Minutes 02-02-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL
Tuesday, February 2, 1993
9:00 A.M. Council Chambers
Third Floor City Hail and Court House
Saint Paul, Minnesota
The meeting was called to order by President Wilson at 9:00 A.M.
Present - 6- Councilmembers Grimm, Guerin, Long, Maccabee, Thune, �Ison
Absent - 1- Councilmember Rettman (excused ill)
Councilmember Maccabee requested item # 16 be removed from the Consent Agenda
to allow for recording of negative votes.
Councilmember Maccabee moved approval of Consent Agenda as amended.
Adopted Yeas - 6 Nays - 0
CONSENT AGENDA
FOR ACTION
1. Claims of Anita Hall, Patricia Marie Healy, Jerry Metzger, and Kirsten Rae Mount.
Referred to the City Attorney's Office.
2. Administrative Orders D-12292 thru D-12304 noted as on file in the City Clerk's Office.
3. Summons and Complaint in the Matter of LeAnn Lynn Olson vs the City of Saint Paul
Referred to the City Attorney's Office.
4. Summons and Complaint in the Matter of Michael Stoderl dba Ecstasy House Video and
Music and More vs the City of Saint Paul.
Referred to the City Attorney's Office.
5. Summons in Application for Registration of Land by Louis W. Hill, Jr., North Oaks Company
Inc.
' Referred to the City Attorney's Office.
6. Letter from the Department of Planning & Economic Development requesting a date of
Public Hearing for February 16, 1993 to consider a rezoning request by Douglas Jackson
for property at 982 Thomas Avenue.
7. Letter from the Department of Planning & Economic Development requesting a date of
Public Hearing for February 16, 1993 to consider a rezoning request by the Housing &
Redevelopment Association to rezone property at 160 Milford Street. cc # 13709
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February 2, 1993
8. Letter from the Division of Public Health declaring the foilowing properties to be "Nuisance
Buildings': 713 Butternut Avenue, 774 Laurel Avenue, 1019 Matilda Street and 1024 Matilda
Street. (For noti�cation purposes only, public hearing will be scheduled later, if necessary)
9. Resolution - 93-83 - approving the appointment of Toni Baker, Thomas Gmeinder, Triesta
Brown, Andrea Hard Kajer and Paul Savage to the Saint Paul Capital Improvement Budget
Committee. (Laid over from January 26th for adoption)
Adopted Yeas - 6 Nays - 0
10. Resolution - 93-84 - approving and ratiiying the attached Memorandum of Agreement
between the Ind. School District 625 and the foliowing labor organizations: Bricklayers and
Allied Craftsmen Local # 1 of Minnesota; United Brotherhood of Carpenters and Joiners of
America; United Union of Roofers, Waterproofer and Allied Works Local # 96; International
Brotherhood of Painters and Allied Trades Local # 61; Operative Plasterers Local # 20 and
Operative Plasters' and Cement Masons' International # 633. (Laid over from January 26th
for adoption)
Adopted Yeas - 6 Nays - 0
11. Resolution - 93-99 - approving various Class III 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
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. (To be laid over one week for adoption) (1)
Laid over until February 9th.
12. Resolution - 93-100 - approving various Class III Licenses 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. (fo be laid over one week for
adoption) (2)
Laid over until February 9th.
13. Resolution - 93-101 - approving various Class 111 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. (To be laid over
one week for adoption) (3)
Laid over until February 9th.
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. (To be laid over one week for adoption)(4)
Laid over until February 9th.
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February 2, 1993
� 15. Resolution - 93-103 - approving payment of $7,000 from the Tort Liability Fund to Lisa Millar
McGinn in settlement of her claim.
Adopted Yeas - 6 Nays - 0
16. (Discussed later in the meeting)
17. Preliminary Order - 93-105 - In the Matter of improving streets, installing concrete curb and
gutters, driveway aprons, improving boulevards and installing a lantern style street lighting
system in conjunction with the 35E/University Area Street Paving and Lighting Project and
setting date of Public Hearing for March 23, 1993.
Adopted Yeas - 6 Nays - 0
18. Preliminary Order - 93-106 - In the Matter of construction of the 35E/University Area Storm
Sewer Separation Project in an area bounded by Mt. Airy on the north, I-94 on the south,
Rice Street on the west and Brunson Street on the East and setting date of Public Hearing
for March 23, 1993.
Adopted Yeas - 6 Nays - 0
19. Preliminary Order - 93-107 - 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 35E/University Area Storm Sewer and Street Paving and Lighting Projects and setting
date of Public Hearing for March 23, 1993.
Adopted Yeas - 6 Nays - 0
COMMITTEE REFERRAL:
20. Resolution - 93-108 - approving an administrative resolution permanently establishing the
vacation credits transfer policy in the Salary Plan and Rates of Compensation. (Finance)
Referred to the Finance Committee.
21. Resolution - 93-109 - approving changing the rates of pay of the City Planner 11 Class from
Grade 9 to Grade 10 and the City Planner III Class from Grade 13 to Grade 14 in the Salary
Plan and Rates of Compensation Resolution. (Finance)
Referred to the Finance Committee.
22. Resolution - 93-110 - approving a lease agreement between the City of Saint Paul and
Hamline Midway Coalition for the Hamline Park Playground building. (Housing & Economic
Development)
° Referred to the Housing & Economic Development Committee.
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February 2, 1993
16. Resolution - 93-104 - suspending on-sale and Sunday on-sale intoxicating liquor, restaurant
and entertainment licenses held by Half Time Rec at 1013 Front Avenue for 30 days, 27
days suspended for 18 months. (Public Hearing held January 19th)
Counciimember Maccabee said she wanted the resolution removed from the Consent
Agenda so she could register her no vote. She said the penalty should be suspension of
the license for three days rather than a fine. .
Councilmember Grimm questioned language in the final resolve and moved approval
foilowing answers to her questions.
Councilmember Maccabee spoke in opposition to the resolution.
Adopted Yeas - 4 Nays - 2(Long, Maccabee)
ORDINANCES:
23. First Reading - 93-111 - An ordinance amending chapter 13 of the Legislative code
pertaining to Emergency Management; adding provisions for the use of sirens to warn of
snow emergencies declared pursuant to chapter 161 of the Legislative Code. (Public
Works)
Referred to the Public Works Committee.
COMMITTEE REPORTS:
24. Second Reading - 92-1798 - amending Ordinance # 13534 approved January 31, 1967,
pertaining to one way streets by designating Linwood Avenue, from Victoria Street to Milton
Street as a one way westbound street. (Public Works Committee recommends approval)
Laid over until February 4th for Third Reading - Public Hearing. ,
25:: Second Reading - 92-1885 - An ordinance granting permission to Bethesda Lutheran
°-- Hospital and/or their successors to install and maintain a sign in the boulevard on the west
side of Capitol Boulevard at Charles Avenue. (Public Works Committee recommends
approval)
.� Laid over until February 4th for Third Reading - Public Hearing.
26. Resolution - 92-1804 - requesting initiation of Zoning Study on Neighborhood Compatibility.
(Housing & Economic Development Committee recommends approval as amended - laid
over from January 26th)
Council President Wilson spoke against the amendments recommended by Committee as
it appears to limit the scope of the study.
Discussion ensued among Councilmembers regarding the impact of the Committee
amendments and the need to clarify that the activity to be studies was the compatibility of
infill residential construction.
Councilmember Grimm moved approval as amended at Committee to clarify the study's
focus on infill construction.
Adopted Yeas - 6 Nays - 0
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February 2, 1993
27. Resolution - 93-112 - approving the withdrawal of outstanding resolutions, ordinances and
administrative orders that were referred to the Finance, Management and Personnel
Committee in the years 1988 and 1989. (Finance Committee recommends approval)
Councilmember Long moved approval.
Adopted Yeas - 6 Nays - 0
28. Resolution - 92-1788 - approving the creation of a new classification entitled "Crime
� Prevention Coordinator" in Grade 11 of the Professional Standard Salary Ranges. (Finance
Committee recommends approvals as amended)
Councilmember Maccabee requested information from John Shockley, Human Resources,
regarding the impacts of the amendments.
Councilmember Guerin questioned whether the correct Committee amendments were in the
packet and moved to lay over the resolution for one week.
Roll Call Yeas - 6 Nays - 0
Laid over until February 9th.
29. Resolution - 92-1883 - adopting the 1992-2001 Program for Capital Improvements. (Finance
Committee recommends approval as amended)
Councilmembers Long and Thune moved approval as amended.
Adopted Yeas - 6 Nays - 0
30. Resolution - 93-17 - upgrading the Selection and Validation Specialist class from Grade 14
to Grade 16 of the Professional Standard Ranges. (Finance Committee recommends
approval)
Councilmember Maccabee asked for clarification of the language and questioned how many
people would receive the 59'o raise in pay.
Councilmember Thune said only one position was involved in the reclassification and after
further discussion among Councilmembers, Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
31. Resolution - 90-1953 - accepting the report Neiahborhood Grant Proarams: A Management
Analysis• (Human Services, Health and Business Regulation Committee recommends
approval as amended)
Councilmember Maccabee moved approval as amended.
Adopted Yeas - 6 Nays - 0
32. Resolution - 92-1831 - directing the St. Paul School Board to investigate and examine the
possibility of an Alternative School in the City of Saint Paul. (Human Services, Health and
Business Regulation Committee recommends approval as amended)
Councilmember Guerin moved approval as amended.
Adopted Yeas - 6 Nays - 0
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February 2, 1993
33. Resolution - 92-1819 - approving the vacation of a temporary construction easement at 778
Charles Avenue. (Public Works Committee recommends approval)
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
34. Resolution - 92-1926 - approving the award of compensation for the purchase of property `
to the south of the cul-de-sac at the south end of McAfee Street. (Pubiic Works Committee
recommends approval)
Counciimember Grimm moved approval.
- Adopted Yeas • 6 Nays - 0
PUBLIC HEARINGS:
35. Third Reading - 92-1929 - An ordinance to amend the presumptive penalties provided for
intoxicating and nonintoxicating liquor licenses in Section 409.26 of the Legislative Code.
(Human Services, Health and Business Regulation Committee recommends approval as
amended - Public Hearing laid over from January 7, 1993)
No one appeared in opposition.
Councilmember Maccabee spoke in opposition to the ordinance due to her concern that
amendments will diminish the seriousness of the offenses and send the wrong signal to
business's being licensed.
Councilmember Guerin spoke in support of the ordinance because it is pro business and
refle�ts the current practice of the Council.
Councilmembers Thune, Wilson, Grimm and Long also spoke in support of the ordinance
on the grounds of fairness and consistency with current practice. `
After further discussion, Councilmember Guerin moved approval as amended by
�: Committee.
Roll Call Yeas - 5 Nays - 1(Maccabee)
Laid over until February 9th for Final Adoption.
36. Final Order - 93-113 - In the Matter of construction of the Edgcumbe/St. Dennis Area Storm
. Sewer Separation Project in an area bounded by Montreal Avenue to the north, Benson
Avenue to the south and the west by Snelling Avenue. (Public Works Committee
recommends approval)
Donald Laplund, 2000 Lower St. Dennis Road, said neighbors were concerned about the
placement of street lights on the street and wanted to continue with the project as long as
Public Works staff will continue to negotiate the placement of the street lights.
Councilmembers spoke in support of continuing the discussion between the neighborhood
and Public Works staff and thanked all involved in the process.
Councilmembers Long and Thune moved approval.
Adopted Yeas - 6 Nays - 0
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February 2, 1993
37. Final Order - 93-114 - In the Matter of construction of sanitary sewer, storm sewer and/or
water service connections, if requested by the property the property owner, in conjunction
with the Edgcumbe/St. Dennis Area Storm Sewer and Street Paving and Lighting Projects.
(Public Works Committee recommends approval)
No one appeared in opposition.
(See discussion above)
Councilmembers Long and Thune moved approval.
Adopted Yeas - 6 Nays - 0
38. Final Order - 93-115 - In the Matter of improving streets with a new bituminous roadway,
installing concrete curb and gutters, improving boulevards and installing a lantern style
street lighting system in conjunction with the Edgcumbe/St. Dennis Area Street Paving and
Lighting Project. (Public Works Committee recommends approval)
No one appeared in opposition.
(See discussion under # 36)
Councilmembers Long and Thune moved approval.
Adopted Yeas - 6 Nays - 0
39. Final Order - 93-116 - In the Matter of improving Warner Road from Childs Road to Trunk
Highway 61 by placing a bituminous overlay and doing all other work necessary to
complete said improvement. (Public Works Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
40. Resolution - 93-117 - approving an application for a new Class C Gambling Location
License by Andchi, Inc. dba Vogel's Lounge at 1112 Arcade Street.
No one appeared in opposition.
Councilmember Grimm moved approval.
Adopted Yeas - 6 Nays - 0
41. Resolution - 93-118 - approving an application for a new Gambling Manager's License by
Margaret St. Sauver dba East Twins Babe Ruth at Vogel's Lounge, 1112 Arcade Street.
No one appeared in opposition.
Councilmember Grimm moved approval.
Adopted Yeas - 6 Nays - 0
, 42. Resolution - 93-119 - approving an application for a new State Class B Gambling Premise
Permit by Vogel's Lounge at 1112 Arcade Street.
No one appeared in opposition.
Councilmember Grimm moved approval.
Adopted Yeas - 6 Nays - 0
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February 2, 1993
43. Resolution - 93-120 - approving an application for a General Repair Garage License by BNK
Inc., dba Auto Max at 555 W. University Avenue.
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
44. Resolution - 93-74 - approving an application for an On Sale Uquor, Sunday On Sale Liquor,
Off Sale Mait, Restaurant and Entertainment Iil License by Drink Inc., dba Pebble's Bar at
880 E. 7th Street. (Laid over from January 21 st)
No one appeared in opposition.
Councilmember Guerin distributed and explained conditions to be added to the license and
said the licensee agreed to them.
Councilmember Guerin moved approval as amended.
Adopted Yeas - 6 Nays - 0
45. Appeal of Joseph Letourneau to a Summary Abatement Order for property at 1350 W.
Minnehaha Avenue. (Neighborhood Services Committee recommends denial and cleanup
within 24 hours after publication)
No one appeared in opposition.
Councitmember Thune moved approval of the Committee report for denial.
Roll Call Yeas - 6 Nays - 0
DENIED
46. Public Hearing to consider the request by Jerome Koslowski to a rezoning of property at
649-651 E. Ivy avenue from B-1 to RT-2. ,
No one appeared in opposition.
Councilmember Grimm requested that this item be laid over indefinitely.
Roll Call Yeas - 6 Nays - 0
LAID OVER INDEFINITELY
Councilmember Grimm moved to suspend the rules to introduce the following resolution for
adoption.
Adopted Yeas - 6 Nays - 0
Resolution 93-124 - approving an application for an On Sale Liquor, Sunday On Sale Liquor,
Entertainment III, Restaurant and Cigarette License by Mangini Inc. dba Mangini's
Restaurant at 1177 Clarence Street.
Councilmembers congratulated Dick Mangini for reopening the business on the East Side.
Councilmember Grimm said the business has been a landmark on the East Side and
neighbors are happy to see it reopening.
Mr. Mangini thanked Councilmembers for their support to reopen the business.
Councilmembers Grimm and Guerin moved approval.
Adopted Yeas - 6 Nays - 0
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February 2, 1993
Councilmember Long moved to adjourn the meeting.
Adopted Yeas - 6 Nays - 0
ADJOURNED AT 10:50 A.M.
ATTEST:
; �� � !� Council President, Bill �Ison
i i • �f �
i
I �``�� ' y Minutes approved by Council
City Cl�er , Molly O'Rourke �
�iMO:dmb a�" 93
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