Minutes 01-12-1993 .1
MINUTES OF THE SAINT PAUL CITY COUNCIL
Tuesday, January 12, 1993
9:00 A.M. Council Chambers
Third Floor City Hali and Court House
Saint Paul, Minnesota
The meeting was called to order by President Wilson at 9:00 A. M.
Present - 5- Councilmembers Grimm, Guerin, Long, Rettman, Thune
Absent - 2- Maccabee (arrived later in the meeting), Wilson
Councilmember Thune recognized the 9th grade class from Humboldt Senior High School
in attendance at the meeting.
City Clerk O'Rourke noted that the Mayor's Office had contacted her regarding item
# 9, as Mr. Richardson had requested that his name be withdrawn from consideration for
appointment to the Food and Nutrition Commission.
Councilmember Long move to delete Mr. Richardson's name from the resolution and lay
it over one week for final adoption.
Adopted Yeas - 5 Nays - 0
Laid over to January 19th
Councilmember Thune noted that item # 22 had already been discussed in Public Works
Committee and asked that it be laid over to January 19th instead of being referred to
committee.
Councilmember Maccabee arrived at this point in the meeting.
Councilmember Long moved approval of the consent agenda as amended.
Adopted Yeas - 6 Nays - 0
CONSENT AGENDA
FOR ACTION
1. Claims of Bailey Enterprises, Inc., Horst & Margot Franke; Ashok Sabherwal; Terrence M.
Wagner; Minn-Dakota Elevator Company, Inc.
Referred to City Attorney's Office.
2. Administrative Order D-12259 to D-12276 are on file in the City Clerk's Office.
3. Letter of the Ramsey County Department of Taxation transmitting application AC92-5954 for
reduction of assessed valuation of real estate at 218 E. Seventh St. (Finance Dept.
recommends approval.) cc# 13694
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January 12, 1993
4. Letter of the Ramsey County Department of Taxation transmitting application AC92-5289 for
reduction of assessed valuation of real estate at 1328 S. Point Douglas Rd. (Finance Dept.
recommends approval.) cc# 13695
5. Letter from the Division of Public Health declaring the following property at 597 York Avenue
to be a"Nuisance Building". (For notification purposes only - public hearing will be
scheduled at a later date, if necessary.)
6. Letter from the Valuation Engineer recommending a date of Public Hearing on February 16,
1993 in the petition of the City of St. Paul for the vacation of a sewer easement in Block 6,
C.W. Youngman's Addition, located between Homer and Leland Streets.
7. Preliminary Order - 93-3 - in the matter of acquiring permanent and temporary easements
over, under and across a portion of vacated So. Wheeler St. in conjunction with the Davern
Outlet Storm Sewer Project and setting a date of public hearing for February 16, 1993.
Adopted Yeas - 6 Nays - 0
8. Resolution - 93-4 - approving the appointment of German don Alvarado to the Affirmative
Action Advisory Committee. (fo be laid over one week for adoption)
Laid over to January 19th for adoption.
9. Resolution - 93-5 - approving the appointments of James Blaha, Patricia Brand, Beate
Krinke, Kathryn Anderson, Richard Goebel, Phallo Keo, Janice Rettman, Randy Schubring,
Tien Van Tran, Margaret LeBien and Mark Richardson to the Food and Nutrition
Commission. (To be laid over one week for adoption.)
Amended and laid over to January 19th for adoption.
10. Resolution - 93-6 - approving the appointment and reappointments of George Dunn; James
Laughlin and Donald Weida to the Property Code Enforcement Board. (fo be laid over one
week for adoption.)
Laid over to January 19th for adoption.
11. Resolution - 93-7 - approving the appointment of Louis Greengard to the Saint Paul Private
Industry Council (PIC). (To be laid over one week for adoption.)
Laid over to January 19th for adoption.
12. Resolution - 93-8 - approving the appointment of Mark Butala to the Saint Paul Private
Industry Council (PIC). (To be laid over one week for adoption.)
Laid over to January 19th for adoption.
13. Resolution - 93-9 - approving the appointments of Win Terrell, Hung Gia Pham, Song Kong,
and Jim Anderson to the Saint Paul Refugee Affairs Advisory Committee. (To be laid over
one week for adoption.)
Laid over to January 19th for adoption.
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January 12, 1993
14. Resolution - 93-10 - approving action by the Property Code Enforcement Board of Appeals
dated December 10, 1992 for properties located at 176 Arundel St. and 707 E. Minnehaha
Ave.
Adopted Yeas - 6 Nays - 0
15. Resolution - 93-11 - approving action by the Properry Code Enforcement Board of Appeals
dated December 10, 1992 for properties located at 1200 Forest St., 176 Arundel St., 1939
Marshall Ave. and 1188 Rice St.
Adopted Yeas - 6 Nays - 0
16. Resolution - 93-12 - approving the attached Memorandum of Agreement between the City
of Saint Paul and the United Association of Pipefitters Local Union No. 455. (To be laid
over one week for adoption.)
Laid over to January 19th for adoption.
17. Resolution - 93-13 - approving the agreement with the Department of Education, State of
Minnesota for the continuation of the lending library relationship with the St. Paul Division
of Libraries.
Adopted Yeas - 6 Nays - 0
18. Resolution - 93-14 - requesting the Metropolitan Airports Commission enact a mandatory
noise budget ordinance at Minneapolis-St. Paul International Airport.
Adopted Yeas - 6 Nays - 0
19. Resolution - 93-15 - rescinding C.F. 92-1572 regarding classification of County roads within
the City.
Adopted Yeas - 6 Nays - 0
20. Resolution - 93-16 - approving the list of eligible organizations for the 1993 Charitable
Gambling 10% Club.
Adopted Yeas - 6 Nays - 0
COMMITTEE REFERRALS
21. Resolution - 93-17 - upgrade the Selection and Validation Specialist class from Grade 14
to grade 16 of the Professional Standard Ranges. (Finance Cte.)
Referred to Finance Cte.
22. Resolution - 93-18 - approve the award of compensation for the purchase of property at 85
W. Water Street for the Flood Control Project. (Public Works Cte.)
Laid over to January 19th.
23. Resolution - 93-19 - approving the reclassification of St. Paul roadways within Ramsey
County. (Public Works Cte.)
Referred to Public Works Cte.
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January 12, 1993
ORDINANCES
24. Final Adoption - 92-1496 - an ordinance amending Chapter 34 of the Saint Paul Legislative
Code. (Public hearing held January 5, 1993.)
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
25. Final Adoption - 92-1665 - an ordinance granting permission to Gregory J. Schaefer and
Teresa E. Erickson, property owners at 1822 Highland Parkway and/or their successors
in interest, to construct and maintain a wall which extends five and one-half feet into the
Fairview Avenue right-of-way for a length of 50 feet. (Public hearing held January 5, 1993.)
Councilmember Long moved approval.
Adopted Yeas - 6 Nays - 0
26. Second Reading - 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. (Human Services, Health and Business Regulations Cte.
recommends approval.)
Councilmember Rettman noted that she was working with Risk Management Division to
draft language clarifying the Council's authority to set bond limits.
Laid over to January 14th for Third Reading and Public Hearing.
PUBLIC HEARINGS
27. Resolution Ratifying Assessment - 93-20 - in the matter of the assessment of benefits, cost
and expenses for Towing Abandoned Vehicles for properry at 712 Hague Ave.; Summary
Abatement (Property Clean-up) for 421 Ashland, 848 Thomas, 677 Sherburne and 305
Aurora and collecting Administrative Charges for notification to property owners at 988
Dayton and 992 Dayton.
Councilmember Guerin summarized the Neighborhood Services Cte. recommendation and
spoke in opposition to the Administrative Assessment charges for properties at 988 Dayton
and 992 Dayton. After a brief discussion among Councilmembers regarding assessment
charges, Councilmember Long moved approval as recommended by committee.
Adopted Yeas - 5 Nays - I(Guerin)
28. Resolution Ratifying Assessment - 93-21 - in the matter of taking of easements for public
purposes over part of Section 5 and the north 1/2 of Section 8, Township 28 North, Range
22 West in connection with Flood Control Project - Stage 2.
Councilmember Thune explained the Public Works Committee recommendation and moved
approval.
(Discussion continued on following page)
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January 12, 1993
(Discussion continued from previous page)
Mr. Ryan, attorney for the Metropolitan Airports Commission, said he would be
recommending to the Metropolitan Airports Commission that they support the easement as
long as all FAA regulations are complied with.
Peter White of the Finance Dept. explained the City's interest in this easement. After a brief
discussion among Councilmembers, Natalie Hudson, City Attorney, asked that her office
be given some time to review the proposed easement and draft language to address the
Metropolitan Airport Commission's concerns.
Councilmember Thune moved a one week layover.
Roll call Yeas - 6 Nays - 0
Laid over to January 19th.
29. Final Order - 93-22 - in the matter of condemnation of a triangular piece of land at the
intersection of Western Ave. and Grace St. and condemning a sewer easement across the
Soo Line RR. in connection with the Palace-Toronto CSSP Project.
Councilmember Thune said there were some unresolved neighborhood issues and moved
referral to the Public Works Cte.
Referred to Public Works Cte.
30. Final Order - 93-23 - in the matter of condemning and taking a permanent easement
necessary to widen Palace Avenue at Colborne Street in connection with the improvement
of the intersection of Palace Ave. and Colborne St.
Councilmember Thune said this is related to item number twenty-nine and moved referral
to the Public Works Cte.
Referred to Public Works Cte.
31. Final Order - 93-24 - in the matter of improving the following streets with a new bituminous
roadway: Western Ave. from W. Seventh to Harrison; Richmond St. from Goodhue to
Goodrich; Garfield St. from Goodrich to Harrison; Douglas St. from Forbes N. to Forbes S.;
Goodhue St. from Richmond to Western; Banfil St. from Duke to Western; Goodrich Ave.
from Harrison to W. Seventh; Sturgis St. from Western to Garfield; Forbes St. from Garfield
to Douglas; Dousman St. from W. Seventh to Goodrich and St. Clair Ave. from I.S. 35E to
W. Seventh all to be known as the Goodrich/Smith Area Street Paving and Lighting Project.
No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 6 Nays - 0
32. Final Order - 93-25 - in the matter of the Goodrich/Smith Area Storm Sewer Separation
Project in an area bounded by Grace Street, Pleasant Avenue, Grand Avenue, Wilkin Street
and St. Clair Avenue.
No one appeared in opposition.
Adopted Yeas - 6 Nays - 0
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January 12, 1993
33. Final Order - 93-26 - 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
Goodrich/Smith Area Storm Sewer and Street Paving and Lighting Projects.
No one appeared in opposition.
Adopted Yeas - 6 Nays - 0
34. Resolution 92-220 - resolution ordering the owner to remove or repair within 30 days after
publication, the building located at 241 Prescott Street.
Mimi Hasselbalch from the Division of Public Health, summarized the history of this issue.
Councilmember Guerin said it had been in committee some time ago and committee moved
it out without recommendation.
Councilmember Thune noted this item would be affected by the proposed Riverview
Hospital Redevelopment and moved referral to Housing and Economic Development Cte.
to be discussed as part of the redevelopment project. Discussion ensued among
Councilmembers and Ms. Hasselbalch regarding the implications of the proposed
redevelopment on the demolition of the building.
Following the discussion, Councilmembers agreed to refer the matter to the Housing &
Economic Development Committee.
Referred to Housing & Economic Development Cte.
35. Resolution - 93-27 - approving the application for renewal of a State Currency Exchange
License at 785 E. Seventh Street.
Councilmember Maccabee asked the City Attorney if there were any grounds for denying
applications for renewal of licenses.
Phil Byrne, Asst. City Attorney, said no grounds existed unless there was evidence that
violations of the license provisions existed. If such evidence existed, the adverse action
process would be started.
Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 0
36. Resolution - 93-28 - approving the application for renewal of a State Currency Exchange
License at 931 University Avenue.
See discussion above.
Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 0
37. Resolution - 93-29 - approving the application for renewal of a State Currency Exchange
License at 1532 W. University Avenue.
See discussion related to item number thirty-five above.
Councilmember Maccabee moved approval.
Adopted Yeas - 6 Nays - 0
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January 12, 1993
38. Resolution - 93-30 - approving the application for a Massage Therapist License for Mary
Maddox at 464 S. Snelling Avenue.
No one appeared in opposition.
Councilmember Long moved approval.
Adopted Yeas - 6 Nays - 0
39. Resolution - 93-31 - approving the application for a new Gambling Manager's License by
Ireneaus Massman dba North Ramsey 500th Lions Club at Paul's Lounge, 685 E. 3rd
Street.
No one appeared in opposition.
Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 0
40. Resolution - 93-32 - approving the application for a new State Class B Gambling Premise
Permit by North Ramsey 500th Lions Club at Paul's Lounge, 685 E. 3rd Street.
No one appeared in opposition.
Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 0
41. Resolution - 93-33 - suspending the Liquor Off Sale, Original Container and Cigarette
Licenses held by Komina, Inc., dba Marshall Liquors for the premises located at 2027
Marshall Avenue. (Uncontested)
Phil Byrne, Asst. City Attorney, summarized the evidence and reviewed the previous
penalties approved by Council for similar offenses.
Councilmember Guerin spoke in opposition to allocating staff time to investigate sale of
cigarettes to minors as there were other more harmful crimes needing City attention.
After a brief discussion among Councilmembers regarding the seriousness of selling liquor
to a minor, Councilmember Maccabee moved approval.
Adopted Yeas - 5 Nays - 1(Guerin)
A representative from Marshall Liquors arrived later in the meeting but declined to speak
as the Council had already adopted the resolution.
Discussion ensued among Councilmembers as to the appropriate procedure for discussing
the eleven resolutions regarding sale of cigarettes to minors.
Councilmember Guerin left the meeting at this point.
45. Resolution - 93-37 - establishing a$200 fine for the sale of cigarettes to a minor by
George's Mini Market & Auto Repair at 380 W. Maryland Ave. ( Uncontested)
Councilmember Rettman asked for a one week layover to allow time to contact citizens who
had expressed an interest in this issue.
Councilmember Maccabee moved a one week layover to January 19th.
Roll call Yeas - 5 Nays - 0
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January 12, 1993
Councilmember Guerin moved to strike the fines for first offenses. After several
Councilmembers spoke in opposition to Councilmember Guerin's motion, Councilmember
Guerin withdrew his motion.
46. Resolution - 93-38 - establishing a$200 fine for the sale of cigarettes to a minor by Holiday
Station, Inc. at 600 N. Snelling Ave. (Uncontested)
Robert S. Nye, Vice President of Operations for Holiday Stations appeared and summarized
the businesses efforts to prevent the sale of cigarettes to minors and the enforcement
actions taken against the staff person who sold the cigarettes to the minor which resulted
in this violation.
Councilmembers commended Holiday Station stores for their efforts to prevent the sale of
cigarettes to minors.
Councilmember Maccabee moved approval.
Adopted Yeas - 5 Nays - 0
Councilmembers heard testimony from individuals present and then moved approval of all
first offenses and moved approval of all second offense fines.
42. Resolution - 93-34 - establishing a$200 fine for the sale of cigarettes to a minor by Thomas
Enterprises, Inc., dba Brown Derby at 567 Stryker Ave. (Uncontested)
No one appeared in opposition.
Councilmember Maccabee moved approval.
Adopted Yeas - 5 Nays - 0
43. Resolution - 93-35 - establishing a$400 fine for the sale of cigarettes to a minor by ACA
Management #351 dba Amoco Oil Company at 623 Como Ave. (Uncontested)
No one appeared in opposition.
Councilmember Maccabee moved approval.
Adopted Yeas - 5 Nays - 0
44. Resolution - 93-36 - establishing a$200 fine for the sale of cigarettes to a minor by West
7th Street Amoco at 2526 W. Seventh St. (Uncontested)
No one appeared: in opposition.
Councilmember Maccabee moved approval.
Adopted Yeas - 5 Nays - 0
Councilmember Guerin left at this point in the meeting.
47. Resolution - 93-39 - establishing a$200 fine for the sale of cigarettes to a minor by Liquor
Village, Inc. at 2289 Ford Parkway. (Uncontested)
A woman representing Liquor Village summarized the businesses efforts to prevent the sale
of cigarettes to minors and reiterated managemenYs commitment to this procedure.
Councilmember Maccabee moved approval.
Adopted Yeas - 5 Nays - 0
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January 12, 1993
48. Resolution - 93-40 - establishing a$200 fine for the sale of cigarettes to a minor by Merwin
Drug, Inc. at 945 Rice St. (Uncontested)
No one appeared in opposition.
Councilmember Maccabee moved approval.
Adopted Yeas - 5 Nays - 0
49. Resolution - 93-41 - establishing a$200 fine for the sale of cigarettes to a minor by
Midwestern Asian Foods at 633 W. Minnehaha Ave. (Uncontested)
Chue Xiong appeared and explained that temporary staff was working when the violation
occurred.
Councilmember Maccabee moved approval.
Adopted Yeas - 5 Nays - 0
50. Resolution - 93-42 - establishing a$400 fine for the sale of cigarettes to a minor by Snyder
Drug Stores, Inc. at 375 N. Wabasha St. (Uncontested)
No one appeared in opposition.
Adopted Yeas - 5 Nays - 0
51. Resolution - 93-43 - establishing a$400 fine for the sale of cigarettes to a minor by Speedy
Markets, Inc. at 589 N. Dale St. (Uncontested)
Carl Cummins, attorney representing Speedy Markets, reviewed the corporation's
procedures for preventing the sale of cigarettes to minors and reiterated the corporation's
commitment to preventing the sale of cigarettes to minors. He also noted the suspension
given to the clerk involved in this particular incident.
Carl Schroeder, President of Speedy Markets, apologized for the violation and reviewed the
corporation's efforts to prevent the sale of cigarettes to minors.
Councilmember Maccabee moved approval.
Adopted Yeas - 5 Nays - 0
52. Resolution - 93-44 - establishing a$200 fine for the sale of cigarettes to a minor by
Walgreens at 425 Wabasha St. (Uncontested)
Ed Svihra, District Manager for Walgreens, explained the company's procedure for
preventing the sale of cigarettes to minors and reiterated their corporation's efforts to
comply with St. Paul's laws.
Councilmember Maccabee moved approval.
Adopted Yeas - 5 Nays - 0
Councilmember Thune moved suspension for the following item.
Adopted Yeas - 5 Nays - 0
Resolution - 93-51 - approving the lease agreement between the St. Paul Police Department
and Luverne Worms for the Central Police Team Station at 1441 No. Rice Street.
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January 12, 1993
Councilmember Rettman summarized the lease agreement and recommended approval.
Councilmember Maccabee asked questioned the cost of leasing the space and the
improvements to be made.
Following a brief explanation of the agreement by Councilmember Rettman, Councilmember
Maccabee moved approval.
Adopted Yeas - 5 Nays - 0
Councilmembers discussed the recent taping of a N commercial to secure the North Stars
as an anchor at the Civic Center.
Councilmember Thune moved adjournment.
Adopted Yeas - 5 Nays - 0
ADJOURNED AT 10:20 A.M.
ATTEST:
;° uncil P ' nt, Bill Wilson
�,
Minutes approved by Council
City CI r, Molly O' ourke � ���
O:tmh
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