Minutes 08-24-1993 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Tuesday, August 24, 1993
9:00 A.M. Council Chambers
, Third Floor Cit�r Hall and Court House
Saint Paul, Niinnesota
The meeting was called to order by President Wilson at 9:08 A.M.
Present - 6- Councilmembers Grimm, Guerin, Long, Maccabee, Rettman, Wilson
Absent - 1- Councilmember Thune (arrived after the Consent Agenda)
Councilmember Long requested that item # 16 be removed from the Consent Agenda
for discussion.
After discussion among Councilmembers, Councilmember Rettman requested that item
# 19 to the Housing & Economic Development Committee for review.
Councilmembers Long and Rettman moved approval of the Consent Agenda as
amended.
Adopted Yeas - 6 Nays - 0
CONSENT AGENDA
FOR ACTION
1. Approval of the minutes af the July 29, 1993 City Council meeting.
Adopted Yeas - 6 Nays - 0
2. Claims of Tom Besaw, Brad Colvin, Wayne Sagstetter (members of Local # 132), Stephen
J. O'Gorman, Paul's Lounge Inc. and Ricky A. Sellers.
Referred to the City Attorney's Office.
3. Summons in Application for Registration of Land In the Matter of the application of Meridian
National Bank.
4. Appeal to a Summary Abatement Order by Charles T. Drake for property at 585 Sherburne.
z= .(City Clerk's Office recommends date of Public Hearing before the Neighborhood Services
Committee for September 15th and before the Council on September 28th)
5. Petition from May Lee to vacate the north/south alley behind 1085 Central Avenue.
480
' August 24, 1993
6. Resolution - 93-1215 • approving the appointments of Michael Zeledon, Michael Randolph,
' Julio Fesser and Mary ' Jane Steinhagen to the Advisory Committee for People with
Disabilities. (To be laid over one week for adoption)
Laid over until August 31 st for adoption.
7. Resolution - 93-1216 - approving the reappointments of Councilmember wlliam wlson,
Councilmember Dave Thune, Lyn Burton and Bill Peterson to the Saint Paul Port Authority
Board. (To be laid over one week for adoption)
Laid over until August 31 st for adoption.
8. Resolution - 93-1217 - approving the reappointments of Robert Mayer, James Bartol,
Richard Newmark, Ed Olsen, and Julie Famham and the appointment of Paul St. Martin to
the Bicycle Advisory Board. (To be laid over one week for adoption)
Laid over until August 31 st for adoption.
9. Resolution - 93-1218 - approving the reappointments of Charles Steffel, Scott Bunin, Carol
` Ann McGuire and Craig Wruck to the Metropolitan Aircraft Sound Abatement Council: (fo
be laid over one week for adoption)
Laid over until August 31 st for adoption.
10. Resolution - 93-1147 - approving an application for an Off Sale Liquor License by the Mao
family Corp dba Wolter Brothers Pharmacy and Liquor at 438 W. University Avenue. (Laid
`��- over from August 17th)
Adopted Yeas - 6 Nays - 0
�
11. Resolution - 93-1184 - approving an application for an On Sale Wine, On Sale Malt and
=~� Restaurant B License by Shepard Inc. dba Faricy's In the �Itage at 2012 Ford Parkway.
�� (Laid over from August 17th for adoption)
Adopted Yeas - 6 Nays - 0
12. Resolution - 93-1185 - approving an application for renewal of various On Sale Liquor and
Supporting Licenses by: Keenan's 620 Club Inc., The Spot Bar and Shenanigan's. (Laid
over from August 17th for adoption)
Adopted Yeas - 6 Nays - 0
13. Resolution - 93-1219 - approving applications for renewal of various On Sale Liquor and
--Supporting Licenses by: Minnesota Museum of Art, Christensen's Bar,�-Fitzgerald's and the
Saint Paul Civic Cerrter. (To be laid over one week for adoption)
Laid over urrtil August 31 st for adoption.
481
August 24, 1993
14. Resolution - 93-1220 - approving an application for renewal of an On Sale �ne, On Sale
Malt (strong . Beer) � and Restaurarrt C License by Table of Conterrts Inc. at 1648 Grand
Avenue. (fo be laid over one week for adoption)
Laid over until August 31 st for adoption.
15. Resolution - 93-1221 - approving applications for renewal of various Off Sale Liquor and
Supporting Licenses by: Snelling Avenue Fine wnes and Shamrock Plaza Liquors. (To be
laid over one week for adoption)
Laid over until August 31st for adoption.
16. (Discussed later in the meeting)
17. Resolution - 93-1223 - directing the Office of Cable Communications to file for a rate
regulation certification with the Federal Communications Commission.
Adopted Yeas - 6 Nays - 0
18�;�_ Resolution - 93-1224 - authorizing the Department of Fire and Safety Services to execute
' an emergency medical services mutual aid agreement with Hennepin County Medical
Center.
Adopted Yeas - 6 Nays - 0
19. Resolution - 93-1225 - approving appointment of special counsel to the City Attorney's
Office to provide day to day legal services for the Department of Planning & Economic
Development.
Referred to the Housing & Economic Development Committee.
20. Resolution Approving Assessment - 93-1226 - In the Matter of the Seventh Place Mall
Operation and Maintenance Costs for 1992 and setting the date of Public Hearing for
September 28, 1993.
Adopted Yeas - 6 Nays - 0
21. Preliminary Order - 93-1227 - In the Matter of the Seventh Place Mall Operation and
Maintenance Costs for 1993 and setting the date of Public Hearing for September 28,1993.
Adopted Yeas - 6 Nays - 0
22. Resolution Approving Assessment - 93-1228 - In the Matter of the Marshall/Cleveland Area
�.� Storm Sewer Separation Project and setting the date of Public Hearing for September 28,
1993.
Adopted Yeas - 6 Nays - 0
482
August 24, 1993
23. Resolution Approving Assessmerrt - 93-1229 - In the Matter of street improvements on
Igtehart Averiue from Cretin to Cleveland and Fnn Street from`Marshall� to Iglehart �s part
of the Cleveland Marshall Street Paving Project and setting the date of Public Hearing for
September 28, 1993.
Adopted Yeas - 6 Nays - 0
24. Resolution Approving Assessmerrt - 93-1230 - In the Matter of the Cleveland/Marshall Area
Street Paving and Lighting Project and setting the date of Public Hearing for September 28,
1993.
Adopted Yeas - 6 Nays - 0
25. Preliminary Order - 93-1231 - In the Matter of sidewalk reconstruction on Edgebrook
Walkway from Dellridge to Fatcon and setting date of Public Hearing for August 31, 1993.
Adopted Yeas - 6 Nays - 0
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Councilmember Thune arrived during the discussion of the following item.
16. Resolution - 93-1222 - supporting State legislation allowing for the revocation of professional
license5 and termination of employment of Police officers who are convicted of crimes such
� as sexual misconduct.
-� Councilmember Long moved approved with an amendment to request that the POST Board
amend their rules prior to the City finalizing the legislative position.
� Extensive discussion ensued among Councilmembers regarding management rights,
, currerrt sexual assaults, options and irrterpretations of the Civil Service rules, definitions of
moral turpitude, timelines for acting and possible conflict with old sodomy laws.
Councilmember Long accepted as friendly amendmerrts by Councilmember Maccabee to
clarify the assauft issue and Council President wlson regarding racial assaults.
Ed Steenberg, Deputy Chief in the Police Department Administration, suggested that the
language in the resolution correspondence to language in the criminal statutes by the City
Attorney.
Councilmembers agreed to lay over the item until August 31 st to allow the appropriate
language to be used for sexual assaults.
Roll Call Yeas - 7 Nays - 0
Laid over until August 31 st.
(tater in the meeting, #his item was recons�dered and laid over indefinitelyj
483
ORDINAfdCES
26. Final Adoption - 93-1139 - An ordinance amending section 73.03 of the Legislative Code
pertaining to the°Heritage Preservation Commission. (Public Hearing held August 17th)
Councilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
Councilmember Long left the meeting to attend a Minnesota League of Cities Board
meeting.
COMMITTEE REPORTS:
27. Resolution - 93-1029 - authorizing the Council to enact ordinances establishing a design
district and frameworks, a design advisory committee and establishing design review
procedures to preserve and enhance the City's appearance and environmental quality.
(Housing & Economic Development Committee recommends approval)
Councilmember Grimm moved approval.
Councilmember Rettman requested an amendment to clarify the impacts/constraints of the
budgeting process.
� After discussion to clarify Councilmember Rettman's intent.
Councilmember Rettman moved approval as amended.
Adopted Yeas - 6 Nays - 0
�-t
Council President Wilson introduced Ed Steenburg, Deputy Chief, Police Department who
introduced Nicolay A. Ovchinnikov, Chief of Police and Vasili I. Rudenko, Deputy Chief of
the Ekaterinburg Police Department in Russia. Mr. Steenburg explained the exchange
program that the Russian Police Oificers were participating in and said<Saint Paul Police
officers will probably go to Russia in the near future.
PUBLIC HEARINGS:
28. Third Reading - 93-1176 - amending C. F. 92-1885 granting permission to Bethesda Lutheran
Hospital to install and maintain a sign on the boulevard on the west side of Capitol
Boulevard at Charles Avenue. (For Action)
No one appeared in opposition.
Laid over until August 31 st for Final Adoption.
29. Third Reading - 93-1177 - approving amendments to the Human Rights Ordinance - Chapter
1893 of the Legislative Code. (For Action - referred to the Human Services, Health &
Business Regulations Committee on August 12th with readings to continue)
Councilmember Maccabee requested the Third Reading to be continued until August 26th
to allow time for Josephier Brown, Human Rights Department, to review proposed changes
by the Committee.
Roll Call Yeas - 6 Nays - 0
Continued Third Reading until August 26th.
484
August 24, 1993
30. Resolution Ratifyin� Assessmerrt - 93-1232 - In the Matter of demolition of vacant buiidings
for May and June, 1993; Summary Abatement for 1029 Edmund Avenue, demolition of
vacarrt building at 659 N. Dale for May, 1993; boardings up of vacant buildings for part of
April & May, 1993; collecting expenses involved for towing abandoned vehicles from
properties for earty 1992 to March, 1992; collecting administrative charges incurred by
Health Department notifying property owners to repair or demolish buildings; Summary
Abatemerrts (Property Clean Up) from May to mid June, 1993. (Neighborhood Services
Committee recommends approval with the following amendments: 602 Laurel 8� 1345 Payne
Avenue be deleted and 122 Lyton laid over in Committee to September 1 st)
No one appeared in opposition.
Councilmember Guerin moved approval as amended in Committee.
Adopted Yeas - 6 Nays - 0
31. Final Order - 93-1233 - In the Matter of sidewalk reconstruction on both sides of Carroll
Avenue from N. Avon to Fisk. (Public Works Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved to lay over the item until September 2 as there were
neighborhood residents who were in opposition.
Roll Call Yeas - 6 Nays - 0
Laid over until September 2nd.
32. � Final Order - 93-1234 - In the Matter of sidewalk reconstruction on both sides of Bush
Avenue from Germain to Kennard. (Public Works Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved approvaL
Adopted Yeas - 6 Nays - 0
` Councilmember Guerin moved to recall item # 25 and lay it over indefinitely.
Adopted Yeas - 6 Nays - 0
25. Preliminary Order - 93-1231 - In the Matter of sidewalk reconstruction on Edgebrook
Walkway from Dellridge to Falcon and setting date of Public Hearing for August 31, 1993.
Councilmember Guerin moved to lay over indefinitely.
Roll Call Yeas - 6 Nays - 0
Laid over indefinitely.
33. Final Order - 93-1235 - In the Matter of sidewalk reconstruction on the north side of Aurora
Avenue at 705 Aurora only. (Public Works Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
485
August 24, 1993
34. Final Order - 93-1236 - In the Matter of sidewalk reconstruction on the north side of Old
Hudson Roac� from Birmingham to Hazelwood. (Public Works Committee recomrnends
approval)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
35. Final Order - 93-1237 - In the Matter of sidewalk reconstruction on both sides of Wilson
Avenue from Kennard to Flandrau. (Public Works Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
36. Final Order - 93-1238 - In the Matter of sidewalk reconstruction on the east side of Clarence
Street from E. Ivy to E. Arlington and the west side of Clarence Street from Topic Lane to
E. Arlington. (Public Works Committee recommends approval)
.:. No one appeared in opposition.
� Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
37. � Final Order - 93-1239 - In the Matter of sidewalk reconstruction on both sides of E. Orange
Avenue from Pedersen to E. Ivy. (Public Works Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
38. Final Order - 93-1240 - In the Matter of sidewalk reconstruction on both the S. Dale Street
and the Fairmount Avenue sides of 633 Fairmount and the south side of Goodrich Avenue
from S. Dale to Crocus Place. (Public Works Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
39. Final Order - 93-1241 - In the Matter of sidewalk reconstruction on the south side of Summit
Avenue from S. Oxford to S. Lexington Parkway. (Public Works Committee recommends
approval)
�;# No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
486
August 24, 1993
40. Resolution - 93- 1242 - approving an application for an Off Sale Liquor License by The
� American Dream Builders Inc., dba Christine Uquors at 111 Concord Street.
No one appeared in opposition.
Councilmember Thune moved to lay over the item one week because of neighborhood
concem regarding the size and alcohol c�ntent of alcohol being sold.
Mike Vanderhaden, owner of the business said the "pocket bottles" were a sizeable part of
his business.
Councilmember Thune said he would meet with Mr. Vanderhaden to discuss the issue and
moved to lay over the item to August 31 st.
Rotl Call Yeas - 6 Nays - 0
Laid over to August 31 st.
(See action later in meeting on this issue)
41. Resolution - 93-1243 - approving an application for a Recycling Processing Center License
by Light Cycle Inc. at 1222 W. University Avenue.
No one appeared in opposition.
Councilmember Rettman moved approval.
Adopted Yeas - 6 Nays - 0
Councilmember Thune said he has reached an agreemerrt with the owner as to the size and
types of containers to be sold. He read the stipulations into the records and moved
approvat.
Adopted Yeas - 6 Nays - 0
42. Resolution - 93-1244 - approving an application for a Recycling Collection Cerrter by E-Z
Recycling Inc. at 875 N. Prior Avenue.
No one appeared in opposition.
Councilmember Maccabee moved approval.
Adopted Yeas - 6 Nays - 0
43. Resolution - 93-1245 - approving an application for a Massage Therapist License by Janos
Takacs at 400 Selby Avenue.
No one appeared in opposition.
Councilmember Grimm moved approval.
Adopted Yeas - 6 Nays - 0
44. Resolution - 93-901 - amending the 1993 Budget by approving changes to the Community
Development Block Grarrt Fund by Moving funds from the Single Family Program to the
Homestead Assistance Program. (Finance Committee recommends approval)
No one appeared in opposition.
Councilmember Rettm�n moved approval.
Adopted Yeas - 6 Nays - 0
487
August 24, 1993
45. Resolution - 93-902 - amending the 1993 Budget by approving changes to the Development
Block� Grant Fund by moving funds from the Commercial Rehab� Program and replaee them
with Housing & Redevelopment Authoriiy Funds from the Rental Rehabilitation Program.
(Finance Committee recommends approval)
No one appeared in opposition.
Councilmember Rettman moved approval.
Adopted Yeas - 6 Nays - 0
Councilmember Thune was gone during the following item and returned.
46. Letter from Mayor Scheibel vetoing C.F. 93-1027 regarding the retiree insurance plan for
the Saint Paul Police Federation.
Council President Wilson said he had informed some people the issue would be discussed
on August 26th.
Councilmembers agreed to lay over this item until August 26th.
Laid over until August 26th.
F . ,
,` Councilmember Thune moved to reconsider C.F. 1242 ('�tem # 40).
Adopted Yeas - 6 Nays - 0
Councilmember Rettman moved to adjourn the meeting.
Adopted Yeas - 6 Nays - 0
ADJOURNED AT 10:05 A.M.
. ,
ATTEST:
Council President, �Iliam �Ison
Minutes approved by Council
City Clerk, olly O'Rourke
M :dmb � /, / 993
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488