
Red Vanek, representing the real estate company selling the lot spoke in favor of both
businesses and said the property has been vacant for a long time. He said it was a market
in the past and there were no problems with parking.
545
September 23, 1993
Councilmember Thune left and returned duri�g the discussion.
Kari Lyle, 1171 Western spoke in favor of the auto repair business but said she could not
` support the used car dealership.
Jerry Mickus, 1168 Western said the vehicle entrances and exits are in the bus stop area
and would be create a safety hazard.
Councilmember Rettman moved to close the Public Hearing.
Roll Call Yeas - 5 Nays - 0
Councilmember Rettman reviewed the errors of the Planning Commission's report and
showed a video of Maryland Avenue from Como Park to McKnight Road. She said there
are many residential areas along the way and it is not predominately a business corridor
as cited in the Planning Commission report.
Councilmember Guerin said he was in favor of business and could see no error in the
Planning Commission report and suggested the community consider limiting the hours of
operation and the number of cars that can be sold.
Councilmember Rettman made a motion to grant the appeal of Arthur and Mary Komarek
regarding the Used Car Lot license with conditions.
Adopted Yeas - 5 Nays - 0
Councilmember Guerin moved to suspend the rules to introduce the following resolution.
Adopted Yeas - 5 Nays - 0
Resolution - 93-t430 - amending the 1993 Budget ta reflect increased financing and
spending authority for the Joint Promotion Fund.
After a short discussion among Councilmembers, Councilmember Guerin moved approval.
Adopted Yeas - 4 Nays - 1(Maccabee)
Councilmember Maccabee moved to suspend the rules to introduce the following
resolution. .
Adopted Yeas - 5 Nays - 0
Resolution - 93-1431 - setting ballot language for a Charter Commission proposal regarding
the publication of resolutions and Council minutes in the official newspaper.
Councilmember Maccabee said the Charter Commission was unwilling to remove the issue
from the ballot and moved approval of the ballot language proposed by the Human Services
Committee. �
Councilmembers Maccabee and Rettman said they could see no point in putting this on the
ballot as a similar proposal was on the ballot in 1991.
City Clerk O'Rourke spoke in opposition to the last sentence as it appeared to bias the
question and noted the previous question had a majority vote, but less than the 51 %
required for passage.
Council President Wilson spoke in opposition to the last sentence as it did not explain the
issue before the voters.
(Continued on following page)
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September 23, 1993
(Continued from previous page)
After further discussion, Councilmember Thune moved to strike the last sentence.
Adopted Yeas - 3 Nays - 2(Maccabee, Rettman)
Counciimember Rettman spoke against the change to the Charter but said she would vote
for the ballot language to avoid the cost of a special election.
Adopted Yeas - 5 Nays - 0
Councilmember Rettman moved to adjourn the meeting at this time.
Adopted Yeas - 5 Nays - 0
ADJOURNED AT 7:40 P.M.
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ATTEST:
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ouncil President, William Wilson
Minutes approved by Council
City Cler , olly O'Ro rke � U— a�� 9 3
:dmb
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