Approved Minutes 2-26-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, February 26, 1997 - 3:30 PM
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:45 p.m. by Council President Thune.
Present- 5 - Councilmembers Blakey, Megard, Mauer, Rettman, Thune
Absent - 2 - Councilmembers Bostrom&Harris (excused)
CONSENT AGENDA
Nancy Anderson corrected Item 24 by adding the name Patricia J. Tototzintle.
Councilmember Blakey requested Items 27 and 30 be removed for discussion.
Councilmember Rettman requested Items 28, 29 and 32 be removed for discussion.
Councilmember Blakey moved approval of the Consent Agenda as amended.
Yeas - 5 Nays -0
FOR ACTION
1. Approval of minutes of January 29 and February 5, 1997.
Adopted Yeas - 5 Nays - 0
2. Claims of American Family Insurance (for Dung Phan), David Beaudet, Christy Benda, James
Brown, Robin Furst, Holm& Olson Florist, Mike Kniecik, David Penn, Thomas Schway (for
Azukaego Aghenu), Philip Schweitzer, Michelle Shaw, Debra Steffensmeier, Pheing Vang, and
Mary Joe Vavaro.
Referred to Risk/Employee Benefits Management Division
3. Summons and Complaint in the matter of John P. Gross and Roxanne Gross vs. the City of Saint
Paul, et al.
Referred to the City Attorney's Office
4. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by Adam's Food, Inc., 361
Earl Street. (Uncontested)
5. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by Ward Mens, dba Concord
Drug, 176 Concord Street. (Uncontested)
February 26, 1997, City Council Summary Minutes Page 2
6. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by Bassam H. Hasan, dba
Dale & Selby Superette &Deli, 618 Selby Avenue. (Uncontested)
7. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by Greg Ekbom, dba Day By
Day Cafe, 477 West 7th Street. (Uncontested)
8. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by Green Brothers, Inc., dba
Eastern Heights Service, 1770 Old Hudson Road. (Uncontested)
9. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by E.S.W., dba Easy Street
West, 616 Como Avenue. (Uncontested)
10. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by Four Seasons Automotive
Service, Inc., 373 Ruth Street North. (Uncontested)
11. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by Frank Willman
Distribution, dba Gala Foods, 1600 White Bear Avenue North. (Uncontested)
12. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by Reyes Group, Inc., dba
Hazel Park Amoco, 1200 White Bear Avenue North. (Uncontested)
13. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by Jerry Belgea Enterprises,
Inc., dba Jeraldine's, 605 Front Avenue. (Uncontested)
14. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by James Kennedy, dba
Kennedy Pharmacy, 334 Robert Street North. (Uncontested)
15. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by Sonny's Bar, Inc., dba
Louie's Bar, 883 Payne Avenue. (Uncontested)
16. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by Laro Inc., dba Patrick's
Lounge, 1318 Larpenteur Avenue West. (Uncontested)
February 26, 1997, City Council Summary Minutes Page 3
17. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by Walmont, Inc., dba
Tiffany Lounge, 2051 Ford Parkway. (Uncontested)
18. Letter from the Office of the City Attorney announcing a public hearing before the City Council on
March 5, 1997, to consider adverse action against cigarette license held by Avanti Petroleum, Inc.,
dba Total Mart#5667, 304 Larpenteur Avenue East. (Uncontested)
19. Letter from the Office of the City Attorney announcing that the public hearing before the City
Council to consider the report of the Administrative Law Judge concerning licenses held by Gregg
Perkins, dba St. Paul Firearms, 634 North Snelling Avenue, has been rescheduled to March 12, 1997.
20. Letter from Saint Paul Public Health declaring 578 Forest Street as "nuisance property." (For
notification purposes only; public hearings will be scheduled at a later date if necessary.)
21. Communication from Saint Paul Animal Control dated February 18, 1997, announcing a request
from the University of Minnesota Research Lab for unclaimed dogs and cats.
22. Administrative Orders:
D001142 Amending the 1996 budget of the Capital Improvement Budget fund in the Division of
Parks and Recreation for Mears Park Street Lighting and Streetscape Improvements.
D001143 Amending the 1996 budget in the Department of Public Works - Street Repair and
Cleaning Fund.
D001144 Amending the 1996 budget in the Department of Public Works - General Fund.
D001145 Approving payment, not to exceed $7,000, to various vendors for the 1996 Parks and
Recreation Volunteer Dinner on April 29, 1997.
D001146 Approving payment, not to exceed $6,500, for a Parks and Recreation Conference on
March 11, 1997, at Earle Brown Center.
D001147 Approving payment for expenses for Saint Paul Police Department participants at
seminars in relation to the Cops `N Kids program.
Noted as on file in the City Clerk's Office
23. Resolution - 97-159 - Approving the appointment of Jeanne Katz, by Mayor Coleman, to serve on
the Saint Paul Overnight Shelter Board. (Laid over from February 19 for adoption)
Adopted Yeas - 5 Nays - 0
24. Resolution - 97-180 -Approving the reappointment of Dr. Susan Cole, Jay Cowles, Victoria Davis,
Jack Hoeschler, and Pitriaa S y
,,,�t�ta� t%, by Mayor Coleman, to serve on the Saint Paul Riverfront
Corporation. (To be laid over one week for adoption)
Laid over to March 5 for adoption
25. Resolution - 97-176 - Approving the issuance of$2,295,000 Variable Rate Demand Industrial
Development Revenue Bonds to finance the costs to be incurred by Northern Iron Corporation.
(Laid over from February 19)
Adopted Yeas - 5 Nays -0
February 26, 1997, City Council Summary Minutes Page 4
26. Resolution - 97-181 - Authorizing the City to enter into an Agreement with the Neighborhood Health
Care Network to coordinate and provide health care services on behalf of former American Indian
Health Clinic clients.
Adopted Yeas - 5 Nays - 0
27. (Discussed after the consent agenda)
28. (Discussed after the consent agenda)
29. (Discussed after the consent agenda)
30. (Discussed after the consent agenda)
31. Resolution - 97-186 - Approving the appointment of Tienne Otteson as Legislative Aide to
Councilmember Mark Mauer.
Adopted Yeas - 5 Nays -0
32. (Discussed after the consent agenda)
33. Resolution - 97-188 - Finalizing City Council action taken December 11, 1996, granting the appeal
of David Sattinger and Ingunn Sachs from a decision of the Saint Paul Board of Zoning Appeals for
property at 2155 Lower St. Dennis Road.
Adopted Yeas - 5 Nays - 0
34. Resolution - 97-189 -Finalizing City Council action taken December 26, 1996, denying the appeal of
Peter Lobinsky to a decision of the Saint Paul Planning Commission pertaining to 672 Arcade Street.
Adopted Yeas - 5 Nays -0
35. Resolution - 97-190- Assigning the proper CDBG codes and completing the transaction for the
$1.451 million in CDBG funding for the Hazel Park Recreation Center project.
Adopted Yeas - 5 Nays - 0
36. Resolution - 97-191 - Requesting appropriation from the State Legislature for the "Greening the
Great River Park" project.
Adopted Yeas - 5 Nays - 0
37. Resolution - 97-192 -Modifying authorization for the process surrounding after-school youth
enrichment capital funds.
Adopted Yeas - 5 Nays -0
FOR DISCUSSION
27. Resolution - 97-182 - Accepting the Council Investigation and Research Center's performance audit
report of Saint Paul's Animal Control Unit.
Councilmember Blakey asked if the Council was just accepting this report or were any of the
recommendations being considered. Council President Thune responded acceptance does not mean
the Council agrees or disagrees with the conclusions and recommendations.
February 26, 1997, City Council Summary Minutes Page 5
Councilmember Blakey moved approval.
Adopted Yeas - 5 Nays - 0
28. Resolution - 97-183 - Requesting the State of Minnesota to allow cities and counties to enact laws
relating to pistols and assault weapons and supporting other measures to reduce gun violence.
Councilmember Megard moved approval.
In response to a question raised by Councilmember Rettman, Councilmember Megard stated that the
resolution speaks to amending the State Statutes, not lifting the presumption. Ms. Rettman asked
for the difference between the two. Phil Byrne, City Attorney, stated the presumption document
states localities cannot pass ordinances. The Council can ask the Legislature to change the rules so
the Council would not be preempted from regulating.
Tim Marx, Mayor's Office, stated this changes the presumption at the State Legislature to allow the
City to adopt restrictions that it does not have currently and would lead to the possibility of non
uniform restrictions throughout the State. The Mayor's Office does not think that is a good idea.
The best place to have these laws is at the State level so they are uniform. The Mayor's Office is
willing to work with anyone to put in the legislative gun programs that make sense. Saint Paul has
all the laws on the books that are needed; what the City needs is better and more targeted
enforcement.
Adopted Yeas - 5 Nays - 0
29. Resolution - 97-184 - Authorizing employment of a project manager in the Office of the City
Council to coordinate anti-gun activities, develop long-term strategies and see to the implementation
of specific programs related to anti-gun violence.
Councilmember Rettman stated she would support the resolution if one of the current Council
Research employees was designated for this position but she could not see the wisdom of creating
another position out of the COPP money. She said she has felt the COPP program should be
discontinued, but it was the will of the majority to continue it because it provided opportunities in the
neighborhoods to do various programs.
Councilmember Blakey stated he talked to numerous people who had worked on this and he posed to
them the question of what can be done in Saint Paul to stop gun violence. There was 100%
consensus to get a landscape of what everyone is funding--Saint Paul, the business community, and
the foundations--to stop gun violence.
Councilmember Rettman further added that this taask could be handled in the Police Department.
Councilmember Blakey responded that stopping gun violence is not a police issue but a community
issue. This Council made a commitment to hire five officers to handle juvenile prevention. Those
officers were removed and put into the Gang Violence Unit. Mr. Blakey said he would like the
Council to give two years to look at how gun violence can be stopped.
February 26, 1997, City Council Summary Minutes Page 6
Tim Marx stated Chief Finney and he visited with Councilmember Blakey on this issue. The
$50,000 of public resources is a concern and it is felt those resources should be utilized by the Police
Department for this function. If the Police Department is the place to deliver public safety services,
it should be providing that coordinating role for all of the gun safety programs. The Police
Department is very active in this area.
Councilmember Megard stated this person could be supervised out of the Police Department and
pointed out that sworn police officers earn more than $50,000. Ms. Megard said she sees this person
as a civilian, knows how to do community organizing, and can draw this issue together. She said she
would like to see this passed for a two year period, supervised by the Police Department, but
reporting to the Council on activities. She did not feel the Council should be in a position of hiring
staff to do extra things.
Councilmember Rettman asked if the Program Administrator is one of the Civil Service titles.
Councilmember Blakey responded it would not be Civil Service. The salary would be approximately
$38,000 and with benefits would total about$50,000.
Councilmember Megard moved the following amendment which Councilmember Blakey accepted as
friendly. On Line 14 after the word and add "in cooperation with the Saint Paul Police Department".
Phil Byrne stated this puts the City Council in the business of administrating programs and crossing
the boundaries of separation of powers. The City Council is the legislative body and this gets the
Council into executing programs. Mr. Byrne offered to look into this further and render an opinion.
Adopted as amended Yeas -4 Nays - 1 (Rettman)
30. Resolution - 97-185 - Approving payment of$24,000 to Cynthia Guidaboni in full settlement of her
claim against the City of Saint Paul.
Councilmember Blakey was concerned that Internal Affairs at the Police Department may not have
conducted their investigation properly. Councilmember Rettman concurred.
Councilmember Rettman moved a layover to March 5.
Laid over to March 5 Yeas - 5 Nays - 0
32. Resolution - 97-187 - Authorizing an amendment to the Pledge Agreement for the Parking and
Transit Fund.
Councilmember Rettman moved to layover to March 12
Laid over to March 12 Yeas - 5 Nays - 0
38. Resolution - 97-2 - Accepting and adopting the "Business Plan: Implementation of a Comprehensive
Housing Strategy" developed by the Department of Planning and Economic Development. (Laid
over from February 12)
Councilmember Megard moved to layover to March 19 to coincide with the discussion on the
Houses to Homes Program. Pamela Wheelock, PED, was agreeable to the layover; particular issues
February 26, 1997, City Council Summary Minutes Page 7
and feedback from the Councilmembers will enable PED to get information addressed, she said.
Laid over to March 19 Yeas - 5 Nays - 0
ORDINANCES
39. Third Reading - 97-146 - An ordinance amending Chapter 60 of the Saint Paul Legislative Code
pertaining to zoning for the City of Saint Paul and the zoning maps thereof. (Rezone property at 110
West Sycamore Street from B-3 to I-1) (Public hearing held January 22)
Laid over to March 5 for final adoption
40. Second Reading - 97-177 - An ordinance amending Section 2.05 of the Saint Paul Charter in
accordance with Minn. Stat. § 410.12.
Laid over to March 5 for third reading/public hearing
At this time a moment of silence was observed in memory of John Drew who served on the Council from
1984 to 1988 and passed away recently.
(The meeting was recessed from 4:20 p.m. to 4:40 p.m.)
Present- 5 Absent - 2 Bostrom and Mauer(both excused)
PUBLIC HEARINGS
41. Third Reading - 97-52 - An ordinance amending Chapter 366 of the Saint Paul Legislative Code to
require permits for use of downtown parks for community festivals and special events.
Mike Hahm, Parks and Recreation Commission staff person, appeared and requested the Council lay
over this matter to April 16 to allow time for the Commission to take final action at their April 9
meeting.
Councilmember Mauer moved a layover to April 23 as April 16 will be a policy meeting.
Laid over to April 23 for continuation of third reading/public hearing
Yeas - 5 Nays - 0
42. Third Reading- 97-91 - An ordinance amending the Saint Paul Legislative Code Section 43.02 to
improve the definition of owner.
No one appeared in opposition; laid over to March 5 for final adoption
43. Third Reading - 97-144 - An ordinance establishing the position of Library Director in the
unclassified service pursuant to Section 12.03.2(H) of the City of Saint Paul Charter.
Councilmember Megard presented information that her staff put together on this issue of taking a
position out of the unclassified service. Ms. Megard raised two questions: will it increase the
number of mayoral appointments?; and should the head of the library position be a political
appointment? Most library directors surveyed are appointed by a library board. This appointment
would have to be reviewed by the Civil Service Commission and not the Charter Commission.
Laid over to March 5 for final adoption
February 26, 1997, City Council Summary Minutes Page 8
44. Third Reading - 97-145 - An ordinance amending Chapter 21 of the Administrative Code, entitled
Officer's Qualifications, by establishing minimum qualifications for the unclassified position of
Library Director.
Councilmember Rettman requested an opinion from the City Attorney with regard to the use of the
word "director."
Laid over to March 5 for final adoption
45. Resolution - 97-100 - Concerning adverse action against cigarette license held by Utecht Foods, Inc.,
dba Jubilee Foods, 2481 7th Street West. (Uncontested) (Laid over from February 5)
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 5 Nays - 0
46. Resolution - 97-113 - Concerning adverse action against cigarette license held by Snyder Drug, 2083
Ford Parkway. (Uncontested) (Laid over from February 5)
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 5 Nays - 0
47. Resolution - 97-114 - Concerning adverse action against cigarette license held by SuperAmerica
#4414, 2065 Randolph Avenue. (Uncontested) (Laid over from February 5)
No one appeared in opposition; Councilmember Mauer moved approval.
Adopted Yeas - 5 Nays -0
48. Resolution - 97-193 - Concerning adverse action against cigarette license held by Amoco Oil
Company, dba A.C.A. Management#351, 623 Como Avenue. (Uncontested)
Kevin Nelson, Amoco Oil Company, appeared and stated Amoco takes a position as a responsible
citizen. When employees are hired, they are put through a training program which consists of videos
and an understanding about the sale of tobacco to minors. They sign an acknowledgment that they
have gone through this training. It is a condition of employment and if someone is not in
compliance, they are terminated. Since December 12, when a cigarette sale is entered into the
system, on the screen will appear a spot for the clerk to enter the date of birth. If that person is not of
legal age, the sale does not go through the register. Amoco is also working in the community doing
awareness seminars.
Councilmember Rettman commended Mr. Nelson for the responsible way he is operating his
business.
Councilmember Rettman moved approval .
Adopted Yeas - 5 Nays - 0
49. Resolution - 97-194 - Concerning adverse action against cigarette license held by Mickey's Diner,
1950 7th Street West. (Uncontested)
(Blakey left)
February 26, 1997, City Council Summary Minutes Page 9
Kim O'Donnell, representing Mickey's Diner, appeared and stated Mickey's Diner has in good faith
followed the rules set forth by Saint Paul. Ms. O'Donnell asked that the fine be waived based on the
following: access to the cigarette machine is by remote control and only the cashiers have the ability
to turn it on. Mickey's Diner's policy is to check all identification before turning on the cigarette
machine. This is taught in training, is in the handbook, and in the monthly newsletter. The
employee responsible for this was terminated when this incident occurred. Both cigarette machines
have been removed from the Mickey's Diner locations.
Kim O'Donnell stated that on 9/18/96 the fine for violation of cigarette sales was waived for
Suburban Amoco. Ms. O'Donnell asked for the same consideration.
Virginia Palmer, Assistant City Attorney, responded the recommendation is for a$200 fine. The
matter to which Kim O'Donnell referred is an action against Suburban Amoco in which there were
factual problems with proving any sales had taken place. There was a criminal charge that was not
prosecuted as a violation.
Council President Thune stated the Council had never waived a charge and he was not in favor of
changing that.
Councilmember Megard moved approval.
Adopted Yeas -4 Nays -0 (Blakey not present for vote)
50. Resolution - 97-195 - Concerning adverse action against cigarette license held by Novak's On
Randolph, 919 Randolph Avenue. (Uncontested)
No one appeared in opposition; Councilmember Mauer moved approval.
Adopted Yeas - 4 Nays - 0 (Blakey not present for vote)
(Blakey returned)
51. Resolution - 97-196 - Concerning adverse action against cigarette license held by St. Clair Broiler,
Inc., 1580 St. Clair Avenue. (Uncontested)
No one appeared in opposition; Councilmember Mauer moved approval.
Adopted Yeas - 5 Nays - 0
52. Resolution - 97-197 - Concerning adverse action against cigarette license held by Unbank Co. III,
467 St. Peter Street. (Uncontested)
Stuart Tapper, part owner, appeared and stated he felt it was in the best interest to not terminate the
new employee, who acknowledged she made a mistake.
Councilmember Blakey moved approval.
Adopted Yeas - 5 Nays - 0
February 26, 1997, City Council Summary Minutes Page 10
53. Resolution - 97-198 - Approving application for an Off Sale Malt, Grocery-C, and Cigarette License
by Kab Yang, dba Artkes Mini Market, 1190 Randolph Avenue. (ID#66969)
No one appeared in opposition; Councilmember Mauer moved approval.
Adopted Yeas - 5 Nays - 0
54. Resolution - 97-199 - Approving application for a Gambling Manager's License by Jennifer J. Olson,
dba Children's Program of Northern Ireland at Patrick's Lounge, 1318 West Larpenteur Avenue. (ID
#49320)
No one appeared in opposition; Councilmember Rettman moved approval.
Adopted Yeas - 5 Nays - 0
55. Resolution - 97-200 - Approving application for a State Class B Gambling Premise Permit by Cheryl
Kerner, on behalf of Children's Program of Northern Ireland at Patrick's Lounge, 1318 West
Larpenteur Avenue. (ID#04567)
No one appeared in opposition; Councilmember Rettman moved approval.
Adopted Yeas - 5 Nays - 0
56. Resolution - 97-201 - Approving application for an Auto Repair Garage License by Asian Auto
Tech, 874 Maryland Avenue East. (ID#24311)
Keith Meyer, 864 E. Maryland, appeared and stated he lives next door to this establishment. His
concern was the Number 6 condition on the license pertaining to the existing wood screen fence
being restored. The fence is in extreme disrepair because sections were removed, he said. He
inquired if the fence could be extended to the sidewalk as there is a foot path worn into the ground
on his property.
Vang Xiong, owner, appeared and stated he is willing to do the fence work if the City will allow him
to go through the permit process.
Phil Byrne stated this is fine as long as the owner is willing to accept the condition.
Councilmember Megard moved approval.
Adopted as amended Yeas - 5 Nays - 0
57. Resolution - 97-202 - Approving application for a General Repair Garage License by Steven Haney,
594 West Maryland Avenue. (ID#74951)
No one appeared in opposition; Councilmember Rettman moved a two week layover
Laid over to March 12 Yeas - 5 Nays - 0
February 26, 1997, City Council Summary Minutes Page 11
58. Public hearing to consider the report of the Administrative Law Judge concerning adverse action
against licenses held by Sharon Casselman, dba Home Sweet Home Antiques, 941 Grand Avenue.
(Laid over from January 2)
Council President Thune requested a two week layover.
Councilmember Rettman moved to layover to March 12.
Laid over to March 12 Yeas - 5 Nays - 0
59. Public hearing to consider the report of the Administrative Law Judge concerning adverse action
against licenses held by Credit Auto Sales, Inc., 859 University Avenue West.
No one appeared in opposition; Councilmember Mauer moved approval of the Administrative Law
Judge's report.
Accepted Findings of Fact, Conclusions, and Recommendation of the Administrative Law Judge
Yeas- 5 Nays - 0
60. Public hearing to consider the report of the Administrative Law Judge concerning the license
application of Private Protection, Inc., 920 Selby Avenue.
The following people spoke against the license:
Phil Shepherd, representing a coalition of neighborhood groups
Anthony Bohaty, 925 Dayton Avenue
Delores Henderson, Principal at J.J. Hill School
Christopher Crutchfield, 87 N. Milton#4
Kath Ouska, 1061 Laurel, Laurel Avenue Block Club, J.J. Hill Safety Committee
Ellen Barlow, 905 Selby, Executive Director at Inner City Youth League
Monroe Walker, lives a block from 920 Selby
Rachel Hertel, 885 Hague Avenue
Linda Wolthe, 992 Laurel
Virginia Palmer stated this license application was the subject of an Administrative Law Judge
hearing on January 7 which offered a forum for the public to speak. The license application is being
referred to as People's Choice but the license application is actually in the name of Private
Protection, Inc., Carl and Elizabeth Green. They are seeking a Cabaret-A and Restaurant-C license
for the location formerly occupied by People's Choice. The position of License, Inspections and
Environmental Protection is that the licenses sought should be issued because there was no evidence
presented that Carl and Elizabeth Green are not fit applicants for the licenses. Neighbors testified at
the hearing about the detrimental effect the former People's Choice had on the area, but the law does
not permit the past bad acts of a licensee to be used against a new unrelated licensee, Palmer stated.
Ms. Palmer referred to the case of Wajca versus the City of Minneapolis in 1976 case which held the
City of Minneapolis acted capriciously and arbitrarily in denying the license based on public
testimony which related to the problems that a prior business at the location had when a license was
February 26, 1997, City Council Summary Minutes Page 12
being sought by a new unrelated licensee. Ms. Palmer noted that no one testified at the January 7
hearing that they knew anything to the detriment of Carl Green as a license applicant.
One of the obvious concerns is People's Choice resurging because of the use of the name and
whether the business would be a problem if operated with a different name. There was no testimony
that people might be attracted to the establishment would stay there. If Carl Green runs a business
that is law abiding and operated in such a way to keep problem people away, there is no reason to
believe they will stay. If that was the concern, the obvious solution would be to add a condition to
the license that the name not be People's Choice.
Ms. Palmer stated that a Saint Paul police officer did testify that any business at that location is going
to have a problem with drug activity which continues to be a problem on that corner. Two neighbors
also testified that no business could operate at that location without being a nuisance. To say no
legitimate business can operate on that corner is too broad and sweeping a statement to make; a well
managed business can be operated there.
Virginia Palmer addressed the findings and conclusions presented by the intervenor's attorney. Mr.
Shepard referred to testimony of a real estate agent that property values would decrease because of
the association with the former People's Choice. There is no evidence this would be the case,
Palmer said. It is important the Council distinguish what the testimony was with regard to concerns
about the old People's Choice and the operation of a new business at that location. About the
increase in problems and drug activity, the testimony did not show any real evidence that would
happen. There is nothing about the business decision to purchase the name of the business that was
illegal and candescent. Mr. Green's refusal to distance himself from that name is not in itself a
reflection on his moral character. Also, Mr. Green's lack of experience in the restaurant industry
does not translate into an inability to run a lawful business.
The only basis on which the Council can reasonably and rationally deny a license to this applicant is
if it believes the facts show he is unfit or the facts show the location cannot sustain a restaurant/
cabaret.
The following spoke in favor of the license:
Carl Green urged the Council to listen to what Virginia Palmer and the Administrative Law Judge
said. He stated he is entitled to the same opportunity as any other business person in Saint Paul.
Latonya Roby, 697 Cook
Gwen Reed, 824 Van Buren
There being no one else to testify, Councilmember Blakey moved to close the public hearing.
Yeas - 5 Nays - 0
Councilmember Blakey moved to deny the license based on the findings of fact. He said he has
looked at the evidence, listened to the tapes, heard the testimony at this meeting and at the
Administrative Law Judge hearing. Mr. Blakey amended the Findings of Fact and the Conclusions
of Law and went over each amendment with the Council.
February 26, 1997, City Council Summary Minutes Page 13
Mr. Blakey said he feels the applicant has targeted his marketing to a specific audience and
understands who he will draw to the People's Choice. There is a term called branding in the
marketing field where a person can pick out a name to attract a certain client. Also, there is
sufficient evidence through testimony that this license will unreasonably annoy, injure, or endanger
the safety, health, morals, comfort, or repose of a considerable number of members of the public.
Councilmembers concurred with Councilmember Blakey.
Councilmember Blakey moved to accept the Findings of Fact, Conclusions, and Recommendation
of the Administrative Law Judge as amended - License Application Denied
Yeas - 5 Nays - 0
61. Public hearing to consider the report of the Administrative Law Judge concerning the cigarette
license held by Scanlon's Ace Box Bar&Pub, Inc., dba Dublin Bar, 2162 University Avenue West.
Virginia Palmer appeared and stated she has filed written exceptions to the ALJ report that came
back with a finding that the City had not proven by sufficient reliable testimony that a sale of tobacco
did occur. The issue is whether the City did approve by a preponderance of the evidence that the
licensee sold tobacco products to a minor on October 26, 1996. The ALJ found it had not been
proven. The Licensing inspector testified that she took a 16 year old female to Scanlon's to purchase
cigarettes and she had no identification on her. She returned with cigarettes and change. The All
felt the purchase could have been made at two other places. Ms. Palmer asked the Council to adopt
the amended findings of fact and conclusion of law that she has prepared.
Tom Scanlon, owner, appeared and stated the City was represented at the hearing by Virginia Palmer
and she presented the same argument to the ALJ. No one saw the cigarette sale.
The public hearing was closed.
Council President Thune suggested the Council accept the written exceptions presented by the City
Attorney stating he disagrees with the All conclusions based on Ms. Palmer's presentation.
Councilmember Megard stated it is clear cigarettes were purchased. She requested a report on the
cost of the All hearing.
Councilmember Megard moved to adopt the findings of fact and conclusions of the administrative
law as amended by the written exceptions presented by the City Attorney's Office, impose the
fine of$200, and waive the cost of the All hearing.
Councilmember Rettman stated the decoy did not testify at the hearing and the ALJ report states it
was based on hearsay. Ms. Palmer stated decoys do not testify because they are told by Licensing
that their identity will be kept confidential.
February 26, 1997, City Council Summary Minutes Page 14
Accepted Findings of Fact and Conclusions of the Administrative Law Judge as amended by the
written exceptions filed on behalf of the Office of License, Inspections and Environmental
Protection, which provides a $200.00 fine. The cost of the All hearing was waived.
Yeas - 4 Nays - 1 (Rettman)
62. Resolution - 97-203 - Approving the decision of the Legislative Hearing Office for Property Code
Enforcement Appeals for property at 624 Summit Avenue, 526 Bidwell Street, 46 and 48 West
Isabel, and 2060 East Minnehaha Avenue.
No one appeared in opposition; Councilmember Mauer moved approval.
Adopted Yeas - 5 Nays - 0
63. Appeal of Alisha Duncan to a summary abatement for property located at 648 Watson Avenue.
(Legislative Hearing Officer recommends denying the appeal as the matter was resolved prior to
the hearing)
Councilmember Rettman moved to deny the appeal as the matter was resolved.
Appeal denied Yeas - 5 Nays - 0
64. Resolution - 97-204 - Vacating portions of Windmill Street, Residence Street, Clear Avenue and
Cottage Street for the purpose of constructing a business/industrial park.
No one appeared in opposition; Councilmember Mauer moved approval.
Adopted Yeas - 5 Nays - 0
(Rettman left)
65. Public hearing to consider the application of Daniel and Linda Burns to rezone property from RM-
2 (multiple family residential) to B-3 (general business) to allow expansion and remodeling of the
existing auto repair business at 982 Grand Avenue (south side between Chatsworth and Oxford).
Kady Dadlez, Department of Planning and Economic Development, appeared and stated the
existing duplex on the property would be removed to allow for the parking lot to be developed on
the site. It would provide 14 off street parking spaces with access on Grand Avenue and egress
to the alley. Staff recommended denial of the petition to rezone finding that it was not in
conformance with the Comprehensive Plan, it could have an adverse impact on surrounding
property, and the existing zoning allows reasonable use of the property. This part of Grand
Avenue is identified in the Comprehensive Plan and the East Grand Avenue Small Area Plan,
which staff found is not in conformance with the conservation area. Within conservation areas,
rezoning should be opposed and removal of houses for parking should be opposed as well. The
Zoning Committee recommended to approve the rezoning following the public hearing. The
committee found the rezoning was in conformance with the Comprehensive Plan and would not
have an adverse impact on the surrounding property. The Planning Commission recommended
approval of the rezoning. District 16 voted to support the applicant's plan for expansion but not
the rezoning to B-3 but rather to P-1.
February 26, 1997, City Council Summary Minutes Page 15
Council President Thune asked for the implications of going to a different type of zoning than that
proposed. Phillip Byrne stated there was a case in Minneapolis in which the court said the people
who signed the consent petition must be presumed to have consented to the rezoning that was
requested in the consent petition and that the Council cannot go back and adopt a different
rezoning without going back to the people who signed the consent to see whether they accepted
that.
Brian Alton, attorney represented Daniel and Linda Burns, appeared and stated the Burns plan to
renovate the outdated structure and make something that will be an improvement to Grand
Avenue. They will have a plan that will reduce traffic and parking problems. They plan to
relocate the duplex.
(Rettman returned)
Duane Kell, Ankeny Kell Architects, appeared and explained the proposed plans for the site.
Council President Thune asked what structures are on the block. Kady Dadlez responded the
commercial uses are on the corners of Chatsworth and Oxford in that block and the middle of the
block is all residential.
Brian Alton stated that confining commercial use to the corners is consistent with the East Area
Grand Avenue Plan. The petition for rezoning was to B-3 because that is consistent with the
present Lloyd Automotive site. The property owner circulated a petition and received consent of
11 of the 14 property owners for the B-3 zoning. The site plan was circulated with the petition so
people could see what the use of that property would be. If the petition was amended to P-1
instead of B-3, that would not change the petition. Everyone that signed the petition consented to
the property being a parking area for Lloyd's Automotive.
Council President Thune asked if there were any suggestions as to how far the City should go with
removing homes and trying to keep the residential and commercial mix. Brian Alton responded
there are significant zoning restrictions on Grand Avenue. In this particular instance, the
neighborhood will be improved rather than having a detriment, the parking problems associated
with this corner will be alleviated, and there will be better traffic flow because curb cuts will be
removed. At some point there cannot be unfettered conversion of residential structures to business
uses. In this case and on this block, the next several buildings are all multiple family dwellings.
They are all large brick buildings and it is not perceived that any of them will be demolished for
commercial use.
The following appeared in opposition to the zoning change.
Chris Trost, Executive Director of Summit Hill Association District 16 Planning Council
Roslyn Goldberg, 1023 Grand Avenue
Carolyn Gay, 1004 Grand Avenue
Mary Murray, 1006 Grand Avenue
Councilmember Rettman moved to close the public hearing. Yeas - 5 Nays - 0
February 26, 1997, City Council Summary Minutes Page 16
Councilmember Megard asked the City Attorney to explain what would happen if the B-3 zoning
was denied. Phil Byrne responded that the most conservative and safest interpretation is that the
owner could go back through the process of the Planning Commission. The next least risky
procedure would be to lay over the B-3 petition and request the owner to get the amended
petitions and consents. Then the Council has satisfied the statute and could grant the rezoning on
a majority vote. The next fall back position would be to lay this over, have the owner get his
amended consent, and consider the question of the P-1 zoning.
Council President Thune expressed concern and suggested the Council take Phil Byrne's
suggestion, lay this over for two weeks, ask the owner to get amended signatures, and make the
motion to allow a P-1 parking variance.
Councilmember Blakey asked if the house would still be moved with that suggestion. Council
President Thune responded the intention is to move the house but the Council cannot require that
as a condition of the zoning.
Councilmember Megard moved a two week layover with the intention that amended consent
signatures and site plans will come back. She said she would also like the issue of using the alley
addressed and putting some restrictions on the alley use.
Councilmember Rettman suggested the cost be waived of an additional petition.
Councilmember Megard asked if this issue is under the 60 days limit. Mr. Alton agreed to waive
it.
Laid over to March 12 Yeas - 5 Nays - 0
66. Public hearing to consider the application of the Saint Paul Port Authority for a preliminary and
final plat to allow the property at Arlington Industrial Park, west side of I35E between Arlington
and Maryland, to be subdivided into five lots for industrial development.
No one appeared in opposition; Councilmember Rettman moved approval.
Motion of intent - application approved Yeas - 5 N. s - 0
Councilmember Blakey moved to adjourn the meeting.
Roll Call Yeas - 5 Nays - 0
.04411 AT e. 0 P.M.
1111111,
Da id Thune cil President
ATTEST:
'nutes 1roved by Council
Nancy derson
Assistant Council Secretary
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