Minutes 09-21-1993 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Tuesday, September 21, 1993
9:00 A.M. Room 330 City Hall and Court House
(temporary Council Chambers)
- Third Fioor City Hall and Court House
Saint Paul, Minnesota
The meeting was called to order by President Wilson at 9:05 A. M.
Present - 7- Councilmembers Grimm, Guerin, Long, Maccabee, Rettman, Thune, Wilson
Absent - 0 -
City Clerk O'Rourke noted that the Agenda should be revised to show that Administrative
Order D-12559 deducts funds from the contract and that item # 17 amends the Budget
of the Finance Departments Real Estate Management Fund for repairs to the LIEP roof.
Councilmember Rettman asked that item # 16 be referred to Human Services Committee
instead of the Finance Committee.
Councilmember Grimm asked that item # 7 be removed for discussion.
Councilmember Long moved approval of the Consent Agenda as amended.
Adopted Yeas - 7 Nays - 0
CONSENT AGENDA
�.:
�OR ACT14N
1. ,� Approval of th�e City Council minutes from the August 19, 24 and 26, 1993 meetings.
Adopted Yeas - 7 Nays - 0
2. Claims of Chris Andersen, Jerome P. Moris, Paul R. Opseth and Randolph Melvin Parker.
Referred to the City Attorney's Office.
3. Administrative Orders D-12555 through D-12560 noted as on file in the City Clerk's Office.
4. Letter from the Division of Public Heath declaring the following properties to be 'Nuisance
Buildings': 1026 Burr Street, 603 N. Pascal Street, 1949 Sherwood Avenue and 502
Thomas Avenue. (For notification purposes only - Public Hearings may be scheduled at
a later date)
532
September 21, 1993
5. Resolution - 93-1374 - approving the action of the Properry Code Enforcement Board of
Appeals for property at: 1400 Midway Parkway, Marilyn Mortensen Appellant; 443 Dayton
Avenue, Michael A. Dolan Appellant; 1347 Summit Avenue, Aviel Goodman Appellant and
499-501 N. Grotto Street, Donald & Marge Herke Appellants.
Adopted Yeas - 7 Nays - 0
6. Resolution - 93-1375 - approving the Canvass and declaring the results of the September
14, 1993 City Primary Election.
Adopted Yeas - 7 Nays - 0
7. (Discussed later in the meeting)
8. Resolution - 93-1377 - approving a grant contract between the City of Saint Paul and the
Minnesota Department of Health for improved immunization for pre-school children.
Adopted Yeas - 7 Nays - 0
9. 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, Daytons Parking Ramp St. Paul, Superamerica
#4038 and #4032 and Arrow Auto and Truck Parts Inc. (To be laid over one week for
adoption)
Laid over until September 28th for adoption.
10. Resolution - 93-1379 - approving an application for renewal of an On Sale Wine, On Sale
Malt (3.2), and Restaurant(b) License by Roses Vietnamese Cuisine, Inc. dba Roses
Vietnamese Cuisine at 2447 W. 7th Street. (To be laid over one week for adoption)
Laid over until September 28th for adoption.
11. Preliminary Order - 93-1380 -•In the Matter of constructing the Hazelwood/McLean Area
Storm Sewer Separation Project bounded by Highway 61, Highway I-94, Flandrau Street
Upper Afton Road and Leone Avenue and setting date of Public Hearing for November 16,
1993.
Adopted Yeas - 7 Nays - 0
12. Preliminary Order - 93-1381 - In the Matter of improvir�g streets with a new bituminous
surfaced roadway, concrete curb and gutters and a lantern style street lighting system in
conjunction with the Hazelwood/McLean Area Street Paving and Lighting Project and
setting date of Public Hearing for November 16, 1993.
Adopted Yeas - 7 Nays - 0
13. Preliminary Order - 93-1382 - In the Matter of constructing sanitary sewer, storm sewer,
and/or water service connections, if requested by the property owner for the
Hazelwood/McLean Area Storm Sewer and Street Paving and Lighting Projects and setting
date of Public Hearing for November 16, 1993.
Adopted Yeas - 7 Nays - 0
533
September 21, 1993
COMMITTEE REFERRALS:
14. Petition of West Seventh Street residents concerning an alleged dangerous intersection at
� St. Clair Avenue. (Public Works)
Referred to the Public Works Committee.
15. Resolution - 93-1383 - amending the 1993 Budget of Planning & Economic
Development/Job Creation Section by accepting monies for the Capitol City Youth
Employment Program. (Finance)
Referred to the Finance Committee.
16. Resolution - 93-1384 - approving disbursement of Youth Program Funds (Charitable
Gambling). (Finance)
Referred to the Human Services, Health & Business Regulations Committee.
17. Resolution - 93-1385 - amending the 1993 Budget of Real Estate Management Fund by
transferring $32,000 to the financing and spending plans for replacement of a roof over the
third floor of the City Hall Annex. (Finance)
Referred to the Finance Committee. (recalled later in the meeting and Adopted Yeas - 7
Nays - 0)
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7. -,Resolution - 93-1376 - declaring Sunday, September 26, 1993 as Pastor Robert Walrod Day.
Councilmembers Grimm and Rettman recognized Pastor Walrod for his contributions to the
East Side Community.
Pastor Walrod thanked the Councilmembers for the honor and said he was looking forward
�3 to retirement.
Councilmembers acknowledged Pastor Walrod's contributions to the community.
Councilmembers Grimm and Rettman moved approval.
Adopted Yeas - 7 Nays - 0
ORDINANCES
18. First Reading - 93-1386 - An ordinance amending Chapter 86 of the Administrative Code
to provide for City CounGil authorization of any lease agreement that the City enters into and
removing the delegation of authority for the Mayor to enter into leases of one year or less
in duration. (Finance)
Councilmember Rettman suggested that item # 18 need not go to Committee.
After a brief discussion, Councilmembers agreed to refer to the Finance Committee.
Referred to the Finance Committee.
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September 21, 1993
19. Second 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 Senrices Committee recommends approval)
Laid over until September 23rd for Third Reading/Public Hearing.
PUBLIC HEARINGS:
20. Resolution Ratifying Assessment - 93-1353 - In the Matter of the Minnehaha/Ruth Area
Storm Sewer Separation Project. (Laid over from September 14th)
Erwin Neuvar, 2214 Beech Street spoke in opposition to paying for decorative lantern style
lighting and felt that the existing lighting was satisfactory.
Georgia Bostrom, 2111 E. Magnolia spoke in opposition of the lantern style lighting and
questioned if people were billed correctly.
Ray Flannigan, 882 Lake Street showed the Council a receipt for previous sewer separation
assessments and said he was opposed to paying for the same work again and again.
Councilmember Thune directed Public Works to investigate Mr. Flannigan's concern and
report back to the homeowner.
Ed Flatten, 894 Lake Street said the storm water from the area runs into Beaver Lake and
asked why they were being assessed for a storm sewer in the area. Mr. Flatten said the
sidewalks were poorly designed during the previous construction.
A brief discussion among Councilmembers ensued concerning the work done on the
project and it was agreed that the Public Works Department should respond to each of the
homeowners. .
Councilmember Guerin also explained the City's policy for installing lantern lighting.
Councilmember Guerin moved approval.
Adopted Yeas - 7 Nays - 0
21. Resolution Ratifying Assessment - 93-1387 - In the Matter of the Minnehaha/Ruth Area
Street Paving and Lighting Project.
(See discussion with item # 20)
Councilmember Guerin moved approval.
Adopted Yeas - 7 Nays - 0
Councilmember Long left the meeting at this point and returned later.
22. ;. Final Order - 93-1388 - In the Matter of construction of a sanitary sewer and service
_ connections in Hunting Valley Road from Doswell to approximately 400 feet south of
Doswell and constructing a public water main and service connections in Hunting Valley
Road from Doswell to approximately 400 feet south of Doswell.
No one appeared in opposition.
Councilmember Maccabee said the Preliminary Order should say as amended because of
the unique characteristics of the site.
Councilmember Maccabee moved approval.
Adopted Yeas - 6 Nays - 0
535
September 21, 1993
23. Resolution - 93-1389 - ordering the owner to repair or remove the building at 407 E.
��° .l�essamine Avenue. (Neighborhood Services Committee recommended 15 days to repair
or remove)
No one appeared in opposition.
Councilmember Guerin moved approval of the Committee recommendation.
Adopted Yeas - 6 Nays - 0
24. Resolution - 93-1390 - ordering the owner to repair or remove the building at 936 York
Avenue.
(Neighborhood Services Committee recommended 15 days to repair or remove)
No one appeared in opposition.
Councilmember Guerin moved approval of the Committee recommendation.
Adopted Yeas - 6 Nays - 0
Councilmember Long returned to the meeting at this point.
25. Resolution - 93-1404 - ordering the owner to repair or remove the building at 725 Stryker
Avenue. (Laid over in Neighborhood Services Committee until October 20th)
No one appeared in opposition.
Councilmember Guerin moved to lay over the item until October 21 st.
Roll Call ` Yeas - 7 Nays - 0
Laid over until October 21 st.
�:
26. Resolution -93-1405 - ordering the owner to repair or remove the building at 768 Stewart
'= Avenue. (Neighborhood Services Committee recommended approval)
No one appeared in opposition.
�� Councilmember Rettman said the item.was discussed extensively in Committee and asked
that the Committee materials be referenced in the permanent record.
':� Councilmember Gc�erin moved approval.
Adopted Yeas - 7 Nays - 0
27. Resolution - 93-1183 - considering the petition of Ha Lu and Kieu Dang to vacate Theresa
Place between St. Paul Avenue and Howell Avenue. (Laid over from September 14th)
No one appeared in opposition.
Councilmember Long said his office spoke to the property owners and they support a delay
until a revised policy is considered and moved to lay over this item for 4 weeks.
Roll Call Yeas - 7 Nays - 0
Laid over until October 19th.
536
September 21, 1993
28. Resolution - 93-1391 - suspending Intoxicating Liquor On Sale, Sunday On Sale Liquor,
Restaurant, Entertainment, Gambling Location and Cigarette Licenses held by Bertzyk
Enterprises, Inc. dba Peppercorn's at 1174 Arcade Street. (uncontested)
Phil Byrne, Assistant City Attorney was representing the License Division.
Councilmember Grimm asked that the item be laid over until the next Council meeting
because all the materials were not copied into the Councilmembers packets. ofFce.
After a brief discussion, it was agreed by Councilmembers to lay over this matter until
Thursday's meeting.
Laid over until September 23rd.
Councilmember Grimm left and returned during the discussion of this item.
29. Report of an Administrative Law Judge including Findings of Fact, Conclusions and
Recommendations In the Matter of the adverse hearing involving all licenses and certificates
of competency held by Ryan Plumbing and/or its officers at Ryan Plumbing & Heating Co.
at 811 W. University Avenue.
Phil Byrne, Assistant City Attorney reviewed the facts, staff report of the incident and
findings of the Administrative Law Judge.
Councilmember Guerin said the Council should impose a fine on the business in the
amount of water used.
Councilmembers Maccabee and Thune said the fine should be in the amount of the cost
of enforcement.
- Councilmember F�ettman asked that it be laid over for; two weeks to review the level of fine
to be imposed.
-.: After further discussion, Councilmember Maccabee asked for a one week lay over.
Roll Call Yeas - 7 Nays - 0
Laid over until September 28th.
Councilmember Long moved to suspend the rules to introduce the following.
Adopted Yeas - 7 Nays - 0
Resolution - 93-1406 - amending C.F. 93-1187 to allow a new order of 1544 Grand Avenue
an additional 6 months to pursue uses for the building before it is demolished.
Marc Merdersheid of Twin City Federal reviewed the banks efforts to reposes the property
and said he would like a 6 month extension of the demolition orders to repair or sell the
properry.
Councilmember Thune left the meeting at this point.
Chuck Votel, Public Health said the Health Department is in favor of the extension.
After a brief discussion regarding maintenance, the condition of the building and the banks
:�: willingness to maintain the property, Councilmember Long moved approval of the extension.
Adopted Yeas - 6 Nays - 0
Councilmember Grimm left the meeting at this time.
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September 21, 1993
Councilmember Rettman moved reconsideration of item # 17.
`�Roll CaU Yeas - 5 Nays - 0
17. _ Resolution - 93-1385 - amending the 1993 Budget of Real Estate Management Fund by
transferring $32,000 to the financing and spending plans for replacement of a roof over the
third floor of the Cit�r Hall Annex. (Finance)
Councilmember Rettman said the work needed to be completed before winter weather and
moved adoption.
Adopted Yeas - 5 Nays - 0
Councilmembers Grimm and Thune returned to the meeting at this time.
ADDITIONAL ITEMS:
COMMITTEE REPORTS:
2. Resolution - 93-1205 - requesting financial data and a recommendation from the Mayor
regarding granting of pension benefits to Saint Paul fire fighters who were hired prior to July
1, 1980. (Finance Committee recommends approval as amended - laid over from
September 16th)
Councilmember Rettman moved approval of the Finance Committee amendments,
Adopted Yeas - 7 Nays - 0
Councilmember t�ettman moved approval.
Adopted Yeas - 7 Nays - 0
� Council President Wilson directed the Budget Director to draft a resolution regarding the
appointment of a City employee to the Joint Tax Committee consisting of representatives
;� from the Ramsey County, Independent School District # 625 and the City.
1. Resolution - 93-1064 - approving the proposed wage and benefit package for non-
represented Management Personnel. (Finance Committee submits to Council without
recommendation - laid over from September 16th)
Councilmember Rettman reviewed the discussion at the Finance Committee.
Councilmember Maccabee said she preferred merit increase raises rather than across the
board raises.
Budget Director, Pam Wheelock said that bargaining units are perceived as highest paid
employees, but this is not correct. She said these employees have not received an increase
in the past three years. He noted this proposal is less than other bargaining units have
received in the time period.
Councilmember Maccabee agreed that they had not received a wage increase but stated
that the employees were given an increase in their fringe benefit package which was
substantial.
Ms. Wheelock answered questions of Councilmember Maccabee concerning the fringe
; package of unrepresented Management Personnel.
(Discussion continued on following page)
538
September 21, 1993
(Discussion continued from previous page)
Councilmember Guerin said he cannot support the proposed wage and benefit package.
Councilmember Thune said he could support the proposal if the health benefits were
capped at family levels to ass�re that people did not get excess money.
Councilmember Long said he can support the proposed wage package but not the deferred
comp allowance and asked that the resolution be amended to delete that benefit.
eliminated".
Extensive discussion ensued among Councilmembers and Ms. Wheelock regarding how
and why the deferred comp benefit was applied to this unit of employees.
Mark Robinson, Director of the Office of Human Resources said this group gave up benefits
to receive the deferred comp benefit. He said a change in the benefit so late in the process
would be unfair.
Councilmember Long suggested that the resolution be amended to study the deferred
comp benefit prior to the end of the year.
Councilmembers Guerin and Maccabee spoke against the proposal and spoke in favor of
the amendment.
Councilmember Thune moved approval of the resolution as presented.
Adopted Yeas - 4 Nays - 3(Guerin, Maccabee, Rettman)
Council President Wilson recessed the meeting at 11:20 A.M.
Council President Wilson reconvened the meeting at 11:35 A.M.
�:Present - 7- Co�cilrr�ernbers,-Grimm, Guerin, Long, {Vlaceabee Rettman, Thune, Wilson
Absent - 0 -
MISCELLANEOUS:
30. 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 9th)
Council President Wilson reviewed the proceedings up to the present time and said
neighborhood representatives had contacted his office to ask for a lay over until Thursday.
Councilmember Maccabee said the parties involved have waited long enough and asked
that this item not be laid over, but voted on today.
< City Attorney, Natalie Hudson reviewed the Administrative Law Judge report. Ms. Hudson
told Councilmembers that the letter they had received from the Neighborhood Coalition
lawyer, Ms. Melnick, cannot be considered at this time as it was not presented during the
ALJ process.
Councilmember Maccabee reviewed the applicable laws and previous court rulings on
related matters. She said the nuisance issues were not strong enough to support denial
of the license but that the firearms violation admitted by Mr. Perkins was grounds for
. denying the license.
�ouncilmember Long said he could not agree with the ALJ recommendation on the
grounds of nuisance laws. He argued for denying the license due to the firearms violation.
(Discussion continued on following page)
539
September 21, 1993
(Discussion continued from previous page)
Councilmember Guerin spoke in support of issuing the license.
Councilmember Thune said laws were needed to prevent gunshops from locating in
residential neighborhoods and that laws cannot be retroactive. He said the alleged firearms
use did not appear to be a reckless act and the applicant stopped when told to.
Councilmember Grimm said she supported the issuance of a license to the applicant at this
time for the same reasons cited by Councilmember Thune.
Councilmember Maccabee made a motion to deny the issuance of the license due to the
violation of a City ordinance regarding firearms.
Councilmember Rettman recommended granting the license with conditions regulating no
illegal discharge of guns on the premises; all displays in the shop would be secured and
not visible in the windows and all persons under 21 years of age would be I.D. and in the
accompany of an adult.
After further discussion regarding possible conditions and the relevance of the firearms
violation, Councilmember Maccabee renewed her motion to deny the license on the basis
of a firearms violation.
Further discussion ensued among Councilmembers regarding the above mentioned issues
and the relevance of previous nuisance case law. Again, Councilmember Maccabee
renewed her motion to deny the license.
Roll Call Yeas - 2 Nays - 4(Guerin, Rettman, Thune, Grimm, Wilson)
Upon questioning, City Attorney Hudson recommended the Council approve the license as
the firearms violation did not constitute enough evidence to deny the license.
Extensive discussion ensued among Councilr�nembers pertaining to the proposed
stipulations to be added to the license.]
Councilmember Guerin asked the City Attorney to review the legality of the proposed
conditions.
: Councilmembers agreed to lay the matter over to September 23rd.
- Kathleen Winters, a representative of the neighborhood, and David Feinwicks said the
Council's actions would lead to further litigation and that Mr. Feinwicks would not be
available on September 23rd.
Council President Wilson said the Council had made every effort to promote a compromise
and avoid litigation, but to no avail.
After further discussion, Councilmembers moved to grant the license with stipulations and
reviewed the proposed language on September 23rd.
Roll Call Yeas - 6 Nays - 1(Long) .
Laid over until September 23rd.
Councilmember Guerin moved to suspend the rules to introduce the following resolution.
Adopted Yeas - 7 Nays - 0 �
Resolution - 93-1407 - authorizing the Fire Department to accept a contribution of $5,500
from the Saint Paul Firefighters Local # 21 to send Fire Department personnel to fire
training classes, seminars, and conferences.
Councilmember Guerin moved approval.
Adopted Yeas - 7 Nays -0
540
September 21, 1993
Councilmember Rettman moved to suspend the rules to recall the following resolution from
the Finance Committee far adoption.
Adopted Yeas - 7 Nays - 0 �
Resolution -93-1371 - appointing Linda Camp Director of Finance and Management
Services.
Councilmember Rettman said this needed to be adopted today in order to process the
payroll for the City and moved approval.
Adopted Yeas - 7 Nays - 0
Councilmembers Long, Maccabee and Thune left the meeting at this time and did not
return.
Sharon Scarella Anderson addressed the Council concerning correspondence listed under
item # 6.
Councilmember Guerin moved to adjourn the meeting.
Adopted Yeas - 4 Nays - 0
ADJOURNED AT 1:15 P.M.
1
.. .. r "
ATTEST:
Council President, William Wilson
1 ;
Minutes approved by Council
City Clerk, Ily O'Ro rke
M mb /D -a/- 93
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