Minutes 02-11-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL
Thursday, February 11, 1993
5:00 P.M. Councii Chambers
Third Floor City Hall and Court House
Saint Paul, Minneso#a
The meeting was calied to order by President Wilson at 5:00 P.M.
Present - 4- Councilmembers Guerin, Rettman, Thune, Wilson
Absent - 3- Councilmembers Maccabee (excused vacation), Grimm, Long (arrived later
in the meeting)
Councilmember Guerin requested that item # 7 be referred to the Public Works
Committee. Councilmember Rettman expiained that the PED Department had already
begun the study and the resolution would clarify the Council's interest in the resuits of the
study.
Following a brief discussion of the study, Councilmember Thune moved approval of the
Consent Agenda as amended.
Adopted Yeas - 4 Nays - 0
CONSENT AGENDA
FOR ACTION
1. Approval of the City Council minutes of the January 7, 1993 meeting.
Adopted Yeas - 4 Nays - 0 �
2. Claims of Robert J. Clemens, Scott Gallahue, Lee Jasinski and George H. Werl, Jr.
Referred to City Attorney's Office.
3. Summons and Complaint in the Matter of Donald A. Casura vs the City of Saint Paul.
Referred to City Attorney's Office.
4. Summons and Complaint in the Matter of John F. Langteau vs the City of Saint Paul et al.
� Referred to City Attorney's Office.
5. Letter of the City Attorney's Office announcing a date of Public Hearing of March 2, 1993
before an Administrative Law Judge pertaining to possible adverse action against licenses
held by Division Three Inc. dba Mangini's Restaurant at 1177 Clarence Street. (Laid over
from February 4th) cc# 13705
6. Resolution - 93-153 - approving organizations to the 1993 10% Eligible Recipients List
(Charitable Gambling).
Adopted Yeas - 4 Nays - 0
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February 11, 1993
7. Resolution - 93-154 - directing a study of the City's Comprehensive Plan & Zoning
Regulation to address locations of cellular phone antennas and towers.
Referred to the Public Works Committee.
8. Resolution Approving Assessment - 93-155 - In the Matter of sidewalk construction and/or
reconstruction of both sides of Forest Street from E. Rose to E. Maryland, the north side
of E. Hoyt Avenue from N. Hazel to N. Ruth, both sides of E. Jessamine Avenue from Earl
to Frank, both sides of E. Magnolia Avenue from Cypress to Earl, both sides of E. Rose
Avenue from Walsh to Weide, both sides of Sherwood Avenue from N. Ruth to Winthrop
� and the east side of N. White Bear Avenue from E. Arlington to E. Nevada and setting date
of Public Hearing for April 13, 1993.
Adopted Yeas - 4 Nays - 0
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Councilmembers Grimm and Long arrived at this time in the meeting.
23. Resolution - 93-162 - suspending all licenses held by J& L Liquors Inc. dba Trend Bar at
1537 University Avenue. (Uncontested)
Phil Byrne, Assistant City Attorney reviewed the police report and the staff recommendation
of suspending all licenses held by J& L Liquors Inc.
John Daubney, Attorney for the licensee requested a lower penalty because it was not the
owners intent to encourage the general pubtic to consume alcohol prior to the bar's
opening. Mr. Daubney explained the circumstances that lead up to the violation.
Councilmembers asked questions of Mr. Byrne, Terry Sullivan, Assistant City Attorney and
Mr. Daubney regarding the past violations and their relevance to this violation.
Councitmembers Rettman and Thune moved to close the Public Hearing.
Adopted Yeas - 6 Nays - 0
� After much discussion regarding the similar pattern of the current and one past violation,
Councilmember Guerin moved suspension of the license for six days in accordance with
the matrix and the License Division recommendation.
Adopted Yeas - 6 Nays - 0
Adopted 6-0 (6 days suspended license)
Councilmember Rettman introduced a group of Boy Scouts in attendance at the Council
meeting to earn Boy Scout merit badges.
ORDINANCES
9. Final Adoption - 91-1055 - An ordinance amending Chapter 28 of the Legislative Code
entitled "Campaign Contributions" by providing for a definition of the phrases "election year"
and "non-election year" and further providing for campaign contributions limitations in those
years. (Public Hearing held February 4th)
(Discussion on the following page)
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February 11, 1993
(Continued from previous page)
Counciimember Guerin requested it be laid over to allow time to bring in amended language
to lower the proposed limits.
Councifinember Long reviewed the history of this issue and urged the Council to vote it up
or down today.
Councilmember Rettman expressed concern that the Council did not have a final copy of
the Financing Task Force's report and that the Committee had not reviewed the proposed
amendment. `
Council President Wilson outlined his discussion with Alan Weinblatt, Chairman of the Task
� Force and offered to introduce the report at next week's Council meeting.
After much discussion regarding the role of the Task Force,the proposals in the report, the
effect of the recommendations in the amendments before the Council and the timing of
Council action, Councilmember Guerin moved an indefinite layover.
Adopted Yeas - 4 Nays - 2(Long, Thune)
Laid over indefinitely.
10. Final Adoption - 92-1798 - An ordinance amending Ordinance 13534 approved January 31,
1967 pertaining to One-Way Streets by designating Linwood Avenue from �ctoria to Milton
as a one way westbound street. (Public Works Committee recommends approval - Public
Hearing held February 4th)
Councitmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
11. Final Adoption - 92-1885 - An ordinance granting permission to Bethesda Lutheran Hospital,
559 Capitol Blvd. and/or their successors in interest to install and maintain a sign in the
boulevard on the west side of Capitol Boulevard at Charles Avenue. (Public Works
� Committee recommends approval - Public Hearing held February 4th) `
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
12. �rst Reading - 93-156 - An interim ordinance preserving the status quo with respect to the
use of properly within the City of Saint Paul, pending the completion of studies of possible
amendments to the City's Comprehensive Plan and Regulatory ordinances relating to the
construction of towers and ancillary installations for the transmission of cellular phone
messages.
Councilmember Thune moved to refer the ordinance to the Public Works Committee with
the readings to continue.
Roll Call Yeas - 6 Nays - 0
Referred to Public Works Committee with readings to continue.
Laid over to February 18th for Second Reading.
Councilmember Long left the meeting and returned later in the meeting.
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' February 11, 1993
COMMITTEE REPORT:
13. Resolution - 93-157 - establishing a policy for the installation of all-way stop sign control at
roadway intersections. (Public Works Committee recommends approval - originated in
Committee - to be laid over one week for adoption)
Councilmember Rettman requested that the maps be amended to include the Maryland and
Grotto intersection due to a recent accident at tha# location.
Jim Stanke, Public Works Department requested a two week lay over to have the City
Attorney review the amended language.
Councilmember Thune reviewed the benefits of the new policy and summarized past efforts
to develop a stopsign policy.
After further discussion, Councilmember Thune moved a two week lay over.
Roll Call Yeas - 5 Nays - 0
Laid over until February 25th.
PUBLIC HEARINGS:
° 14. Final Order - 93-22 - In the Matter of acquisition of a permanent easement to open, widen
and extend Grace Street and Western Avenue in conjunction with the Palace/Toronto CSSP
Project. (Public Works Committee recommends approval - laid over from January 12th)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 5 Nays - 0
15. Final Order - 93-23 - In the Matter of improving the intersection of Palace Avenue and
Colborne Street by taking and condemning part of Lot 16, Block 3, Stinson Brown and
Ramsey Addition. (Public Works Committee recommends approval - laid over from January
12th)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 5 Nays - 0
16. Resolution - 93-158 - approving an application for an On Sale Liquor, Sunday On Sale
Liquor, Entertainment III, Bowting Alley, 27 Additional Alleys and Restaurant D License by
Thompsen Inc. dba Hafner's at 1560 N.White Bear Avenue.
No one appeared in opposition.
• Don Hafner, owner of Hafner's for 37 years, introduced the new owners, urged the Council
to support them and thanked the Council for many years of support.
Mr. & Mrs. Thompson thanked the Council for their support.
Councilmember Grimm congratulated the new owners and moved approval.
Adopted Yeas - 5 Nays - 0
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February 11, 1993
17. Resolution - 93-159 - ordering the owner to remove or repair properly at 621 Kent Street
within 15 days after publication of the adopted resolution. (Neighborhood Services
Committee recommends approval)
No one appeared in opposition. s
Counciimember Guerin moved approval.
Adopted Yeas - 5 Nays - 0
18. Resolution - 93-160 - ordering the owner to remove or repair property at 772 Bush Avenue
within 15 days after publication of the adopted resolution. (Neighborhood Services
Committee recommends approval of amended resolution to 60 days after publication)
No one appeared in opposition.
Councilmember Guerin moved approval of the Committee amendments.
Adopted Yeas - 5 Nays - 0
19. Resolution - 93-161 - ordering the owner to remove or repair properry at 693 Case Avenue
within 15 days after publication of an adopted resolution unless a$2,000 bond is posted
and a code compliance inspection completed. (Neighborhood Services Committee
recommends approval as amended)
Councilmember Guerin said the bond has been secured, the code compliance inspection
has been completed and that the owners are in support of the 180 day deadline for
rehabilitation as recommended by the Committee.
No one appeared in opposition.
Councilmember Guerin moved approval as amended. �
Adopted Yeas - 5 Nays - 0
20. Public hearing to consider ordering the owner to remove or repair property at 1031 Park
y' Street within 15 days after publication of an adopted resolution. (Neighborhood Services
Committee recommends amending to 60 days)
Gerald Robinson, attorney for the owner's, spoke in support of the amendments
recommended by Committee.
Chuck Votel, Health Division responded to Councilmembers questions regarding the
schedule.
Councilmember Rettman asked that the 60 days start from today as the resolution could
take a while to appear on the agenda.
Councilmember Guerin moved approval of a motion to approve as amended by Committee
and Council.
Roll Call Yeas - 5 Nays - 0
Councilmember Long returned to the meeting.
Councilmember Guerin moved to suspend the rules to introduce the following resolution
which was submitted to the City Clerk after the agenda was drafted and distributed. ,
Adopted Yeas - 6 Nays - 0
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February 11, 1993
21. Resolution 93-178 - ordering the owner to remove or repair property at 767 Reaney Avenue
within 15 days after publication of an adopted resolution. (Neighborhood Services
Committee recommends approval)
No one appeared in opposition.
City Clerk O'Rourke said that a resolution had been received in the City Clerk's Office after
the agenda had been printed and distributed and said the rules would have to be
suspended to introduce the resolution for adoption.
Councilmember Guerin moved approval of the resolution.
Adopted Yeas - 6 Nays - 0
� 22. Resolution - 93-123 - approving an application for an On Sale Liquor, Sunday On Sale
Uquor, Restaurant D and Entertainment III License by Mady Corp., dba Chattanooga Music
Cafe at 1021 E. Bandana Blvd. (Public Hearing laid over from February 4th)
Frank Staffenson, Environmental Health Department said the restaurant and bar area are
not ready and approval should only be given upon conditions that the rehabilitation is
completed.
Councilmember Rettman questioned Mr. Staffenson and Mr. Byrne, Assistant City Attorney
regarding the Council's options in this matter.
Sam Stern, Attorney for the licensee said they agreed to the stipulation to complete the
construction prior to opening.
After a brief discussion among Councilmembers, Councilmember Rettman moved approval
as amended.
Adopted Yeas - 6 Nays - 0
Councilmember Rettman left the meeting and returned later.
Councilmember Thune moved to suspend the rules to introduce the following resolution.
Adopted Yeas - 5 Nays - 0
' Resolution - 93-179 - authorizing the City to go to binding arbitration with the St. Paul
Classified Confidential Employees Association and approves the final positions on the issues
to be arbitrated.
Councilmember Thune moved approval.
Adopted Yeas - 5 Nays - 0
Council meeting was recessed at 6:00 P.M.
Council President reconvened the meeting at 6:05 P.M.
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February 11, 1993
ADDITIONAL ITEM:
1. Resolution - 92-1928 - designating a nonprofit entity to operate "Community Programming"
according to the agreement between the City and Continental Cablevision. (Public Works
Committee referred to Council without a recommendation - laid over from February 9th)
Councilmember Thune reviewed the Committee discussions and moved approval with Cable
Access Saint Paul (CASP) as the entity to deliver the services to Saint Paul with the
stipulation that language be drafted to include a one year performance contract.
Jerry Strathman, Council Research reviewed three substitute resolutions and explained the
conditions to be added.
Councilmember Long requested that the resolution be amended to require CASP to work
with an additional five neighborhood groups to assure citiien participation in choosing the
programming.
Councilmember Rettman spoke in favor of identifying 10 neighborhood groups.
Councilmember Guerin spoke in opposition to the selection of CASP. ,
Councilmembers Grimm and Wilson spoke in favor of selecting CASP and requiring
additional conditions in the contract regarding performance criteria and outreach efforts.
After further discussion, Councilmember Thune renewed his motion to adopt the resolution
as amended during the discussion.
Adopted Yeas - 5 Nays - 1(Guerin)
Jerry Strathman agreed to revise the resolution as outlined during the discussion.
Councilmembers noted the resolution could be reconsidered at the next meeting if there
were any problems with the language as drafted.
Councilmember Thune moved to adjourn the meeting.
Adopted Yeas - 6 Nays - 0
ADJOURNED AT 6:25 P.M.
.
, ATTEST: � .
�;, � �- Counci sident, Bill Wilson
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� - . , Minutes approved by Council
City Cler�C, I�lolly O'Rourke
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