Minutes 03-25-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL
Thursday, March 25, 1993
5:00 P.M. Council Chambers
Third Floor City Hall and Court House
Saint Paul, Minnesota
The meeting was called to order by President Wilson at 5:00 P.M.
Present - 7- Councilmembers Grimm, Guerin, Long, Maccabee, Rettman, Thune, Wilson
Absent - 0 -
ADDITIONAL ITEM:
1. Resolution - 93-308 - amending the 1992 Capital Improvement Program by transferring
spending & financing from the various projects with Municipal State Aid balances to the
Selby Avenue Bridge Project. (Laid over from March 23rd)
Councilmember Maccabee spoke in support of the amended budget resolution and
moved adoption.
Councilmember Long raised questions regarding fund balances on other projects.
Art Werthauser, Public Works Department responded to questions regarding fund
balances.
Councilmember Long asked the Public Works Department to develop a list of all
excessive project money in contingency since 1986.
Councilmembers discussed current efforts by the Finance Committee to develop a policy
for reallocating excess project funds in contingency.
Councilmember Maccabee renewed her motion for approval.
Adopted Yeas - 7 Nays - 0
Councilmember Thune moved to recall C.F. 93-312 from the Finance Committee.
Resolution - 93-312 - addition to C. F. 93-293 adopted by Council on March 11, 1993 to
include additional provisions regarding enactment of the half cent sales tax.
Councilmembers Thune and Rettman reviewed the Finance Committee's proposed
amendments.
Councilmember Maccabee asked that an additional amendment be made to delete the
last sentence of the resolution.
Councilmember Thune moved approval as amended by the Finance Committee and
- during the Council's discussion.
- Councilmember Guerin spoke in opposition.
Adopted Yeas - 4 Nays - 3(Guerin, Long, Wilson)
Councilmembers Thune and Rettman moved approval of the Consent Agenda as
amended.
Adopted Yeas - 7 Nays - 0
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March 25, 1993
COIdSENT AGENDA
FOR ACTION
1. Claims of Donald F. Burgoyne, Daniel S. Comell, Tammy K. Eklund, Nolan Johnson,
Barbara Moudry, Schway & Chase (Linden McKinney), Ruth A. Silva, and Julie Ann
Thoemke.
�: Filed with the City Attorney's Office.
2. .. Summons and Complaint in the Matter of Darlene Joy Bergquist vs the City of Saint Paul
et al.
Filed with the City Attorney's Office.
3. Summons and Complaint in the Matter of Waby Construction Inc. vs the Ciry of Saint Paul
et al.
Filed w�h the City Attorney's Office.
4. Letter from the Department of Planning, Zoning Division setting a date of Public Hearing for
April 13, 1993 in the matter of rezoning property at 121 Manitoba Avenue, North End
= Medical Center, applicant.
5. Resolution - 93-374 - approving payment of $2,510.38 from the Tort Liability Fund to Jim
Crotty in payment of his claim. ' � .
Adopted Yeas - 7 Nays - 0
COMMITTEE REFERRAL:
6. First Reading - 93-375 - An Ordinance amending Chapter 107 of the Administrative Code
pertaining to the Planning Commission. (Finance)
Referred to the Fnance Committee.
7. Resolution - 93-376 - authorizing the City to apply for and receive 1993 Community
Development Block Grant (CDBG) Funds. (Housing 8� Economic Development)
Referred to the Housing & Economic Development Committee.
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ORDINANCES
8. Final Adoption - 93-279 - An interim ordinance amending Seetion 60.201 of the Legislative
Code providing an inte�m zoning regulation pertaining to Adult Bookstores pending the
outcome of a study of the City's Regulatory Ordinances relating to the adult bookstores and
zoning classification and districts being done by the Planning Commission. (For Action -
Public Hearing held March 18th)
Councilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
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March 25, 1993
9. Final Adoption - 93-280 - An Ordinance amending Chapter 60 of the Legislative Code
regarding the rezoning of 118 Frorrt Avenue from RT-1 to P-1. (For Action - Public Hearing
held March 18th)
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
10. Final Adoption - 93-281 - An Ordinance amending Chapter 60 of the Legislative Code
regarding the rezoning of a portion of 1215 N. Dale Street from B-3 to R-3. (For Action -
Public Hearing held March 18th)
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
COMMITTEE REPORTS:
11. First Reading - 93-377 - An Ordinance to amend Section 364 of the Legislative Code relating
to window cleaning. (Human Services, Health & Business Regulations recommended
approval -originated in Committee)
Laid over until April 1 st for Second Reading.
12. First Reading - 93-378 - An Ordinance to repeal Chapter 319 of the Legislative Code relating
to bill posters. (Human Services, Health & Business Regulations recommended approval -
originated in Committee)
Laid over until April 1 st .for� Seco�d Reading.
13. First Reading - 93-379 - An Ordinance to repeal Chapter 190 of the Legislative Code relating
to truck and wagon scales and registration of weighers. (Human Services, Heafth &
Business Regulations recommended approval - originated in Committee)
Laid over until April 1 st for Second Reading.
PUBLIC HEARINGS:
28. Public Hearing to consider the request of Ramsey Hill Association to granting of a special
condition use permit to allow an addition to St. Paul's Church Home at 484 Ashland
Avenue.
.Councilmember �Ison summarized �he issue before the Council and said that the final site
, plan has not been reviewed by the Planning Commission or the Planning and Economic
Development Department. He said this was an important piece of information that may
have affected the Planning Commission's decision and recommended that the item be laid
over until a final site plan is submitted and reviewed by the Planning Commission.
Larry Soderholm, Planning & Economic Developmerrt said that a 45 day lay over would be
needed to allow for the site plan review.
After further discussion about the site plan and the review period, Councilmember Long
moved a lay over to June 17th.
Roll Call Yeas - 7 Nays - 0 �.
Laid over until June 17, 1993. �
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March 25, 1993
27. Public Hearing to consider the appeal of the Historic Irvine Park Association to granting of
- �a special condition use permit to allow a bed and breakfast with four guest rooms at 284
�S. Exchange Street. (Public Hearing laid over from March 11, 1993)
$� Councilmember Thune excused himself from the discussion, due to a financial conflict.
�(See discussion during March 11, 1993 Council meeting)
Kady Dadlez, Zoning Division gave a brief staff report. .
�° Councilmember Maccabee left during the discussion of this item and returned later.
Councilmember Guerin spoke in support of the Historic Irvine Park Association appeal due
" to the lack of parking and moved to close the Public Hearing.
� Motion of Intent Adopted Yeas - 5 Nays - 0
Councilmember Long and Council President �Ison expressed concern that the
establishment appeared to be a commercial operation.
Councilmember Maccabee returned at this point in the meeting.
Jerry Segal, Assistant City Attorney, reviewed the process for making a decision and the
need to incorporate grounds for the approval of the appeal.
Councilmember Guerin outlined reasons for upholding the appeal and moved approval.
Appeal upheld Yeas - 6 Nays - 0
� Councilmember Thune returned to the meeting.
14. Frst Reading - 93-380 - An Ordinance creating a new chapt�r of the Administrative Code
by establishing a citizen-police review board. (For Action)
Councilmember Rettman questioned why this item was on today's agenda and moved to
- refer the item to Committee.
Council President wlson clar'�'ied the process for scheduling this item.
Councilmember Long noted that the concept of civilian review, not the specific resolution
had already been discussed in committee and felt that due to the controversial nature, the
resolution should be discussed by the full Council.
A gentlemen from 656 Ashland Avenue spoke in support of establishing a Civilian Review
Board and expressed concerns that Police Department Officers target African American
teenagers for surveillance and monitoring.
Councilmember Thune left and returned during the following individuals testimony.
Paul Tidemann, Pastor of the Saint Paul-Reformation Lutheran Church, 100 N. Oxford Street
and President of the Summit University Clergy Council summarized his involvement with a
task force appointed by Mayor Latimer in 1987 that reviewed this issue and spoke in
support of establishing a Civilian Review Board as a vehicle for improving communication
between citizens and the Police Department.
James Battle, Sr. Pastor of Mt. Olivet Baptist Church, 451 W. Central Avenue spoke in
support of the compromise recommended by Mayor Schiebel. He noted altercations
members of his family had with the Police Department as justification for establishing this
Civilian Review Board.
(Discussion continued on following page)
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March 25, 1993
(Discussion continued from previous page)
Tom Duke, Executive Director of the Saint Paul Council of Churches, 1671 Summit Avenue
that his Board had passed a resolution supporting a avilian Review Board.
Rich Niewmeister, spoke in support of establishing a Civilian Review Board and highlighted
the number of arrests that occurred but were not charged.
William Roth, Presiderrt of the Minnesota Civil Liberties Union, 1021 W. Broadway spoke in
support of the Civilian Review Board and reviewed statistics and evidence to support his
position.
Councilmember Guerin left and returned during Mr. Roth's testimony.
Councilmember Long left and returned later in the meeting.
Councilmember Maccabee asked if Mr. Roth had evidence to support abuse by Saint Paul
Police Officers and received an affirmative response.
Councilmember Thune raised concerns about Mr. Roth's testimony regarding the suspects
involved in the Hmong New Year's Celebration at the Saint Paul Civic Center.
Councilmember Rettman left during Mr. Roth's testimony and returned later..
Councilmembers Thune and Maccabee left and returned later in the meeting.
Councilmember Rettman returned during the following individual's testimony.
Wayne Whitman, 1498 Fremont, Chairperson of the Police Priorities Task Force for the 90's,
reviewed his involvement with communiiy policing and said the Task Force will be reserving
comments and that he was in attendance today to hear public views.
Reverend David Stewart said the issue is there is a need for building trust between the
community and the Police and spoke in support of establishing a Civilian Review Board.
� Councilmember Long returned during Mr. Stewact's �testimony.
Dan Vanelli, 66 E. 9th Street, a representative of the Saint Paul Police Federation and Ann
Walters an attorney representing the Minneapolis Police Federation spoke in opposition to
#he establishment of a Civilian Review Board and highlighted problems with the Minneapolis
Civilian Review Board.
Councilmember Maccabee returned at this point in the meeting.
Mr. Vanelli cited a decline in arrests in Minneapolis following establishment of the Civilian
Review Board and highlighted the cost of the Board in Minneapolis.
Councilmember Maccabee asked questions regarding the financial and citation figures.
Council President Wilson summarized the differences between the Minneapolis and Saint
Paul Civilian Review Boards.
Councilmember Guerin questioned the viability of the Board due to political appointees.
Councilmember Maccabee raised concern about the cost and effects on Police er�forcement
if a Civilian Review Board is established.
Councilmember Long spoke in support of a Civilian Review Board and noting the Police
Chief's support for the compromise.
Councilmember Guerin moved to withdraw the ordinance.
Council President Wilson said the move to refer the item to Committee took precedence.
Daryl Olson, Lt. in the Communications Center of the Saint Paul Police Department raised
concerns about the impact of establishing a Civilian Review Board on police officers actions
in the community.
(Discussion continued on following page)
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March 25, 1993
(Discussion continued from previous page)
-� Wilfred Jerkus, a retired police officer, spoke in opposition to creating the Board and noted
the importance in recruitment of competent police officers for building community trust.
� Councilmember Long left and returned during Mr. Jerkus's testimony.
Councilmember Thune moved to refer the resolution to the Intergovernmental Relations
Committee.
- Extensive discussion ensued among Councilmembers on the pros and cons of establishing
a Board and whether it should be referred to Committee.
Councilmember Thune renewed his motion to refer the resolution to Committee.
Roll Call Yeas - 6 Nays - 1(Long)
Council President Wilson left the meeting and returned later.
15. Third Reading - 93-335 - An Ordinance amending Chapter 34 of the Legislative Code
pertaining to minimum health standards and adding provisions relating to commercial,
industrial and institutional uses. (Neighborhood Services Committee recommends approval)
Councilmember Maccabee distributed copies of new language for Ch. 34.36 which is
�needed to correct the numbering in the ordinance.
Councilmember Maccabee reviewed an amendment and moved approval.
Roll Call Yeas - 6 Nays - 0
Third Reading laid over until April 1 st.
16. Third Reading - 93-140 = An Ordi�ance amending Chapter �4.35 of the Legislative Code
encouraging businesses to make their premises as safe as possible by incorporating
concepts for crime prevention through environmental design. (Human Senrices, Health and
Business Regulations Committee recommends approval as amended - Public Hearing
continued from March 18th)
Councilmember Thune leaves, Council President �Ison returns, Councilmember Long
leaves and returns during the discussion. Councilmember Guerin leaves and returns and
Councilmember Rettman moved lay over of the Third Reading for one week.
Roll Call Yeas - 6 Nays - 0
Third Reading laid over until April Ist.
17. Resolution - 93-339 - approving an application for an On Sale Liquor-A, Sunday On Sale
Liquor, Restaurarrt-D and Entertainmerrt III License by Chi-Chi's Midwest Inc. dba Chi-Chi's
Mexican Restaurarrt at 389 N. Hamline Avenue. (Public Hearing laid over from March 16th)
No one appeared in opposition.
Councilmember Long moves approval.
Adopted Yeas - 6 Nays - 0
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March 25, 1993
18. Resolution - 93-381 - approving an application for an On Sale 3.2 Malt, Restaurant - C,
Laundry/DC Plant and 2 Mechanical Amusement Device Licenses by Three Lakes
Development Umited Partnership II dba Duds N Suds at 608 W. University Avenue.
Christine Rozek, License Department requests that it be withdrawn as it is within 200' of a
school.
Phil Atkins, representative of Duds & Suds said the school is an adult learning center.
Councilmember Long moved a one week lay over to determine if that is a school.
Roll Call Yeas - 6 Nays - 0
Laid over until April Ist.
19. Resolution - 93-382 - approving an application for a new Class C Gambling Location
License by Drinks, Inc. dba Pebble's at 880 E. 7th Street.
No one appeared in opposition.
Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 0
20. Resolution - 93-383 - approving an application for a new State Class B Gambling Premise
Permit by Pebble's at 880 E. 7th Street.
No one appeared in opposition.
Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 0
21. Resolution - 93-384 - approving an application for a new Gambling Manager's License by
Lee J. Hoffman dba Multiple Sclerosis Society at Pebble's, 880 E. 7th Street.
No one appeared in opposition.
Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 0
22. Resolution - 93-385 - approving an application for a Second Hand Dealer Motor Vehicle &
General Repair Garage License by Yng Vang dba Xieng Khouang Auto Sales at 900 W.
University Avenue.
No one appeared in opposition.
Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 0
23. Resolution - 93-386 - ordering the owner to remove or repair the building at 1019 Matilda
;_Street. within 15 days from the adoption and publication. (Neighborhood Services
Committee recommends approval)
: No one appeared in opposition.
Councilmembers Long and Guerin moved approval.
Adopted Yeas - 6 Nays - 0
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March 25, 1993
24. Resolution - 93-387 - ordering the owner to remove or repair the building at 1024 Matilda
- Street within 15 days from the adoption and publication. (Neighborhood Services Committee
recommends approval)
No one appeared in opposition.
Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 0
° Councilmember Long left the meeting at this point and did not return.
25. Resolution - 93-388 - ordering the owner to remove or repair the building at 713 Butternut
Avenue within 15 days from the adoption and publication. (Neighborhood Services
Committee recommends approval)
No one appears in opposition.
Councilmember Guerin moved approval.
Adopted Yeas - 5 Nays - 0
26. Public Hearing to consider the Appeal to a Vehicle Abatement Order by Steve M. Evans for
property at 742 Capitol Heights. (Neighborhood Services Committee recommends denial
of the appeal with removal within 24 hours after adoption and publication of a resolution)
No one appeared in opposition.
Councilmember Guerin moved denial of the appeal.
- Denied Yeas - 5 Nays - 0
27. (Discussion before item 15)
Councilmember Guerin moved to suspend the rules to introduce the following resolution.
Adopted Yeas - 5 Nays - 0
Resolution - 93-315 - amending the 1993 Budget of the Police Department to finance the
Saint Paul Police Bike Patrol program to further the efforts of the Police F.O.R.C.E. program.
Councilmember Guerin moved to refer the item to the Finance Committee.
Roll Call Yeas - 5 Nays - 0
Referred to the Finance Committee.
Councilmember Guerin moved to adjourn the meeting.
Adopted Yeas - 5 Nays - 0
UFiN€,� /�T 7:30 P.M.
ATTEST:
-- _ � , �`,_
ou�r residerrt, William Wilson
," .
� Minutes approved by Council
City Clerk Molly O'R rke - -
O:dmb ����r�.P �;� f / 9�,3
�
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