Minutes 06-15-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL
Tuesday, June 15, 1993
� 9:00 A.M. Council Chambers
� Third Floor City Hall and Court House
Saint Paul, Minnesota
The meeting was calied to order by President �Ison at 9:10 A.M.
Present - 6- Councilmembers Guerin, Long, Maccabee, Rettman, Thune, Wilson
Absent - 1- Councilmember Grimm (arrived later in meeting)
Assistant City Clerk Swanson said item # 14 had been brought in under suspension on
June 3rd and adopted.
Councilmember Thune moved approval of the Consent Agenda as amended.
Adopted Yeas - 6 Nays - 0
CONSENT AGENDA
FOR ACTION
, ,,:..
1. �:Approval of City Council minutes from May 6, 11, 18 and 20th closed door session, 1993.
�. Adopted Yeas - 6 Nays - 0
2. Claims of Thomas Grzyuinski, Ray Hawkinson and Donald McMahon.
Referred to the City Attorney's Office.
3. .. Administrative Orders D-12446 through D-12456 noted as on file in the City Clerk's Office.
4. Letter of the Cit�r Attorney announcing date for Public Hearing of June 28-29, 1993 before
an Administrative Law Judge pertaining to adverse action against license application of
Claude Micius dba M. E. Liquor Company.
5. Letter of the Department of Planning setting a date of Public Hearing for July 1, 1993 in the
matter of an appeal by the Thomas Dale Block Club to a decision of the Planning
-� Commission granting reestablishment of a nonconforming use permit to Adel Taweeleh to
��.:allow a grocery store at 440 Thomas Avenue.
6. Resolution - 93-744 - approving the appointment of Jan Cronquist and reappointments of
, Peg LaBore, Marci Mylan and Zora Radosevich to the City/County Health Services Advisory
Committee. (Laid over from June 8th for adoption)
Adopted Yeas - 6 Nays - 0
331
June 15, 1993
7. , Resolution - 93-801 - approving the reappointments of Wayne Wittman, Elizabeth Young,
� Harold Bartel, Fred Tiedmann, Keith Harris, Marcia Jagodzinske and Bruce Larson to the
� Mayor's Advisory Committee For People with Disabilities. (To be laid over one week for
adoption)
Laid over until June 22nd for adoption.
8. Resolution - 93-802 - approving the appointment of Terry Garvey to the Public Housing
Authority-City (HRA) Pension Plan Administrative Committee. (To be laid over one week for
adoption)
Laid over until June 22nd for adoption.
9. Resolution - 93-803 - approving the appointment of Christopher Madel and reappointment `
of Robert Engelhardt to the Skyway Govemance Committee. (To be laid over one week
for adoption)
Laid over until June 22nd for adoption.
10. Resolution - 93-804 - approving the reappointment of LeClair Lambert, Richard Zehring,
Lynn Lohr and Robert Schwartzbauer to the Saint Paul Civic Center Authority. (fo be laid
over one week for adoption)
Laid over until June 22nd for adoption.
11. Resolution - 93-805 - approving the reappointments of �ng Vang, Hung Pham, Win Terrell,
:dChagil Emiliano, Bea Vue-Benson, Olga Zoltai and Soliving Kong to the Saint Paul Refugee
:�>�Affairs �ommittee. (To�be laid over one week for adoption)
,: Laid over until June 22nd for adoption.
.:
12.� Resolution - 93-806 - approving the appointment of Diana Rodriguez, Josh Janish, and
� Midge Hernandez to the Youth Fund Board. (fo be laid over one week for adoption)
�_ Laid over until June 22nd for adoption.
13. Resolution - 93-745 - approving the Memorandum of Agreement between the City and the `
United Association of Pipefitters Local Union # 455. (Laid over from June 8th for adoption)
Adopted Yeas - 6 Nays - 0
14. Resolution - 93-807 - approving an application for the transfer of an Off Sale Liquor License
to the Galles Corporation dba Galles Liquors currently held by T's Liquors Inc. at 1325
Randolph Avenue. (Public Hearing held June 8th)
Brought in under suspension and adopted June 3rd.
15. Resolution - 93-748 - approving applications for renewal of various On Sale Liquor &
Supporting Licenses by: Chatterbox Bar, The Lamplighter Lounge, The Stahl House,
t - Louie's Bar, T. J. Bell's, the Payne Reliever, The Woodshed, P.K.'s Pub Inc, Brown Derby
Lounge, Joseph's, Forepaugh's, and the Saint Paul Civic Center. (laid over from June 8th
for adoption)
Adopted Yeas - 6 Nays - 0
332
June 15, 1993
16.= Resolution - 93-749 - approving applications for renewal of various On Sale Wine &
� Supporting Licenses by: Hearthside Restaurant, Sakura Restaurant & Fish Market and
Lotus �ctoria Crossing. (laid over from June 8th for adoption)
� Adopted Yeas - 6 Nays - 0
17. Resolution - 93-750 - approving applications for renewal of Various Class III Licenses by:
M& H Gas Station, Trade Lake Camp/Coach's, Mickey's Nook, Phnom Penh Bangkok
Market, V& C Auto Clinic, Gregg's Auto Body, Northwestern Tire Company, Fred's Tire
Company, Crocus Hill Import Service, Doran-King Garage Inc., Union Gospel Mission, Rohl
Transmission, Allied Parking Inc, Johnson Area Youth Hockey/Louie's, Superamerica
#4413, Auto Max Inc., Ryder Student Transportation, Superamerica #4428, Superamerica
#4420, Guzzo's L& R Service Inc., Johnson Area Hockey/Governor's, Wilbur's Auto
� Service, Sister Rosalind Gefre's Professional Massage Center, Auto Max Inc., YMCA of
Greater St. Paul, Lancer Service, Big Brothers/Big Sisters of Greater St. Paul/Midway Pro
Bowl, Clair's Mobil Service, Superamerica #4422, Ramada Hotel, Kellogg Square
Apartments, Healing Touch Christian Ministries, Inc., YMCA of Greater St. Paul,
� Superamerica #4419, Waldorf Corp., Superamerica #4414, YMCA of Greater St. Paul,
�Superamerica #4421, Arcade Oriental Market Inc., Mallard TeaPs Payne Avenue Auto Body,
: Speedy Food Stop, Daniel's Auto, Sister Rosalind Gefre's Professional Massage Center and
,: Sinclair Retail #22053. (laid over from June 8th for adoption)
;:Adopted Yeas - 6 Nays - 0
18. Resolution - 93-751 - approving an application for renewal of an Off Sale Liquor and Original
Container Ucense:by Ramaley Uquor Inc. dba Ramaley Liquor at 666 Grand Avenue. (laid
over from June 8th for adoption)
Adopted Yeas - 6 Nays - 0
19. Resolution - 93-752 - approving applications for renewal of Various Class III Licenses by:
Superamerica #4039, #4032, #4038 and #4040, Applebaum's, Four Seasons Automotive
Service, Superamerica #4020 ྷ, Olson's Kwik Food Mart, Korner Store, St. Paul
Campus Grocery, Selby Food & Gas, Feronia Dairy, R.C. Dick's Foods, Olsons Randolph
� Service Station, America & Asian Grocery, Economy Muffler, Midway Motel �Inc., General
Tire & Rubber Co., Burr Street Grocery, Car-X Muffler Shop, Superamerica Group Inc.
.#4359, Anderson-Nelson VFW Post #1635, Phalen Park Auto Service, Speedy Market, Day
� By Day Cafe, Speedy Market #15, Rice & Larpenteur 66, Holiday's, Superamerica #4151,
Royal Guard Jr. Drum & Bugle Corps/Club Metro, Arcade 66 Service, Sister Rosalind's
� Professional Massage Center, Minni Market, A-1 Used Cycle Parts, Koutek Garage, Haas
- . Collision Craft, East Side Service, Trans Auto & Cleveland Standard. (laid over from June
8th for adoption)
Adopted Yeas - 6 Nays - 0
333
June 15, 1993
20. Resolution - 93-808 - approving action of the Property Code Enforcement Board of Appeais
meeting of May 13, 1993 for properties at: 415 Summit Avenue, Steven Nordberg
Appellant; 606 Portland Avenue, Gregory Mayen Appeilant; 312 Summit Avenue, Steve Balej
`� Appellant; and 1035 Summit Avenue Father Waiter Boehne, S.R. Appeilant.
Adopted Yeas - 6 Nays - 0
21. Resolution - 93-809 - approving action of the Property Code Enforcement Board of Appeals
meeting of May 13, 1993 for properties at: 653 York Avenue, Bill Flis Appellant; 735
Woodlawn Avenue, Clifford Sorensen; and 464 Thomas Avenue, Leng Vang Appellant.
Adopted Yeas - 6 Nays - 0
22. Resolution - 93-810 - approving outside Counsel in the matter of alleged charges against
Warran R. Schaub, an assistant Fire Chief. �
Adopted Yeas - 6 Nays - 0
23. Resolution - 93-811 - approving a request for an ex#ension of time to complete work on
property at 87 wnnipeg under provision of "Dangerous Structures-Nuisance Buildings".
Adopted Yeas - 6 Nays - 0
24. Preliminary Order - 93-812 - In the Matter of sidewalk construction and/or reconstruction
on both sides of Field Avenue from S. Prior Avenue to Murray and both sides of Murray
Street from Field to Sheridan and setting date of Public Hearing for July 27, 1993.
Adopted Yeas - 6 Nays - 0
25: Preliminary Order - 93-813 - In the Matter of sidewalk reconstruction on both sides of
�, Kenneth Street from Sheridan to Norfolk and setting date of Public Hearing for July 27,
1993.
� Adopted Yeas - 6 Nays - 0
�
26. Preliminary Order - 93-814 - In the Matter of sidewalk reconstruction on the south side of
Lincoln Ave. from S. Syndicate to S. Hamline and setting the date of Public Hearing for July
27, 1993. e
Adopted Yeas - 6 Nays - 0
27. Preliminary Order- 93-815 - In the Matter of sidewalk reconstruction on both sides of
Sheridan Avenue trom Davern to S. Wheeler and setting date of Public Hearing for July 27,
1993.
Adopted Yeas - 6 Nays - 0
28. Preliminary Order - 93-816 - In the Matter of sidewalk reconstruction on both sides of Susan
Ave. from St. Paul Avenue to Colette Place and setting date of Public Hearing for July 27,
� 1993.
Adopted Yeas - 6 Nays - 0
334
June 15, 1993
29., Preliminary Order - 93-817 - In the Matter of sidewalk reconstruction on both sides of
,-.=�-Worcester Ave. from St. Paul Avenue to Collette and setting date of Public Hearing for July
27, 1993.
Adopted Yeas - 6 Nays - 0
30. Preliminary Order - 93-818 - In the Matter of sidewalk reconstruction on both sides of
Colette Place from Magoffin to Dorothea, the east side of Colette Place from Morgan to
Worcester, the west side of Colette Place from Magoffin to Worcester and the south side
, of Magoffin Avenue from St. Paul Avenue to Collette and setting the date of Public Hearing
for July 27, 1993.
Adopted Yeas - 6 Nays - 0
COMMITTEE REFERRAL:
31. Resolution - 93-819 - an Administrative Resolution approving the Pay Equity Report.
(Finance)
Referred to the Finance Committee.
32.� � Resolution - 93-820 - designating the Saint Paul Public Schools and the Consortium of
. Schools for the Future to receive INET equipment grants. (Public Works)
-. Referred to the Public Works Committee.
ORDINANCES
Councilmember Grimm arrived at the meeting at this point.
, 33. Final Adoption - 93-380 - An ordinance creating a new chapter of the Administrative Code
by establishing a Police Internal Affairs Commission. (Intergovernmental Relations & Public
Safety Committee recommend approval of substitute resolution - Public Hearing held June
8th)
Council President Wilson said the appointments would be made through the open filing
process within 30 days of adoption of the resolution. �
Councilmember Long moved approval.
� Adopted Yeas - 5 Nays - 2(Guerin, Maccabee)
34: Final Adoption - 93-700 - An ordinance amending Appendix C, Section 5 of the Legislative
Code relating to franchise fees so that franchise fees will not increase in such a way as to
penalize a customer for significantly expanding their business. (Public Hearing held June
8th)
Councilmember Guerin said item # 50 is a companion resolution and moved approval of
both items.
Adopted Yeas - 7 Nays - 0
335
June 15, 1993
50.� flesolution - 93-730 - expressing the desire that future City Councils retain the modification
� placing a$620,000 cap on large commercial and industriai customers of NSP made to the
fee structure through the ten year franchise which is anticipated will be adopted in March,
1996. (Amended and laid over from June 8th)
• Councilmember Guerin moved approvai.
Adopted Yeas - 7 Nays - 0
PUBLIC HEARINGS:
35. Final Order - 93-821 - In the Matter of sidewalk reconstru�tion on both sides of W. Nevada
Avenue from N. Grotto to approximately 255.65' west of N. Grotto Street. (Public Works
Committee recommends approval)
No one appeared in opposition.
Councilmembers Long and Rettman moved approval. �
Adopted Yeas - 7 Nays - 0
36. �nal Order - 93-822 - in the Matter of elimination of a curb cut at 171 Front Avenue located
on the north side of Front Avenue from Aibermarle to Woodbridge. (Public Works
Committee recommends approval)
No one appeared in opposition.
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
37. -�final Order - 93-823 - In the Matter of sidewalk reconstruction with integral curb on the east
side of N. Dale Street from Portland to Ashland. (Public Works Committee recommends
�= approval)
� �lo one appeared in opposition.
� Counciimember Rettman moved approvaL
Adopted Yeas - 7 Nays - 0
38. Final Order - 93-824 - In the Matter of sidewalk reconstruction on the north side of Iglehart
Avenue from Arundel to Mackubin. (Public Works Committee recommends approvai)
No one appeared in opposition. ,
Counciimember Thune moved approval.
Adopted Yeas - 7 Nays - 0
39. Final Order - 93-825 - In the Matter of sidewalk reconstruction on the north side of Coliege
Avenue from Old Kellogg Blvd. to West Kellogg Blvd. (Public Works Committee
recommends approval)
No one appeared in opposition.
Counciimember Thune moved approval.
�:� Adopted Yeas - 7 Nays - 0
336
June 15, 1993
40, ., �inal Order - 93-826 - In the Matter of sidewalk reconstruction with integral curb on the
. ��.� south side of E. Tenth Street from Jackson to Sibley. (Public Works Committee
� recommends approval)
No one appeared in opposition.
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
41. Final Order - 93-827 - In the Matter of sidewalk reconstruction on both sides of Euclid Street
from Cypress to Earl. (Public Works Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
42. Final Order - 93-828 - In the Matter of sidewalk reconstruction on the south side of Margaret
Street from Hancock to Gotzian. (Public Works Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval.
-. Adopted Yeas - 7 Nays - 0
43.r,Final Order - 93-829 - In the Matter of sidewalk reconstruction on both sides of E. Third
, , Street from N. Howard to N. McKnight. (Public Works Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
44. Final Order - 93-830 - In the Matter of sidewalk reconstruction on both sides of Brimhall
Street from Niles to Hartford. (Public Works Cammittee recommends approval)
No one appeared in opposition.
Councilmember Thune moved approvaL
Adopted Yeas - 7 Nays - 0
Councilmember Thune moved to suspend the rules to introduce the following resolution
which was received after the agenda was printed.
Adopted Yeas - 7 Nays - 0
45. Resolution - 93-858 - denying a parking modification for Vicorp Restaurant Inc. dba Baker's
Square Restaurant at 917 Grand Avenue.
Marv Bunnell, Planning & Economic Development said the staff recommendation was to
deny the parking modification.
, Councilmembers asked questions regarding the amount of traffic that would be increased
with the sale of beer and wine.
Chris VanHorn, Ucense Department said this was a menu item only.
(Discussion on following page)
337
June 15, 1993
y(Discussion continued from' previous page) �
- ��Larry Bideau, Vice President for Baker's Square said there wouid be no bar set up in the
- restaurant and it would not be advertised on the outside. He said the restauran# has to stay
competitive with area restaurants that offer beer and wine on their dinner menu and urged
the Council to approve the parking modification today. Mr. Bideau also referred to a verbal °
agreement for shared parking with a nearby business and the church behind the parking
lot.
Councilmember Thune asked for a two week lay over so the District Council could review
the request.
Councilmember Maccabee said if there were an agreement in writing for shared parking,
the District Council would be agreeable to the license.
Councilmember Thune moved to lay over the item 2 weeks.
Roll Call Yeas - 7 Nays - 0
Continued Public Hearing until July 29th.
46. Resolution - 93-831 - approving an application for an On Sale wne and On Sale Strong
Beer License by �corp Restaurant, Inc. dba Baker's Square Restaurant & Bakery at 917
Grand Avenue.
No one appeared in opposition.
(See discussion with above item)
., Councilmember Thune moved to !ay over 2 weeks
- Laid over until June 29th.
� �
47�Public Hearing to consider a request by St. Paul-Ramsey Medical Center to rezone property
:: from RM-2(residential) to B-5 (commercial) to allow hospital expansion at 640 Jackson
�� Street.
�. No one appeared in opposition.
��: :Kady Dadlez, Planning & Economic Development reviewed the staff report and said the
recommendation was to rezone the property to B-5.
Councilmembers agreed there was no need for this item to be referred to Committee and
that a site plan was still optional.
David Fortneau, Senior Vice President of St. Paul Ramsey Medical Center said there was
a need for the B-5 rezoning and reviewed the plans for the expansion of the Center.
Councilmember Thune moved to close the Public Hearing.
Roll Call Yeas - 7 Nays - 0
Motion of intent adopted Yeas - 7 Nays - 0
Councilmember Guerin left the meeting and returned later.
� .
338
June 15, 1993
48. Resolution - 93-832 - approving the vacation by Patricia M. Krezowski of part of Highland
-:� Park� lying between Shelby Place, Edgcumbe Road and W. 7th Street at 1910 Edgcumbe
. Avenue. (Public Works Committee recommends approval)
No one appeared in opposition.
Councilmember Long moved approval.
Adopted Yeas - 6 Nays - 0
Councilmember Guerin returned to the meeting at this point.
MISCELLANEOUS:
49. Resolution - 93-833 - recognizing Orrin A. and Antonia E. (Drahosh) Nystrom on the
occasion of their 50th Wedding Anniversary.
Councilmember Thune recognized the Nystrom's on their anniversary and hoped they were
watching on television.
Councilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
, 50: �(see discussion earlier in the meeting)
51. Resolution - 93-754 - approving special legislation for the City of Saint Paul and declaring
-�'an intent to enact the 1/2 cent sales tax. (Amended and laid over from June 8th)
Council President Wilson reviewed the process for the Public Nearings and clarified the
differences between this intent resolution and the resolution to actually enact the tax.
Pam Wheelock, Budget Director passed out a substitute resolution showing the dates for
Public Hearings.
Councilmember Long stated Citizens would be able to testify .at four public hearings, finro
would be held in the community and two at City Council meetings. The dates of the Public
Hearings are: June 21st 7:00 P.M, at the Martin Luther King Center; June 28th 7:00 at the
Merrick Community Center; June 24th 5:00 P.M. at the City Council Meeting; and June 29th
at the 9:00 A.M. City Council Meeting.
Ken Peterson, PED staff and James Bellus, Bond Council representative answered
questions of Councilmembers.
Jerry Isaacs spoke against the sales tax increase and said the voters should be able to vote
�. on this issue.
� Mary Jane Rachner said she is against the sales tax and said the City has other ways to
`� save money.
Fred Sande said no one wants the increased tax and said the People of Saint Paul should
be able to vote on the increase.
David Rosenwasser, Director of the Civic Center spoke in favor of the sales tax.
Council President �Ison said because of the lateness of the meeting and because this was
not a Public Hearing, further testimony would be taken at one of the four public hearings
scheduled. He asked if there was anyone who could not come back for another meeting
and said they would accept their testimony today.
(Discussion continued on following page)
339
June 15, 1993
-� (Discussion continued from previous page)
'= After further discussion, Councilmember Long moved approval of the substitute resolution.
. Adopted Yeas - 5 Nays - 2(Guerin, Rettman)
52. Resolution - 93-783 - approving the enactment of the 1/2 cent sales tax. (Laid over from
June 8th) o
(see discussion with above item)
Councilmember Long moved to lay over this item untii the June 29th Public Hearing date.
Roli Call Yeas - 7 Nays - 0
Laid over until June 29th.
Councilmember Guerin left the meeting and returned after discussion of the following item.
ADDITIONAL ITEM:
1. Resolution - 93-736 - accepting the bid of Piper Jaffray, Dougherty Dawkins, Strand &
Biglow and Miiler & Schroeder Financial to purchase $11,665,000 Water Revenue Refunding
Bonds, Series 1993E. (Adopted motion of intent June 10th - continued until June 15th)
Pam Wheetock, Budget Director reviewed the staff report.
Councilmember Rettman congratulated the staff's work and moved approval.
Adopted Yeas - 6 Nays - 0
-.Councilmember Maccabee moved to suspend the rules to introduce the following
resolution.
Adopted Yeas - 7 Nays - 0
� Resolution - 93-859 - approving the City holding Dayton's Energy Park, Towle Reality,
Energy Technologic Center and CB Commercial harmless and defend any claims brought
against Dayton's and Ramsey County for use of parking space during the Saints home
games.
Howard Bell, Planning & Economic Development staff reviewed the staff report as amended.
Councilmember Maccabee moved approval of the amended resolution.
Adopted Yeas - 7 Nays - 0
•�.
340
June 15, 1993
:�. Counciimember Thune moved to adjourn the meeting.
_ Adopted Yeas - 7 Nays - 0
ADJOURNED AT 11: 50 A.M.
. � � �
ATT ST:
���� ,��� a� ouncil Pre ' nt, �Iliam Wilson
Minutes approved by Council
Assistant City Clerk, Frances Swanson
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