Minutes 02-09-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL
Tuesday, February 9, 1993
9:00 A.M. Council Chambers
Third Floor City Hall and Court House
Saint Paui, Minnesota
The meeting was called to order by President Wilson at 9:05 A.M.
� Present - 5- Councilmembers Guerin, Long, Maccabee, Rettman, Thune
Absent - 2- Councilmembers Grimm, Wilson (ill, excused)
Councilmember Guerin noted that Administrative Order D-12312 should read Police rather
than Fire. City Clerk so noted and corrected same.
Councilmember Maccabee requested that item # 17 be removed from the Consent
Agenda and laid over one week. Councilmember Long moved reconsideration later in
the meeting and amended the language and moved adoption.
Councilmember Rettman requested that item # 18 be removed from the Consent Agenda
and referred to the Human Services, Health and Business Regulations Committee for
review.
Councilmember Rettman requested that item # 15 be removed from the Consent Agenda
and withdrawn. After discussion of the item it was agreed among Councilmembers to
refer the item to the Human Services Health and Business Regulation Committee.
. Councilmember Long moved approval of the Consent Agenda as amended.
Adopted Yeas - 5 Nays - 0
CONSENT AGENDA
FOR ACTION
1. Approval of City Council minutes from December 22, December 29, 1992, January 5,
January 7 (Closed Session).
Adopted Yeas - 5 Nays - 0
2. Claims of Terri Rae Giyan, Stacy Lee Henderson, William Frederick Hudalla, Nathan Hudalla
and Carolyn Johnson, Jerri LaFountaine, C. McKenna, Barbara M. Moudry, Karen Nordli,
Renee Taylor, and Carrie Wherland.
Referred to the City Attorney's Office.
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February 9, 1993
3. Summons and Complaint in the Matter of City and County Employees Credit Union vs the
City of Saint Paul et al. '
Referred to the City Attorney's Office.
4. Summons and Complaint in the Matter of Timm Gilkison vs the City of Saint Paul et al.
Referred to the City Attorney's Office.
5. Summons and Complaint in the Matter of Mai Choua Lee by her mother and natural
guardian, Sor Yang vs the City of Saint Paul.
Referred to the City Attorney's Office.
6. Administrative Orders D-12305 - thru D-12317 noted as on file in the City Clerk's O�ce.
7. Letter of the Ramsey County Department of Taxation transmitting application AT92-5907 for
reduction of assessed valuation of real estate at 630 Pierce Butler Route. (Finance
Department recommends approval) cc # 13702
8. Letter of the Ramsey County Department of Taxation transmitting application AT92-6181 for
reduction of assessed valuation of real estate at 310 Smith Avenue. (Finance Department
recommends approval) cc # 13703
9. Letter from the Division of Public Health declaring the following properties to be 'Nuisance
Buildings'" 675 Blair Avenue, 65 Lyton Place, 427 Mt. Ida Street and 675 Stryker Avenue.
(Note: for notification purposes only, public hearings will be scheduled at a later date, if
necessary) cc # 13704
1U: Letter from the Valuation Engineer recommending a date of Public Hearing for March 16,
1993 in the petition of R P and G Enterprises for the vacation of part of Wynne Avenue
between Aldine and �nston Streets.
11. Resolution - 93-99 - approving various Class 111 Licenses for the following: ABC Body Shop,
Jiffy Lube, West Side Booster Club/Joseph's, Cystic Fibrosis Foundation/Top Hat Lounge,
Acme Auto Parts Co. Inc., Lower East Side Football Assn./Video King, Cystic Fibrosis
Foundation/Maurer's Parkside, Crosstown Auto Inc., Bud & AI's Brake Service, West Side
y- Booster Club/Westsider Bar, Lower East Side Football Assn/Shenanigin's, Cystic Fibrosis
Foundation/Kelly Inn, Fraternal Order of Eagles Aerie #33, West Side Booster
Club�nner's Bar & Restaurant. (laid over from February 2nd for adoption)
Adopted Yeas - 5 Nays - 0
12. Resolution - 93-100 - approving various Class III Ucenses for the following: North Country •
Auto Parts, Broshear's Auto Sales Inc., Novick's Super Service, Superamerica Group Inc.
#4358, Lyle's Automotive, Superamerica Group Inc. (laid over from February 2nd for
adoption)
Adopted Yeas - 5 Nays - 0
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February 9, 1993
13. Resolution - 93-101 - approving various Class III Licenses for the following: City Walk
Ramp, M.F. Automotive, Gas Plus, Jeff's Auto Service, Snelling Auto Service Inc.� Quality
Miles Auto Repair, North Ramsey 500th Lions Club/Checker's Nite Club. (laid over from
February 2nd for adoption)
Adopted Yeas - 5 Nays - 0
14. Resolution - 93-102 - approving various Class III Licenses for the following: Whebbe's Auto
Service, MacQueen Equipment Inc., Gombolds Sporting Goods, Pipe-Line Oil Co., Charlie's,
Firestone Store, Brightbill Auto Service Inc. Children's Heart Fund/Triviski's, Children's Heart
Fund/P.K.'s Pub. (laid over from February 2nd for adoption)
Adopted Yeas - 5 Nays - 0
15. Resolution - 93-125 - approving organizations eligible for the 1993 10% Eligible Recipients
List. (Charitable Gambling)
Referred to Human Services, Health and Business Regulation Committee.
. 16. Resolution - 93-126 - approving payment of $6,534.93 from the Tort Liability Fund to
American Family Insurance Group (Olga Marie Soliz) in payment of their claim.
Adopted Yeas - 5 Nays - 0
17. Resolution - 93-127 - supporting State Legislation establish the Twin Cities Business Initiative
Fund.
laid over until February 16th.
Reconsidered and Adopted as amended Yeas - 5 Nays - 0
18. Resolution - 93-128 - approving a contract for a regulatory study regarding existing
franchise in accordance with Appendix K Section .11 of the Legislative Code.
Referred to Human Seroices, Health and Business Regulations Committee.
19. Resolution - 93-129 - approving Implementation of Activities as part of the 4th Cycle Urban
Revitalization Action Program (Sherburne Initiative - Thomas-Dale District 7 Planning
Counci�)
Adopted Yeas - 5 Nays - 0
20. Resolution - 93-130 - amending the 1993 budget by adding $640,000 to the Job Creation
, & Training Budget for services to UNISYS dislocated workers program.
Adopted Yeas - 5 Nays - 0
21. Resolution - 93-94 - Suspending licenses held by Thomas Uquors at 1941 Grand Avenue
for a period of three consecutive days with all three days of the suspension being stayed
for a period of 18 months upon conditions of the payment of a$500 fine. (Public Hearing
held
January 26, 1993)
Adopted Yeas - 5 Nays - 0
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February 9, 1993
22. Resolution - 93-131 - denying the appeal of Tom Dimond regarding the decision of the
Heritage Preservation Commission granting a demolition permit for a structure at 736 E. 4th
Street. (Public Hearing heid January 14, 1993)
Adopted Yeas • 5 Nays - 0
23. Resolution - 93-132 - approving the appeal of District 2 Community Council to a decision
of the Planning Commission's decision to allow a day care sign in the front yard of property
at 1279 Etna Street. (Pubiic Hearing held January 21, 1993)
Adopted Yeas - 5 Nays - 0
24. Resolution Approving Assessment - 93-133 - In the Matter of the Lowertown Streetscape
Extension Projects and setting date of Public Hearing for March 16, 1993.
Adopted Yeas - 5 Nays - 0
25. Resolution Approving Assessment - 93-134 - In the Matter of sidewalk reconstruction on the
north side of James Avenue from Daly to Osceola and setting date of Pubiic Hearing for
March 30, 1993.
Adopted Yeas - 5 Nays - 0
26. Resolution Approving Assessment - 93-135 - In the Matter of sidewalk reconstruction on
both sides of east Nebraska Avenue from Payne to Greenbrisr and both sides of Sherwood
Avenue from Walsh to Arcade and setting date of Public Hearing for March 30, 1993.
Adopted Yeas - 5 Nays - 0
27. Preliminary Order - 93-136 - In the Matter of acquiring temporary easements for public utility
purposes over, under and across the following area: north 10 feet of lots 1 thru 5, block 3,
<;� Winslow's Addition and the north 10 feet of Block 5, Bernhemer's Addition in conjunction
with the Goodrich/Smith Storm Sewer Project and setting date of Public Hearing for March
23, 1993.
Adopted Yeas - 5 Nays - 0
28. Preliminary Order - 93-137 - In the Matter of acquiring property for the Flood Control Project
Stage 3 and setting date of Public Hearing for March 30, 1993.
Adopted Yeas - 5 Nays - 0
COMMITTEE REFERRAL:
29. Resolution - 93 -138 - establishing "No Parking II:00 A.M. - 1:00 A.M. seven days a week
except by permit on the east side of Avon Street from Grand Avenue to the alley south of
Grand Avenue. (Public Works)
Referred to Public Works Committee.
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February 9, 1993
30. Resolution - 93-139 - amending the budget�by transferring spending and financing from the
1990 Major Sewer Repair project and adding additional spending and financing of $151,060
to the 1991 Seventh/Kellogg CSSP Projeet. (Public Works)
Referred to Public Works Committee.
ORDINANCES
31. First Reading - 93-140 - An ordinance improving safety and security at commercial
establishments. (Human Senrices, Health and Business Regulations)
Acting Council President Rettman stated that this was a companion ordinance to the
ordinance in Neighborhood Services Committee. Both ordinance should follow the same
timelines ad agendas as be published together.
, Referred to Human Services, Health and Business Regulations Committee.
32. Final Adoption - 92-1929 - An ordinance to amend the presumptive penalties provided for
intoxicating and nonintoxicating liquor licenses in Section 409.26 of the Legislative Code.
(Public Hearing held February 2, 1993)
Councilmember Long moved approval.
Adopted Yeas - 4 Nays -1 (Maccabee)
COMMITTEE REPORTS:
33. Resolution - 92-1788 - approving the creation of a new classification entitled "Crime
Prevention Coordinator" in Grade 11 of the Profession Standard Salary Ranges. (Finance
Committee recommends approval as amended - laid over from February 2nd)
Councilmember Guerin moved approval as amended in the Finance Committee.
Adopted Yeas - 5 Nays - 0
34. Resolution - 92-1925 - encouraging the Minnesota Legislature to allow hospitality industry
to offer patrons video gambling through a state-regulated, privately owned and operated
system. (Human Services, Health and Business Regulation Committee recommends
, approval as amended)
Much discussion ensued among Councilmembers regarding video gambling in Saint Paul.
Councilmember Guerin said gambling is not new in Minnesota, there already is Pull Tabs
and that the City needs to be competitive with surrounding cities and Casino Gambling
throughout the state.
Councilmember Maccabee said she is against any more gambling in the City and said the
Council is sending the wrong message to the City by approving this resolution.
After further discussion, Councilmember Thune amended the final language and moved
approval.
Adopted Yeas - 4 Nays - 1(Maccabee)
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February 9, 1993
PUBLIC HEARINGS:
35. Resolution - 93-141 - approving an appiication for an On Sale Liquor, Sunday On Sale
Liquor, Restaurant-D and Entertainment I License by Krislyn Inc. dba Awada's at 199 E.
Plato Bivd.
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 5 Nays - 0
Councilmember Long left the meeting and returned later.
36. Final Order - 93-142 - In the Matter of construction of the Crosby Outlet Storm Sewer
Project Area located west of I-35E, north of the Mississippi River, south of Shepard Road
and east of Crosby Lake Road. (Public Works Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval. �
Adopted Yeas - 4 Nays - 0
Councilmember Maccabee left the meeting and returned during discussion of the following
items.
Councilmember Long returned.
37. Final Order - 93-143 - In the Matter of condemning and taking a permanent easement for
public utility purposes in conjunetion with the Minnehaha/Ruth Area Storm Sewer
Separation Project. (Public Works Committee recommends approval)
=� No one appeared in opposition.
Councilmember Rettman questioned the financing of this project and stated that Sewer
Revenue Bonds could be used for Street Paving Projects only where sewer pipes are put
in.
Tom Kuhfeld, Public Works Department reviewed the process and source of the funding for
street paving projects.
After further discussion, it was agreed to and moved by Councilmember Maccabee to lay
over the adoption for one week in order to identify the funding source.
Roll Call Yeas - 5 Nays - 0 .
Laid over until February 16th.
38. Final Order - 93-144 - In the Matter of construction of the Minnehaha/Ruth Area Storm
Sewer Separation Project in an area bounded by Ames Avenue on the north, E. Fourth
Street on the south, White Bear Avenue on the west and McKnight Road on the east.
No one appeared in opposition. (Public Works Committee recommends approval)
(See discussion with item # 37)
Roll Call Yeas - 5 Nays - 0
Laid over until February 16th.
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February 9, 1993
39. Final Order - 93-145 - In the Matter of improving streets with bituminous roadway, concrete
curb and a lantern style street lighting system in conjunction with Minnehaha/Ruth Area
Street Paving and Lighting Project. (Public Works Committee recommends approval)
No one appeared in opposition.
(See discussion with item # 37)
� Roll Call Yeas - 5 Nays - 0
Laid over until February 16th.
40. Final Order - 93-146 - In the Matter of construction of sanitary sewer, storm sewer and/or
water service connections, if requested by the property owner, in conjunction with the
Minnehaha/Ruth Area Storm Sewer and Street Paving and Lighting Project. (Public Works
Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 5 Nays - 0
41. Final Order - 93-147 - In the Matter of construction of the Prior/Sheridan Area Storm Sewer
Separation Project in an area bounded by Milwaukee Rail Yard on the north, Mississippi
River on the south, Prior Avenue on the west and S. Wheeler Street on the east. (Public
Works Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 5 Nays - 0
� 42. Final Order - 93-148 - In the Matter of improving streets with bituminous roadway, concrete
curb, and a lantern style street lighting system in conjunetion with the Prior/Sheridan Area
Street Paving and Lighting Project. (Public Works Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved to lay over one week for adoption to allow for identification
of funding source.
Roll Call Yeas - 5 Nays - 0
Laid over until February 16th.
43. Final Order - 93-149 - In the Matter of construction of sanitary sewer, storm sewer and/or
water service connections, if requested by the property owner in conjunction with the
Prior/Sheridan Area Storm Sewer and Street Paving and Lighting Project. (Public Works
Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 5 Nays - 0
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February 9, 1993 `
44. Final Order - 93-150 - In the Matter of widening of White Bear Avenue by condemning and
taking permanent street easement from Conway Avenue to Fremont Avenue. (Public Works
Committee recommends approval)
Ann Cieslak, District 4 Community Councii Representative spoke in support of the
easement, but asked that the file be left open so that after one year the Community Councii
could review it to see if it were economically feasible for the Community.
Councilmembers Agreed.
Councilmember Thune moved approval.
Adopted Yeas - 5 Nays - 0
45. Final Order - 93-151 - In the Matter of condemning and taking an easement for sewer
construction purposes across the Soo Line Railroad Right-of-Way for the Palace/Toronto
CSSP Project. (Public Works Committee recommended approval)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 5 Nays - 0
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 4, 1993)
Councilmember Rettman moved to lay over the item until February 11th.
Roll Call Yeas - 5 Nays - 0
Laid over until Thursday, February 11 th.
Councilmember Rettman moved reconsideration of item # 17.
Adopted Yeas - 5 Nays - 0
Resolution - 93-127 - supporting State Legislation to establish the Twin Cities Business
Initiative Fund.
Councilmember Long moved approval as amended.
Adopted Yeas - 5 Nays - 0
Councilmember Thune moved to suspend the rules to recall from the Human Services,
Health and Business Regulation Committee the following ordinance.
Adopted Yeas - 5 Nays - 0 �
Second Reading - 92-1389 - An ordinance to amend rules and regulations governing pool
halls under Chapter 322 of the Legislative Code.
Councilmember Thune moved to withdraw the ordinance.
Adopted Yeas - 5 Nays - 0
WITHDRAWN
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February 9, 1993
Counciimember Long moved to suspend the rules to introduce the following resolution.
Adopted Yeas - 5 Nays - 0
Resolution - 93- - approving the application of 1993 Emergency Shelter Grant funds for
. $105,00 received by HUD.
Councilmember Maccabee moved approval.
Adopted Yeas - 5 Nay - 0
Councilmembers Guerin and Long moved to adjourn the meeting.
Adopted Yeas - 5 Nays - 0
ADJOURNED AT 10:05 A.M.
ATTEST:
ouncil President, Bill Wilson
������ �� Minutes approved by Council
Assistant City Clerk, Frances Swanson
FS:dmb
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