Minutes 08-19-1993 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Thursday, August 19, 1993
5:00 P.M. Council Chambers
Third Floor City Hall and Court House
Saint Paul,, Minnesota
The meeting was cailed to order by President Wilson at 5:05 P.M.
Present - 7- Councilmembers Grimm, Guerin, Long, Maccabee, Rettman, Thune, Wilson
Absent - 0 -
Councilmember Maccabee requested that item # 10 be referred to the Finance
Committee for review.
Councilmember Rettman noted that the Tanner's Lake VFW Post # 8217 was included
in both resolutions for items # 4 and # 6 and that item # 8 included a typographical error
in the address.
Councilmeber Rettman said that items # 11 and # 12 did not need to be referred to the
Finance but could be adopted tonight.
Councilmember Maccabee moved approval of the Consent Agenda as amended.
Adopted Yeas - 7 Nays - 0 .
CONSENT AGENDA
FOR ACTION
1. Claims of Philip J. Danen, Sophia P. Anderson, Timothy Norman Perron, Amelia Schinzing,
Kristi Rueckert, State Farm Insurance (Bonny Jean Anderson) and Randy S. Sellers.
Referred to thQ City Attorney's Office.
2. Summons in Application for Registration of Land In the Matter of the application of Housing
& Redevelopment Authority of the City of Saint Paul for that part of the northwesterly 26 feet
of Lot 3, lying southeasterly of the northwesterly one food thereof, Block 11, Bazil and
- Guerin's Addition to Saint Paul.
3. Summons in Application for Registration of Land In the Matter of the application of Housing
& Redevelopment Authority of the City of Saint Paul to register the title to the following Lot
3 lying Southeasterly of the northwesterly 26 feet thereof; the northwesterly 1/2 of Lot 6;
all in Block II, Bazil and Guerin's Addition to Saint Paul.
472
August 19, 1993
4. Resolution - 93-1170 - approving applications for renewal of Various Class III Licenses by:
M& J Auto, James L Ulrich, Sears Roebuck & co., Castro's Collision Center, Jerry's Mobii
Service, Maximiliano Hair Galleria lnc., Jensen Durfee & Assoc., St. Paul Collision Center,
Metropol�an State University, Landmark Towers Parking Ramp,°`Open Hands, To Chau
�etnamese Restaurant and Tanners Lake VFW Post 8217. (Laid over from August 12th for
adoption)
Adopted Yeas - 7 Nays - 0
5. Resolution - 93-1171 - approving applications for renewal of Various on Sale Uquor and
supporting Licenses by: Fabulous Fem's, Depot Bar and St. Paul Civic Center. (Laid over
from August 12th for adoption)
Adopted Yeas - 7 Nays - 0
6. Resolution - 93-1172 - approving applications for renewal of Various On Sale Uquor Club
and Supporting Licenses by: Tanners Lake VF1N Post 8217, and Club Milton Inc. (Laid over
from August 12th for adoption)
Adopted Yeas - 7 Nays - 0
7. Resolution - 93-1202 - establishing "One Hour Parking 8 AM to 5 PM Weekdays, Except by
Permit" zone on the west side of Clevetand Avenue from 40' north of Hendon Avenue to 60'
south of Dudley Avenue.
Adopted Yeas - 7 Nays - 0
8. Resolution - 93-1203 - approving renewal of an On Sale �ne, On Sale Malt (3.2), and
Restaurant-B License by Mama's Pizza Inc. dba Mama's Pizza at 961 Rice Street (address
corrected). (To be laid over one week for adoption)
��- Laid over until August 26th for adoption. -
9. i�< Resolution = 9�-1204 - approving application for the renewal of various Class III Licenses
by: Murray's Motorcar Co. LTD, Apcoa Inc., Payne Avenue Auto Sales, American Auto
Radiator, T& L Custom, Watergate Marina, Donald Keefe and Lloyd's Automotive. (To be
laid over one week for adoption)
Laid over until August 26th for adoption.
10. Resolution - 93-1205 - requesting financial data and a recommendation from the Mayor
regarding grarrting of discretionary pension benefits to Sairrt Paul firefighters who were hired
prior to July 1, 1980.
Referred to the Finance Committee.
COMMITTEE REFERRAL:
11. Resolution - 93-1206 - amending the 1993 Police Department Budget by transferring
$39,664 from Special Fund monies for team office fax, telephone and data senrices.
Adopted Yeas - 7 Nays - 0
473
- August 19, 1993
12. Resolution - 93-1207 - amending the 1993 Public Works Budget by adding $4,462.28 to the
Grand� East II, Ughting Maintenance Assessment District. �
Adopted Yeas - 7 Nays - 0
ORDINANCES
13. First Reading - 93-1208 - An ordinance regarding Chapter 33 of the Administrative Code
entitled "Reimbursement for Car Expenses" to provide reimbursement to o�icers and
employees for the use of their motorcycles while on official City business. (For Action)
Laid over until August 26th for Second Reading.
14. Second Reading - 93-1176 - Amending C.F. 92-1885 granting permission to Bethesda
Lutheran Hospital to install and maintain a sign in the boulevard on the west side of Capitol
Boulevard at Charles Avenue. (For Action)
Laid over until August 24th for Third Reading/Public Hearing.
.�;,
15. Second Reading • 93-1177 - approving amendments to the Human Rights Ordinance -
Chapter 189 of the Legislative Code. (For Action - referred to the Human Services, Health
& Business Regulations Committee on August 12th with readings to continue).
Laid over until August 24th for Third Reading/Public Hearing. �
PUBLIC HEARINGS:
16. Resolution = 93 1209 - approving an application�for.:a Class B Gambling Location: License
by Metro Bar & Grill Inc. dba Arnellia's at 1183 W. University Avenue.
No one appeared in opposition.
Councilmember Maccabee asked if changes had been made to the by-laws at this
establishment and Christine Rozek, License Department said the changes have been made
and the license application was in order.
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
17r Resolution - 93-1210 - approving an application for a new State Class B Gambling Premise
Permit by North Suburban Youth Association Inc. at Arnellia's, 1183 W. University Avenue.
(See discussion with item # 16)
�.� No one appeared in opposition.
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
474
August 19, 1993
18. Resolution - 93-1211 - approving an application for a new Gambling Manager's License by
Elizabeth Matson dba North Suburban Youth Association Inc. ' at Amellia's, 1183 W.
University Avenue.
No one appeared in opposition.
(See discussion with item # 16)
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
19. Resolution - 93-1212 - approving an application for a Gas Station, Original Container and
Cigarette License by Petro Developmerrts dba Total at 568 W. Maryland Avenue.
No one appeared in opposition.
Councilmember Rettman welcomed the business to the neighborhood and moved approval.
Adopted Yeas - 7 Nays - 0
20. Resolution - 93-1213 - approving an application for a Hotel/Motel 50 rooms and 34
additional rooms by the Union Gospel Mission at 77 E. 9th Street.
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
21. Resolution - 93-1163 - ordering the owner to remove or complete the repair of 1038 N.
Lexington Parkway. (Laid over from August 10th)
No one appeared in opposition.
Councilmember Guerin requested a two week layover.
�-�� Roll Call Yeas - 7 Nays - 0
'� Laid over to September 2nd.
22. Appeal to a Summary Abatement Order by Jeffery and Linda Cox for property at 1183 E.
Maryland Avenue. (Neighborhood Senrices Committee recommends denial of the appeal -
laid over from August 12th)
City Clerk O'Rourke read a letter into ihe record from the City Attomey's Office which
recommended that the Council forward the issue to the Property Code
Er�forcement Board to follow the proper procedure.
Councilmember Guerin moved to refer this appeal to the Property Code Enforcement
Board.
Roll Call Yeas - 7 Nays - 0
Referred to the Property Code Er�forcement Board.
Councilmember Maccabee moved to suspend the rules to recall the following resolution
from Public Works Committee.
Adopted Yeas - 7 Nays - 0
475
August 19, 1993
Preliminary Order - 93- 1214 - In the Matter of the construction of a sanitary sewer and
sewer connections in Hunting Valley Road from Doswell Avenue to approximately 400'
south of Doswell Avenue and constructing a public water main and senrice connections in
Hunting Valley Road from Doswell Avenue to approximately 400' south of Doswell.
Councilmember Maccabee moved to lay this item over until September 9th.
Roll Call Yeas - 7 Nays - 0
Laid over until September 9th.
Councilmember Thune moved to suspend the rules to introduce the following resolution.
Adopted Yeas - 7 Nays - 0
Resolution - 93-1246 - directing the Department of Public Works to set up barriers on
Jackson Street, position appropriate signage and establish a traffic program for the loading
and unloading of buses from August 27th through October 9, 1993.
Councilmember Thune said this was needed for the National Anne Frank Display which will
be at the Great Hall during that time. He said there would be many school buses bringing
students to view the display and the barriers were needed for safety in loading and
unloading buses.
Councilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
23. 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.
City Attorney, Natalie Hudson said that the representatives of the neighborhood, which were
a party to the Administrative Law Judge process, submitted a report that should not be
reviewed or considered by the City Council. She explained that the report was submitted
following the closure of the Administrative Law Judge hearing and could not properly be
considered by the Council as part of their deliberations.
Phil Bryne, Assistant City Attorney, representing the License Division spoke in opposition
to the ALJ report. He said the AW erred in determining that fear or negative perceptions
are sufficient grounds for creating a nuisance as defined by law. He said it sets a
dangerous precedent, that it violated the first amendment and opened the City to potential
liabitity.
Councilmembers questioned Mr. Bryne regarding court decisions cited by parties to the AW
action and their relationship to this case.
David Feinwachs, Attorney for Greg Perkins, spoke in opposition to the ALJ hearing
recommendation. He said the ALJ's acceptance of the neighborhood's contention that
people will flee the community and that property values will deteriorate is in error. He noted
that Council action to deny the license will result in further litigation. He noted that the
business is appropriately zoned, it is commercial not residential, and is guaranteed under
the first amendment, if all laws are complied with.
476
August 19, 1993
Councilmembers Thune and Guerin left and returned Mr. Feinwachs testimony.
Mr. Feinwachs expressed said there are no recent court cases regarding similar issues� that
all were very old. He also noted that Joan Perkins, a witness for the neighborhood, has a
history of inental illness and was arrested by the Police following the first day of her
testimony.
Councilmember Long raised questions regarding Mr. Feinwachs' equal protection argument.
Mr. Feinwachs noted that both the Holiday and nearby hardware store had gun licenses
and that it is irrational to approve for those locations, but not for Mr. Perkins establishment.
He werrt on to say that issues of security raised by neighborhood residents have been
addressed by a recent State requiring law regarding security measurers for firearms
establishmerrts.
Laura Melnick, a represerrtative of concerned neighbors, spoke in support of the AW report.
She noted that the Council could prohibit a threatened nuisance and cited court cases that
applied. She noted that a license to do business is not a fundamental right and is not
covered by the First Amendmerrt.
� Councilmember °Rettman questioned License staff regarding other businesses that �were
exclusively selling firearms.
Chris VanHorn, License Division, responded that there were no exclusive firearms dealers
in Saint Paul.
CouncilmembeF Maccabee noted this is a basis for distinction between the Holiday and the
hardware store.
Council President Wilson questioned Ms. Melnick regarding perceptions by neighborhoods
and its retationship to feelings of fear and threat.
�` Councilmember. Long asked if there were distance requirements for weapons free zones
� firom parks and school zones and was answered in the negative.
In response to questions of Councilmembers, Mr. Perkins said he had not used the fire
range in his basemerrt for a few years.
The discussion ensued among Councilmembers regarding the potential for settlement or
compromise with Mr. Perkins.
Councilmember Guerin moved to close the Public Hearing.
Roll Call Yeas - 7 Nays - 0
Councilmember Guerin moved recess at 7:30 P.M. and Council meeting reconvened at 7:45
P.M.
Present - 7- Councilmer�bers Grimm, Guerin, Long, Maccabee, Rettman, Thune, Wilson
Abserrt - 0 -
Councilmember Guerin asked Mr. Perkins ff he was willing to have this situation mediated.
Mr. Perkins responded that he was willing to do so several months ago, but preferred that
the Council take action at this time so he can be given some direction in the situation.
(Discussion continued on following page)
477
August 19, 1993
(Discussion continued from previous page)
Councilmember Maccabee disagreed with Mr. Perkins assertion that he was willing to
mediate previously and said she would be open to having the business moved to another
location w�hin the 4th Ward. She said Mr. Perkins had not been willing to show evidence
as to his improvements and dollars invested in the business so far.
Councilmember Guerin spoke in support of voting tonight and then negotiating based on
the outcome of the Council vote.
Discussion ensued among Councilmembers on this issue.
Councilmembers Wilson, Thune and Rettman spoke in support of a layover to allow time
for negotiations.
Councilmember Guerin said he was concerned about the cost of engaging the services of
a mediator.
Councilmember Rettman asked if a mediator might be willing to accept the case without
charge.
In response to questioning, City Attorney Hudson noted that there were some risks to laying
it over as potential damages to Mr. Perkins might increase.
,,, After further discussion, Councilmember Rettman moved a one week layover and requested
' that an independent mediator be sought.
Roll Call Yeas - 7 Nays - 0
Laid over until August 26th.
MISCELLANEOUS:
24. Letter from Mayor Schiebel vetoing C.F. 93-1088 and C.F. 93-1089 regarding appeals
concerning Saint PauPs Church Home expansion.
Counci�President �Ison: said this was going to be on the Council Agenda August,26th and
Councilmember Thune moved a layover.
Roll Call Yeas - 7 Nays - 0
Laid over until August 26th.
Council President asked that C.F. 93-1178 be recalled from indefinite lay over.
Councilmember Thune moved recall.
Adopted Yeas - 7 Nays - 0
_�; <
478
August 19, 1993
Resolution - 93-1178 - approving an application for an On Sale Liquor-C and Entertainment
III Vicense by Richard Olawole 8� Michael Egi dba African Entertainmerrt Center at 1058 W.
University Avenue. (Laid over indefinitely on August 12th)
Council President Wilson explained that a Public Hearing notice was distributed for the
parking modification on August 26th Council meeting and that people will be confused if the
item is not on the agenda.
Upon request of Council Presiderrt �Ison, Councilmember Thune moved approval of a lay
over urrtil August 26th.
Roll Call Yeas - 7 Nays - 0
Laid over until August 26th.
Councilmember Long moved to adjoum the meeting.
Adopted Yeas - 7 Nays - 0
ADJOURNED AT 8:15 P.M.
�
' �
ATTEST:
uncil President, William Wilson
Minutes approved by Council
City Cle , ol O'Rourke
- O:dmb a � l �9
479