Minutes 01-26-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL
Tuesday, January 26, 1993
9:00 A.M. Council Chambers
Third Floor City Hall and Court House
Saint Paul, Minnesota
The meeting was called to order by President Wiison at 9:05 A.M.
Present - 6- Councilmembers Grimm, Guerin, Maccabee, Rettman, Thune, Wilson
Absent - 1 - Councilmember Long (excused)
Councilmember Rettman moved approval of the Consent Agenda.
Adopted Yeas - 6 Nays - 0
CONSENT AGENDA
FOR ACTION
1. Claims of Michael Paul Becker; Dennis Cahill; Meliza Thurstin; and Craig and Barb Zimpel.
Referred to City Attorney's Office.
2. Letter from Town & Country Club objecting to the Proposed Assessment for the
Marshall/Cleveland Storm Sewer and Paving Project.
3. Letter of the City Attorney announcing date of Public Hearing on January 29, 1993 before
an Administrative Law Judge pertaining to adverse action against licenses held by Mehdi
Zowghi dba Chattanooga Music Cafe at 1021 Bandana Blvd. E.
4. Letter of the City Attorney announcing date of Public Hearing on February 3, 1993 before
an Administrative Law Judge pertaining to adverse action against licenses held by S.P.H.
Hotel Company, dba Radisson St. Paul Hotel at 172 E. Sixth Street.
5. Letter from the Valuation Engineer recommending a date of Public Hearing on March 2,
1993 for the petition of Karl O. Decker and Roy J. Decker for the vacation of Stillwater
Avenue lying east of Clarence and adjoining Lot 7, Block 6 and Lot I, Block 7, Fairchild
and Howard's Rearrangement.
6. Petition of Art and Donna Ellingson and Jerome Kosloski for the vacation of the north-
south alley between Lots 6 and 9 and Lot 10, Block 3, Denny Hill Addition.
7. Resolution - 93-53 - approving the renewal of various On Sale Liquor and Supporting
licenses for the following: Mr Patom's Saloon; Flanagan's on 7th, Inc., Heartthrob Cafe
& Canyon County Bar & Nightclub; Gatsby's; Rocky's on Tenth; Applebee's
Neighborhood Grill & Bar and the Lexington Restaurant. (Laid over from January 19th.)
Adopted Yeas - 6 Nays - 0
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January 26, 1993
8. Resolution - 93-54 - approving various Class III Licenses for the following: Godfather's
Pizza #24512; Heppner Auto Body, Inc.; Brac's Auto Parts; Tenth Street Boxing
Club/Casey's; Latuff Bros., Inc.; Lowertown Municipal Ramp and Kelly's Auto Repair.
(Laid over from January 19th.)
Adopted Yeas - 6 Nays - 0
9. Resolution - 93-81 - in the matter of the assessment of benefits, cost and expenses for
installation of water service connection, as requested by a property owner in conjunction
with the Conway/Germain Area CSSP project; the Macalester/Bayard Area CSSP project
and the Hazelwood/Case Area CSSP project and setting a date of public hearing for
March 16, 1993.
Adopted Yeas - 6 Nays - 0
10. Resolution - 93-82 - in the matter of the assessment of benefits, costs and expenses for
the installation of a lantern style street lighting system on Pinehurst Avenue from
Cleveland Avenue to Kenneth Street and setting a date of public hearing for March 9,
1993.
Adopted Yeas - 6 Nays - 0
11. 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. (To be laid over one week)
Laid over until February 2nd.
12. Resolution - 93 -84 - approving and ratifying the attached Memorandum of Agreement
between the Independent School District 625 and the following labor organizations:
Bricklayers and Allied Craftsmen Local Union No. I of Minnesota; United Brotherhood of
Carpenters and Joiners of America; United Union of Roofers, Waterproofers and Allied
Workers, Local Union No. 96; International Brotherhood of Painters and Allied Trades
Local 61; Operative Plasterers Local Union No. 20 and Operative Plasterers' and Cement
Masons' International Association Local 633. (To be laid over one week for adoption.)
Laid over until February 2nd.
13. Resolution - 93-85 - denying the appeal of People, Incorporated, 379 University Avenue
West to a decision of the Heritage Preservation Commission regarding the use of steel
siding on properry located at 565 Dayton Avenue.
Adopted Yeas - 6 Nays - 0
COMMITTEE REFERRALS:
14. Resolution - 93-86 - amending the 1992 Capital Improvement Fund by adding spending
and financing for the Downtown Bus Lane Consolidation project. (Finance Cte.)
Referred to the Finance Committee.
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January 26, 1993
15. Resolution - 93-87 - adopting the Lexington-Hamline Small Area Plan as an amendment
to the City's Comprehensive Plan as recommended by the St. Paul Planning Commission.
(Housing & Economic Development Cte.)
Referred to the Housing & Economic Development Committee.
ORDINANCES
16. First Reading - 93-88 - an ordinance amending Chapter 60 the St. Paul Legislative Code
pertaining to rezoning in the Lexington Hamline neighborhood as recommended by the
St. Paul Planning Commission. (Housing and Economic Development Cte.)
Referred to the Housing & Economic Development Committee.
COMMITTEE REPORTS
17. Resolution - 92-1804 - requesting initiation of Zoning Study on Neighborhood
Compatibility. (Housing & Economic Development Cte. recommends approval as
amended.)
Discussion ensued among Councilmembers regarding the impact of the language
recommended by Committee.
After further discussion Councilmember Grimm moved to lay over the adoption for one
week to allow Councilmembers more time to review the language.
Roll Call Yeas - 6 Nays - 0
Laid over until February 2nd.
18. Resolution - 92-1942 - approving the 1993 Housing and Redevelopment Authority property
tax levy and Housing and Redevelopment Authority 1993 budget. (Housing and
Economic Development Cte. recommends approval)
Councilmember Grimm moved approval.
Adopted Yeas - 6 Nays - 0
PUBLIC HEARINGS
19. Resolution - 93-89 - in the matter of the assessment of benefits, cost and expenses for
demolition of Vacant Buildings for October and November 1992; Boarding-Up of vacant
Buildings for September and October, 1992; 1992 and Property Clean-Up for October to
mid-November, 1992. (Neighborhood Services Committee recommends approval as
amended)
No one appeared in opposition.
Councilmember Guerin moved approval with the deletion of 218 Bates, the lot next to
1412 DeSoto Street, 514 E. Maryland and the provision that the assessment for 1026
Milton be spread out over 5 years.
(Discussion continued on following pages)
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January 26, 1993
(Continued from previous page)
John Betz, Health Division, requested that the assessment for 1217 Albamarle be paid
over the next five years.
Councilmember Guerin moved approval of the Committee's recommendation and the
changes proposed by the Health Division as amended.
Adopted Yeas - 6 Nays - 0
25. Resolution - 93-94 - suspending the Liquor Off Sale, Original Container and Cigarette
Licenses held by Thomas Beverage Co., Inc., dba Thomas Liquors at 1941 Grand
Avenue.
Paul McClosky, Assistant City Attorney, reviewed the police report, the action taken by
the license holder and the penalty provisions in the matrix.
John Berglund, Attorney representing the licensee, reviewed the steps taken by Mr.
Thomas to see that this did not happen again and said the business has been in
operation for many years without a violation.
Jim Thomas, owner of Thomas Liquors reviewed the business' practice for checking I.D.'s
and distributed fake I.D.'s that had been confiscated from underage patrons.
Councilmembers. discussed what state and local actions could be taken against people
using fake identification.
Councilmember Thune moved to close the Public Hearing.
Roll Call Yeas - 6 Nays - 0
Councilmembers discussed the use of a fine rather than suspension of licenses due to
the businesses efforts to identify fake I.D.'s, stop selling malt liquor frequently bought by
underage drinkers and the lack of previous violations.
Phil Bryne, City Attorney's Office, reviewed the provisions for setting fines and the
amounts to be decided.
Councilmembers discussed the new procedures for investigating complaints and warning
businesses of potential violations.
Councilmember Grimm left the meeting at this point and did not return.
Councilmember Guerin moved to stay the fine and suspension of the licenses and Council
President Wilson spoke in favor of the motion.
Councilmembers Rettman, Thune and Maccabee spoke in opposition.
Councilmember Guerin withdrew the motion for lack of support.
Councilmember Thune made a motion to stay the 3 day suspension and impose a$500
fine.
Adopted Yeas - 5 Nays - 0
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January 26, 1993
20. Resolution Ratifying Assessment - 93-21 - in the matter of taking easements for public
purposes over part of Section 5 and the north I/2 of Section 8, Township 28 North, Range
22 West in connection with Flood Control Project - Stage 2. (Laid over from January
19th.)
No one appeared in opposition.
City Clerk O'Rourke distributed an amended version of the Resolution that was drafted
by the Finance Department in response to a request by Councilmembers questions
regarding the easement with the Metropolitan Airports Commission..
Councilmember Thune moved approval as amended.
Adopted Yeas - 5 Nays - 0
21. Final Order - 93-90 - in the matter of installation of a lantern style street lighting system
for the Upper S�vede Hollow Area for the following streets: Both sides of Fountain Place
from North St. to approximately 116.5 feet north of North St.; both sides North St. from
Fountain Place to the intersection of Greenbrier St. and E. Seventh St.; both sides of
Bates Ave. from E. Seventh St. to North St. and from North St. to Maury St. and both
sides of Maury St. from Bates Ave. to Greenbrier St. (Public Works Committee
recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 5 Nays - 0
22. Final Order - 93-91 - in the matter of construction of the Palace/Toronto Area Storm
Sewer Separation Project in an area bounded by St. Clair to the north; View Street to the
west and diagonally to the southeast by Shepard Road and railroad tracks. (Public Works
Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 5 Nays - 0
23. Final Order - 93-92 - in the matter of improving streets with a new bituminous roadway;
concrete curb and gutters, driveway aprons, concrete outwalks and a lantern style street
lighting system all to be known as the Palace/Toronto Area Street Paving and Lighting
Project. (Public Works Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 5 Nays - 0
24. Final Order - 93-93 - 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
Palace/Toronto Area Storm Sewer and Street Paving and Lighting Projects. (Public
Works Committee recommends approval)
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 5 Nays - 0
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January 26, 1993
MISCELLANEOUS
26. Recognition of Retiring City Employees.
City Clerk O'Rourke noted the affected employee was not able to attend.
ADDITIONAL ITEMS:
1. Resolution - 92-1884 - adopting the 1994-1998 Capital Allocation Policy. (Finance
Committee recommends approval as amended and laid over from January 21 st
Councilmember Rettman moved approval as amended by Committee.
Adopted Yeas - 5 Nays - 0
Councilmember Guerin moved to suspend the rules to introduce the following resolution.
Adopted Yeas - 5 Nays - 0
Resolution - 93-98 - approving an agreement between the City of Saint Paul and the
Board of Water Commissions to install telephone lines through the Water Utility Fourth
Street Tunnel to connect the system between City Hall and the City Hall Annex and the
Lowry Professional Building.
Councilmember Guerin moved approval.
Adopted Yeas - 5 Nays - 0
Councilmember Rettman moved to adjourn the meeting.
Adopted Yeas - 5 Nays - 0
ADJOURNED AT 9:55 A.M.
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ATTEST:
uncil President, Bill Wilson
Minutes approved by Council
City Cle k, Molly O'R urke � 3/y �
O:dmb
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