Minutes 01-21-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL
Tuesday, January 21, 1993
9:00 A.M. Councii Chambers
Third Floor City Hall 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, Rettman, Wilson
Absent - 1 - Thune (excused, ill)
Councilmember Long moved approval of the consent agenda.
Adopted Yeas - 6 Nays - 0
CONSENT AGENDA
FOR ACTION
1. Administrative Orders D-12277 thru D-12291 are on file in the City Clerk's Office.
2. Resolution - 93-64 - approving the withholding of certain tax forfeit parcels of property from
public sale for the Department of Planning and Economic Development and the Division of
Parks and Recreation.
Adopted Yeas - 6 Nays - 0
3. Resolution - 93-65 - approving the reappointments and appointments of Marvin Grunke,
Hortense Quesada, Eunice Green, Nancy Adair, Joan Wittman, Frances Hart, Pat Schwietz
and Katherine Barron to the Advisory Committee on Aging. {To be laid over one week for
adoption.)
Laid over to January 28th for adoption.
4. Resolution - 93-66 - approving the reappointment of Robert Long to the Ramsey County
League of Local Governments. (To be laid over one week for adoption.)
Laid over to January 28th for adoption.
5. Resolution - 93-67 - approving the appointment of Harvey Slaughter, Ph.D. to the
City/County Health Services Advisory Committee. (To be laid over one week for adoption.)
Laid over to January 28th for adoption.
6. Resolution - 93-68 - approving the reappointments and appointments of Valerie Liston,
Joyce Maddox, John Tully, Dennis Osborn and Gladys Morton to the Board of Zoning
Appeals. (To be laid over one week for adoption.)
Laid over to January 28th for adoption.
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January 21, 1993
7. Resolution - 93-69 - in the matter of the assessment of benefits, cost and expenses for
installation of a sanitary sewer in McLean Avenue between Clarence Street and English
Street and setting a date of public hearing for March 9, 1993. .
Adopted Yeas - 6 Nays - 0
8. Resolution - 93-70 - in the matter of the assessment of benefits, cost and expenses for new
sidewalk construction on the north side of Fremont Avenue from vacated Barclay Street to
Hazelwood Street and setting a date of public hearing for March 9, 1993.
Adopted Yeas - 6 Nays - 0
9. Resolution - 93-71 - in the matter of the assessment of benefits, cost and expenses for
installation of a sanitary sewer and service connections in Kennard Street and Case Avenue
to approximately 225 feet north of Case Avenue and setting a date of public hearing for
March 9, 1993.
Adopted Yeas - 6 Nays - 0
COMMITTEE REFERRALS:
10. Resolution - 93-72 - authorizing and entering into an agreement with the Department of
Natural Resources for the construction and maintenance of a water access facility in Lilydale
Park. (Public Works Cte.)
Referred to Public Works Cte.
11. Resolution - 93-73 - directing the St. Paul Police Administration to utilize two police officers
within one squad car during peak crime time and within high crime rate areas.
(Intergovernmental Relations and Public Safety Cte.)
Substitute approved and referred to Intergovernmental Relations and Public Safety Cte.
(Discussed at end of ineeting)
ORDINANCES
12. Final Adoption - 92-1943 - an ordinance establishing a procedure to allow the Risk
Management Division to establish the amounts required for bonds and insurance for license
and permit applications. (For action - public hearing held January 14, 1993.)
Councilmember Rettman moved approval.
Adopted Nays - 6- Nays - 0 '
13. Final Adoption - 92-1495 - an ordinance amending Chapter 231 of the Saint Paul Legislative
Code regarding public nuisances, to conform to State Statue and to set forth the procedure
to be following when charging any person with violating this section. (Amended and taid
over from January 14th.)
(Continued on following page)
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January 21, 1993
(Continued from previous page)
Councilmember Rettman explained that there was a need for one final amendment following
review by the City Attorney who originally drafted the preceding drafts and moved approval
of the amendment.
Adopted Yeas - 6 Nays - 0
Amended and laid over one week for adoption.
NEW BUSINESS - RESOLUTIONS
5:00 P.M.
17. Resolution - 93-76 - accepting bid on sale of $13,000,000 General Obligation Capital
Improvement Bonds, Series 1993A.
Richard Gehrman, Director of Finance and Management Services, explained that the City
had received the same bond ratings from Standard and Poor and Moody's due in large part
to excellent budgeting and financial management. He noted that the bond companies
expressed concern about the growing level of poverty in the city and that future bond
ratings could be negatively impacted.
Mr. Gehrman explained that the continued high rating by the bond agencies resulted in a
low interest rates being secured for the bonds: and reviewed the interest rate and company
selected for each bond issue.
Councilmembers Guerin and Maccabee left and returned during Mr. Gehrman's
presentation.
Councilmember Wilson commended staff for their work to maintain the high bond ratings
and secure low interest rates.
Councilmember Maccabee questioned Mr. Gehrman regarding the reasons for the different
interest rates and the process for reviewing and accepting the bids.
Councilmembers Long and Rettman spoke in support of approving the bids and noted the
tremendous savings to the city in interest payments.
Councifinember Rettman moved approval as amended, to insert the final bid figures.
Adopted as amended Yeas - 6 Nays - 0
18. < Resolution - 93-77 - accepting bid on sale of $2,500,000 General Obligation Temporary
Improvement Special Assessment Bonds, Series 1993B.
See discussion above.
Councilmember Rettman moved approval as amended.
Adopted as amended Yeas - 6 Nays - 0
19. Resolution - 93-78 - accepting bid on sale of $11,930,000 General Obligation Riverfront Tax
Increment Refunding Bonds, Series 1993C.
See discussion under item Number seventeen.
Councilmember Rettman moved approval as amended.
Adopted as amended Yeas - 6 Nays - 0
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January 21, 1993
20. Resolution - 93-79 - accepting bid on sale of $3,240,000 Taxabie General Obligation
Riverfront Tax Increment Refunding Bonds, Series 1993D.
See discussion under item Number seventeen.
Councilmember Rettman moved approval as amended.
Adopted as amended Yeas - 6 Nays - 0
PUBLIC HEARINGS
14. Resolution - 93-74 - approving the application for an On Sale Liquor-C, Sunday On Sale
Liquor, Off Sale Malt, Restaurant-B and Entertainment-III License applied for by Drink Inc.,
dba Pebble's Bar at 880 E. 7th Street.
Councilmember Guerin said the property has been vacant for a year and half and
questioned whether or not new parking requirements would apply.
John McCormick, Asst. City Attorney, said that the parking requirements have not changed
as the property was vacated for less than twenty-four months.
Councilmember Guerin said that he had received some enquiries about the application and
moved layover to February 6th.
The applicant was present and agreed to the February 2nd layover.
Councilmember Guerin renewed his motion for tayover.
Approved Yeas - 6 Nays - 0
Laid over to February 2nd 6- 0
15. Resolution - 93-75 - the application for the transfer of an Off Sale Malt, A/3 Grocery-F and
Cigarette License currently held by Country Club Markets, Inc., to Frank Willman dba Gala
Foods at 544 W. University Avenue.
No one appeared in opposition.
Councilmember Rettman moved approval.
Adopted Yeas - 6 Nays - 0
16. Public Hearing to consider an appeal to a decision of the Planning Commission by District
2 Community Council regarding a sign on property located at 1279 Etna Street.
Councilmember Grimm summarized the history of the appeal and noted the only issue
before the Council was the sign requirements of the zoning code.
Aaron Rubenstein, from the Dept. of Planning and Economic Development, reviewed the
staff report and recommendation of the Planning Commission. He noted that this was a
complicated case since the Zoning Administrator had initially ruled that the sign was in
conformance with the Zoning Code and later reversed that position and that the Planning
Commission disagreed with the Zoning Administrator's reversal.
Councilmember Maccabee expressed concern about setting a precedent for signage at all
family day care's in residential areas.
Paul Gilliland, 1409 McAffe, a representative of District 2, reviewed their concerns regarding
findings of fact and procedure in the Planning Commission's decision.
(Discussion continued on following page)
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January 21, 1993
(Discussion continued from previous page) �
He also raised concerns about the accuracy of the Planning Commission's minutes.
Wayne Hanson of 1275 Etna, highlighted the code requirements that govern home
occupations. He stated that this use is primarily a home, not a business, and a business
sign should not be allowed in residential areas.
Larry Gutherie, attorney for Tanya Davis, reviewed the issues before the City Council and
the facts and regulations that support determining it as a non-residential use. He
recommended finding in favor of Ms. Davis and changing the code in the future if the
Council wants to eliminate business signs in residential areas.
Tanya Davis of 1279 Etna, reviewed her operation and her efforts to comply with all state
and local requirements. She noted that the Fire Marshall had requested that her house
numbers be added to the sign to allow greater visibility for motorists. She said that her
neighbors had be�n concerned about her business for a long time and that she has made
several attempts to resolve these concerns with the assistance of the Dispute Resolution
Center.
Councilmember Long questioned staff regarding the variance process.
Councilmember Maccabee moved to close the public hearing.
Adopted Yeas - 6 Nays - 0
Larry Gutherie, attorney for Ms. Davis, offered to limit the sign to its current size if the
Council rules in favor of Ms. Davis.
Councilmember Maccabee spoke in opposition to the Planning Commission's decision and
highlighted several sections of the code which were erroneously interpreted.
Councilmember Long expressed his concern about setting a precedent and spoke in favor
of granting of allowing Ms. Davis to keep her sign. He urged the Council to eliminate the
loophole for future businesses.
Jerry Segal, Asst. City Attorney, explained the problems which result from making zoning
code changes retroactive.
Councilmembers Rettman, Grimm and Wilson spoke in opposition to the Planning
Commission's decision, citing the primary use as single family residential not a business.
In response to questions, Jerry Segal, Asst. City Attorney, reviewed the Council's authority
to decide this issue and approve variances.
Following further discussion among Councilmembers regarding the code provisions,
Councilmember Grimm moved approval of upholding the District 2 appeal of the Planning
Commission's decision.
Upheld Yeas - 6 Nays - 0
Councilmember Rettman asked that C.F. 92-1884 be recalled from Committee.
Council President Wilson asked that the item be laid over to allow for review by all
Councilmembers.
After a brief summarization of the changes recommended by Committee, Councilmember
Rettman moved to recall from committee C.F. 92-1884 and lay it over to January 28th.
Approved Yeas - 6 Nays - 0
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January 21, 1993
Resolution - 92-1884 - adopting the 1994-1998 Capital Allocation Policy.
Amended and laid over to January 26th.
Roll Call Yeas - 6 Nays - 0
Laid over until January 26th.
Councilmember Guerin noted that he had a substitute for item # 11 and moved a
substitution and referral to Intergovernmental Relations Committee.
Approved Yeas - 6 Nays - 0
Resolution - 93-73 - directing the St. Paul Police Administration to utilize two police officers
within one squad car during peak crime time and within high crime rate areas.
(Intergovernmental Relations and Public Safety Cte.)
Substitute approved and referred to Intergovernmental Relations and Public Safety Cte.
Roll Call Yeas - 6 Nays - 0
Councilmembers Grimm and Long moved adjournment.
Adopted Yeas - 6 Nays - 0
ADJOURNED AT 6:40 P.M.
, �
ATTEST:
ncil ' nt, Bill Wilson
//
Minutes approved by Council
City, e, Molly 'Rourke c����u,c a�3 / 993
MO:tmh
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