Approved Minutes 3-5-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, March 5, 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 - 7 - Councilmembers Blakey, Bostrom, Harris, Mauer, Megard, Rettman, Thune
Absent - 0
CONSENT AGENDA
Councilmember Blakey requested Item #21 be removed for discussion.
Councilmember Rettman requested item #23 be removed for discussion.
Councilmember Megard requested Item #28 be removed for discussion.
Councilmember Bostrom requested Item#29 be removed for discussion.
Councilmember Harris moved approval of the consent agenda as amended. Yeas - 7 Nays - 0
Council President Thune recognized outgoing Councilmember Mark Mauer and presented him with a
plaque on behalf of the City Council. Mr. Mauer responded with thanks and appreciation.
FOR ACTION
1. Approval of minutes of February 12, 1997.
Adopted Yeas - 7 Nays - 0
2. Claims of Richard Andre, Sheila Barnes, Scott Bloomquist, Jeanne Clemens, Donald Freundl,
David Gassman, Judith Larson, Jill Markovich, Antonio Mendoza, Jessica Meza, Vicki Olson,
Rural Insurance (for David Easter), Steven Samuelson, and Paul Wilhoit.
Referred to Risk/Employee Management Division
3. Summons and Complaint in the matter of Yoshett Brock vs. the City of Saint Paul, et. al.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of William J. Quinlan vs. the City of Saint Paul.
Referred to the City Attorney's Office
5. Stipulation in the matter of State of Minnesota vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
March 5, 1997, City Council Summary Minutes Page 2
6. Notice of Appeal of Award of Commissioners' in the matter of the Port Authority of the City of
Saint Paul vs. the City of Saint Paul, et. al.
Referred to the City Attorney's Office
7. First Amended appeal and Complaint and Allegations and Supporting Exhibits in the matter of
Patrick A. Carlone vs. the City of Saint Paul, et. al.
Referred to the City Attorney's Office
8. Letter from the Office of the City Attorney announcing a public hearing before the City Council
on March 12, 1997, to consider the report of the Administrative Law Judge concerning adverse
action against licenses held by E.&K. Corporation, dba Checker's Nite Club, 1066 7th Street East.
9. Letter from the Office of the City Attorney announcing a hearing before the City Council on
March 12, 1997, concerning adverse action against the cigarette license held by Conoco
Automotive, 1208 Arcade Street.
10. Letter from the Office of the City Attorney announcing a public hearing before the City Council
on March 12, 1997, concerning adverse action against licenses held by Kirk Auto Service, 880
Selby Avenue.
11. Letter from the Office of the City Attorney announcing a public hearing before the City Council an
Administrative Law Judge on March 25, 1997, 9:30 kin., Room 41;'St Paul City Hall, concerning
adverse action against the cigarette licenses held by Good International Corp., dba Convenience of
West 7th, 499 West 7th Street.
12. Letter from the Office of the City Attorney announcing a public hearing before the City Council
on April 2, 1997, to consider the report of the Administrative Law Judge concerning adverse
action against licenses held by Lewis Stevens, dba Civic Center Auto service, 459 Toronto Street.
13. Letter from the Office of License, Inspections and Environmental Protection announcing a public
hearing before the City Council on March 26, 1997, to consider the appeal of Don and Corinne
Scherbert to a decision of the Board of Zoning Appeals granting a side yard setback variance in
order to construct an attached garage at 2412 Carter Avenue.
14. Letter from Saint Paul Public Health declaring 557 Jenks Avenue and 850 Maryland Avenue East
as "nuisance property." (For notification purposes only; public hearing will be scheduled at a
later date if necessary.)
15. Communication from Saint Paul Animal Control dated February 24, 1997, announcing a request
from the University of Minnesota Research Lab for unclaimed dogs and cats.
16. Administrative Orders:
D001148 Amending the 1996 budget in the Office of Human Resources by moving salary
dollars from activity where staff was budgeted to the activity where staff was paid.
March 5, 1997, City Council Summary Minutes Page 3
D001149 Addition of$110,925.94 to the contract for 95 Inflow & Infiltration Corrections.
D001150 Addition of$2,583.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction Multiscope - Parking Ramp.
D001151 Addition of$4,049.00 to the contract for Mears Park Sidewalk Replacement.
D001152 Addition of$17,417.00 to the contract for Burlington Northern Pond Outlet.
D001153 Addition of$7,154.00 to the contract for Saint Paul Civic Center Expansion, CP-1
Science Museum Turnaround.
D001154 Addition of$3,253.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001155 Addition of$15,460.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction.
D001156 Amending the 1996 budget in the Department of Public Works to revise the 1996
traffic operations general fund budget.
Noted as on file in the City Clerk's Office
17. Resolution - 97-180 - Approving the reappointment of Dr. Susan Cole, Jay Cowles, Victoria
Davis, Jack Hoeschler, and Patricia J. Tototzintle, by Mayor Coleman, to serve on the Saint Paul
Riverfront Corporation. (Laid over from February 26 for adoption)
Adopted Yeas - 7 Nays - 0
18. Resolution - 97-205 - Approving the appointments of Donavan Cummings and Jose Verdeja, and
the reappointments of Mary Thoemke and Richard Miller, by Mayor Coleman, to the Capital
Improvement Budget Committee. (To be laid over one week for adoption)
Laid over to March 12 for adoption
19. Resolution - 97-206 - Approving the reappointments of Russell J. Miller and Stephen Wellington,
and the appointments of John Fahey, Cornell Tandooahnippah, Stephen D. Gordon, Ruby Lee,
John Margot, Thomas Olesak, Kathleen Sundberg, and Ron Whitcomb, by Mayor Coleman, to the
Neighborhood Sales Tax Reinvestment (STAR) Program Board of Directors. (To be laid over one
week for adoption)
Laid over to March 12 for adoption
20. Resolution - 97-207 - Approving the appointments of Isabel A. Chanslor and Julia M. Cruz, by
Mayor Coleman, to serve on the Saint Paul Human Rights Commission. (To be laid over one
week for adoption)
Laid over to March 12 for adoption
21. (Discussed after the consent agenda)
22. Resolution - 97-209 - Authorizing the Division of Parks and Recreation to undertake a Pest
Control Program on City park properties and post notification of same.
Adopted Yeas - 7 Nays - 0
23. (Discussed after the consent agenda)
March 5, 1997, City Council Summary Minutes Page 4
24. Resolution - 97-211 - Authorizing the proper City officials to accept and expend $59,139.00 of
grant funding made available through the Saint Paul Public Housing Agency for youth
programming and teen council activities at McDonough Recreation Center.
Adopted Yeas - 7 Nays - 0
25. Resolution - 97-212 - Authorizing the Department of Fire & Safety Services to enter into a fire
protection contract with Minnesota Mining and Manufacturing Company and the City of
Maplewood.
Adopted Yeas - 7 Nays - 0
26. Resolution - 97-213 - Establishing "No Parking 8AM-8PM, Monday through Friday, Except by
Permit" on both sides of Portland Avenue between Howell Street and Prior Avenue.
Adopted Yeas - 7 Nays - 0
27. Resolution - 97-214 - Accepting the Adverse Lending Report on Attachment A and authorizing the
Neighborhood STAR Board to begin review of the Neighborhood STAR Small Grant
Applications.
Adopted Yeas - 7 Nays - 0
28. (Discussed after the consent agenda)
29. (Discussed after the consent agenda)
30. Resolution - 97-217 - Finalizing City Council action taken November 13, 1996, denying the
application of 2145 Limited Liability Partnership to modify or delete restrictions previously
imposed by the City Council on the building located at 2145 Ford Parkway.
Adopted Yeas - 7 Nays - 0
31. Resolution - 97-218 - Requesting an extension of time to complete work being done on a building
at 282 Harrison Avenue.
Adopted Yeas - 7 Nays - 0
32. Preliminary Order - 97-219 - In the matter of sidewalk reconstruction both sides of East Cottage
Avenue from Mendota Street to Forest Street; the west side of North Hazel Street from East
Seventh Street to Stillwater Avenue; both sides East Hyacinth Avenue from Mendota Street to
Forest Street; both sides of East Ivy Avenue from Mendota Street to Forest Street; both sides of
East Seventh Street from North White Bear Avenue to Van Dyke Street and the north side of East
Seventh Street from Van Dyke Street to North Hazel Street; and both sides of York Avenue from
Walsh Street to Weide Street, and setting date of public hearing for April 23, 1997. (File
#S97018-S97023)
Adopted Yeas - 7 Nays - 0
March 5, 1997, City Council Summary Minutes Page 5
33. Preliminary Order - 97-220 - In the matter of sidewalk reconstruction on both sides of East Fourth
Street from Forest Street to Cypress Street; both sides of North Howard Street from Bush Avenue
to East Seventh Street; both sides of Lake Street from East Seventh Street to Stillwater Avenue;
both sides of East Sixth Street from Arcade Street to Mendota Street; both sides of East Sixth
Street from Forest Street to Cypress Street; both sides of East Sixth Street from Mendota Street to
Forest Street; and both sides of East Sixth Street from North Winthrop Street to North McKnight
Road, and setting date of public hearing for April 23, 1997. (File #S97024-S97030)
Adopted Yeas - 7 Nays - 0
34. Preliminary Order - 97-221 - In the matter of sidewalk construction on the east side of Darlene
Street from East Hoyt Avenue to East Idaho Avenue, the west side of David Street from East Hoyt
Avenue to East Idaho Avenue, and the south side of East Idaho Avenue from Darlene Street to
David Street, and setting date of public hearing for April 23, 1997. (File #S97031)
Adopted Yeas - 7 Nays - 0
21. Resolution - 97-208 - Supporting an application for National Community Development Initiative
Funding.
Councilmember Blakey moved to add language to line #49 after "community development
corporations" as follows: "and other neighborhood based housing and commercial development
organizations."
Councilmember Rettman requested that the City Council receive copies of the Local Initiatives
Support Corporation (LISC) proposal.
Councilmember Blakey moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
23. Resolution - 97-210 - Directing the Division of Parks and Recreation to enter into an agreement
with the Public Housing Agency authorizing the City to manage the recreation space at
McDonough Community Center.
Councilmember Rettman moved to introduce a substitute resolution.
Roll Call Yeas - 7 Nays - 0
The substitute changed the name "Public Housing Authority" to "Public Housing Agency".
Councilmember moved approval of the substitute resolution.
Substitute adopted Yeas - 7 Nays - 0
Councilmember Megard moved to recess the City Council meeting for consideration of the HRA
agenda.
Roll Call Yeas - 7 Nays - 0
March 5, 1997, City Council Summary Minutes Page 6
1. Resolution approving the Financial Assurance and Settlement Agreement between the HRA,
City of Saint Paul and the University of Minnesota in connection with Hubbard Broadcasting
Inc. Development. (Correlates with#28 on City Council Agenda)
(Refer to March 5, 1997, HRA minutes)
The HRA meeting was adjourned and the City Council meeting resumed at 4:10 p.m..
28. Resolution - 97-215 - Approving the Response Order and Financial Settlement Agreement for the
Hubbard Project. (Correlates with#1 on HRA Agenda)
(Refer to March 5, 1997, HRA minutes)
Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
29. Resolution - 97-216 - Establishing years 1998 through 2002 of the Residential Street Paving
Program.
Councilmember Bostrom made a motion that the "Railroad Island" project be added to year 1998,
Project #21, and "Hewitt Pascal west of Fulton" project to year 1999, Project #58.
Adopted as amended Yeas - 7 Nays - 0
FOR DISCUSSION
35. Resolution - 97-69 - Authorizing financing in the amount of$2,340,000.00 for the purchase of
Civic Center Equipment. (Laid over from February 12)
Councilmember Rettman moved to lay over two weeks.
Laid over to March 19 Yeas - 7 Nays - 0
36. Resolution - 97-126 - Establishing the rate of pay for the Library Director position in the Salary
Plan and Rates of Compensation Resolution. (Laid over from February 12)
Councilmember Megard moved approval.
Councilmember Harris asked what the salary would be for this position. John Hamilton, Office of
Human Resources, responded that the current salary range in SPSO where it is presently
represented is $63,000 to approximately $87,000. The new range as an unclassified position
would be from $65,000 to $89,000. Additional discussion took place on the companion
ordinance, Item #45. Council President Thune withdrew the resolution.
March 5, 1997, City Council Summary Minutes Page 7
37. Resolution - 97-132 - Directing the Department of Public Works to stripe an on-street bicycle lane
along Mississippi River Boulevard. (Laid over from February 12)
Councilmember Harris moved to layover four weeks.
Laid over to April 2 Yeas - 7 Nays - 0
38. Resolution - 97-143 - Approving the reappointment, by Mayor Coleman, of Timothy Fuller as
Fire Chief of the Department of Fire and Safety Services for a new term commencing April 2,
1997. (Laid over from February 12)
Councilmember Blakey presented a substitute resolution which Councilmember Harris reviewed.
Councilmember Harris noted that concerns had been expressed about the operation of the Fire
Department. The substitute resolution addresses those concerns, sets out a work plan for the Fire Chief
and calls for an outside party to perform an evaluation of the Fire Chief based on the criteria set forth in
the resolution and other criteria developed in consultation with individual Councilmembers. The
evaluation would be presented to the Council by January 31, 1998. Under the Charter, if the evaluation
of the Chief results in a determination of an unsatisfactory performance or if the expectations set forth in
the resolution have not been reasonably satisfied, it would be grounds for re-opening the process.
Tim Marx, Mayor's Office, responded that the Mayor's Office worked with various Councilmembers
putting the resolution together and asked for the Council's support. They feel it's important that the issue
be resolved at this meeting so the department can move forward. The resolution sets forth the
expectations of the Fire Department and Fire Chief Fuller. It also sets forth a process that there will be
an independent evaluation during the one-year probationary period. A critical aspect to this is the Labor
Management Committee which the Council has suggested is very important to the process and to which
Chief Fuller and the Administration also agree.
Councilmember Harris responded that this would be with the expectation that if the concerns are not
addressed in a satisfactory manner and/or the performance evaluation is not satisfactory to the Council
and the Mayor, the process would be re-opened. Mr. Marx replied in the affirmative.
Councilmember Blakey moved to introduce the substitute resolution. Roll Call Yeas - 7 Nays - 0
Councilmember Megard stated that the resolution satisfies her main objective to have an outside
evaluation completed. It also satisfies the issue of a one-year probationary period. If within one year the
elements are not fulfilled by the Chief or the evaluation is not satisfactory, it would be the Mayor's
responsibility to recommend withdrawal or denial of the appointment. She questioned Mr. Marx how
long he expects it will take to complete an evaluation.
Mr. Marx responded that if the resolution is adopted by the Council, there will be a meeting with the
Director of Human Resources to work together on a suggested list of evaluation criteria, including those
put forth in the resolution, and submit the list to the Labor Management Committee and to the City
Council so they are setting forth clear, objective criteria that everyone wants the evaluation to consider.
March 5, 1997, City Council Summary Minutes Page 8
Consultants would then be identified who would be able to help complete the work and move forward
with the evaluation.
Councilmember Megard said she felt the concern is that the progress won't be quick and it will still be a
lingering issue for the employees within the department and for the Administration and she would like to
see a more specific time line.
Mr. Marx said he would commit to move this along as soon as possible, begin the process this week and
come back to the Council within two weeks with a specific time line.
Council President Thune said it was his understanding that there is a one-year time frame in which a re-
appointed individual can be terminated without cause but it would take a combination of an action from
the Mayor and a majority of the City Council. He suggested they were gambling and leaving it up to
politics. He said they are talking about the outcome of the entire Fire Department and not the future of
one individual. He said he did not feel they have come to grips with the fact that there is a problem
within the department and he would like to get to what that problem is and how it can be fixed; to find out
what is wrong between the Fire Administration and the rank and file. He suggested laying over the
proposed action, bring in an outside consultant to evaluate the situation and mediate with all parties, and
get some answers before moving forward with an appointment.
Councilmember Megard asked for clarification of the City Attorney's opinion indicating the Council had
to act on the matter or there would be a vacancy.
Peg Birk, City Attorney, stated that the opinion issued by the City Attorney's Office took some very
ambiguous language and gave the Council some parameters in saying what they could and could not do in
terms of what was a failure to confirm. They came to the conclusion that, in their view, it depended on
all of the facts and circumstances and that a shorter time period to put together very specific plans that
would enhance the Council's decision would not be considered by a court as a failure to re-confirm. Ms.
Birk said they feel it would be safest to go with a shorter time frame of 0-4 months.
Councilmember Mauer said he agrees that the issues in the Fire Department need to be dealt with. He felt
there was merit in the resolution presented by Council President Thune saying it allows the Council to
deal with the problems and issues before making an appointment as opposed to appointing and then trying
to deal with the problems and not fully understanding who hasn't come to the table where the problems
will be allowed to continue to exist. If the issues are dealt with and the Council mandates that they go
back to the table they will then find out who is not willing to work out the problems and issues, he said.
Discussion ensued on the time line for making an appointment. Councilmember Rettman noted that the
Mayor has met the terms of the City Charter by submitting a name to the City Council within the required
time frame.
Councilmember Bostrom concurred with Mr. Thune that it be laid over to resolve the issues because once
it is put in place for six more years it will stay that way.
March 5, 1997, City Council Summary Minutes Page 9
Councilmember Rettman stated that the original resolution said it would commence on April 2. The
substitute resolution says the report would be back by January 31, 1998 which is three months prior to
April 2, 1998 before the probationary time would be up. It would be back before the Council within
adequate time.
Councilmember Blakey said based on what he has heard from his constituents, he felt the Council should
make a decision at this time because he did not think it sends a good message to the management level to
delay action. He said he did not have a good reason to tell his constituents why the Chief would not be
reappointed.
Councilmember Megard concurred with Blakey, stated that this is the Mayor's appointment and she had
no information indicating that the Chief has not done the job he was asked to do by the Administration.
She said she has listened to constituents, listened to members of the rank and file and she sees there is a
division. However, it is not a unanimous decision of employees within the department that everyone is
unhappy. Without evidence that there is dereliction of duty or that there has been performance that is not
acceptable, she suggested approving the appointment and moving forward with the recommendation.
Councilmember Mauer cited the concerns listed in the resolution and said they need to be addressed. He
suggested the Council mandate that the parties go to the table and work the issues out and come back to
the Council in four months and confirm or deny the appointment at that time.
Councilmember Harris said everyone recognizes there are some legitimate issues in the department and
they should be articulated. If the conditions were not satisfied and a performance evaluation came back
saying that there are some serious concerns, a resolution could be brought in to re-open the appointment
process. He said he did not feel that anyone had established the facts.
Tim Marx responded that if there was a good, objective performance evaluation that judged Chief Fuller
to be unsatisfactory, he saw no reason why the Mayor would not suggest the appointment be revoked. He
noted that the performance evaluation is intended to be complete by January 31, 1998.
Council President Thune asked about the process for removing the Chief without cause and whether it
would be subject to a Mayor's veto.
Phil Byrne, Assistant City Attorney, responded that during the first year of the term both the Mayor and
the City Council have to be on board. If the Council proceeds with the resolution, the Mayor must also
sign it. If the Mayor vetoes the resolution, the Council could not override the Mayor. It takes both the
Mayor and the Council to do what needs to be done during the first year of the term.
Mayor Coleman appeared before the Council and stated that if there is a probationary reappointment of
the Fire Chief with terms and conditions of probation and if those terms and conditions are not
satisfactorily met and if an evaluation comes back that is not positive, he will bring it back before the
Council. He promised to act together with the Council.
March 5, 1997, City Council Summary Minutes Page 10
Gary Olding, President of Saint Paul Firefighters Union, appeared and responded to the Mayor's remarks
pointing out that the Mayor said he would bring the evaluation back to the Council but he did not say how
he would vote if the evaluation does not come out positive. He urged the Council to adopt the resolution
authored by Council President Thune.
Councilmember Bostrom stated the Council should see what the evaluation will consist of before an
evaluation is conducted. He questioned who will write it and who will decide whether it is appropriate.
Councilmember Bostrom moved to lay over the resolution and the conditions submitted by Council
President Thune for three months and that the City Council would review the evaluation instrument.
Failed Yeas - 3 Nays - 4 (Harris, Megard, Rettman, Blakey)
Councilmember Rettman moved approval of the substitute resolution as amended.
Substitute adopted as amended
Yeas 4 Nays - 2 (Bostrom, Thune) (Mauer not present for vote)
(Reconsidered at the end of the meeting to include Mauer's vote)
Yeas - 4 Nays - 3 (Bostrom, Mauer, Thune)
(The meeting was recessed from 5:25-5:58 p.m.)
Roll Call Present - 6 Absent - 1 (Rettman)
PUBLIC HEARINGS
48. Third Reading - 97-177 - An ordinance amending Section 2.05 of the Saint Paul Charter in
accordance with Minn. Stat. § 410.12. (Companion to Item #39)
No one appeared in opposition.
Councilmember Harris moved to lay over to March 12 for final adoption and continuation of the
public hearing. Yeas - 6 Nays - 0 (Rettman not present for vote)
39. Resolution - 97-164 - Requesting the Charter Commission's recommendation regarding City
Council elections in the case of all vacancies in the position of Councilmember. (Laid over from
February 19) (Companion to Item #40)
Councilmember Harris moved to lay over one week.
Laid over to March 12 Yeas - 6 Nays - 0 (Rettman not present for vote)
(Rettman arrived)
March 5, 1997, City Council Summary Minutes Page 11
49. Resolution - 97-223 - Approving application for a Parking Lot/Ramp License by Twin City
Airport Parking, 2544 Stewart Avenue. (ID #77745)
Gar Mlitliffice of License, Inspections, and Environmental Protection, appeared and
requeste. a the Council grant a temporary pro-rated 60-day license which would allow the
parties time to address their concerns. It would come back to the Council in 60 days.
Councilmember Harris added that the district council had concerns about landscaping and how the
shop would be set up, but both parties are committed to resolving the issues. This action would
allow more time for discussions and yet allow the business to operate.
Councilmember Harris moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
50. Resolution - 97-224 - Concerning adverse action against cigarette license held by Adam's Food,
Inc., 361 Earl Street. (Uncontested)
No one appeared in opposition; Councilmember Mauer moved approval.
Adopted Yeas - 7 Nays - 0
51. Resolution - 97-225 - Concerning adverse action against cigarette license held by Ward Mens, dba
Concord Drug, 176 Concord Street. (Uncontested)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
52. Resolution - 97-226 - Concerning adverse action against cigarette license held by Bassam H.
Hasan, dba Dale & Selby Superette & Deli, 618 Selby Avenue. (Uncontested)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
53. Resolution - 97-227 - Concerning adverse action against cigarette license held by Greg Ekbom,
dba Day By Day Cafe, 477 West 7th Street. (Uncontested)
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
54. Resolution - 97-228 - Concerning adverse action against cigarette license held by Green Brothers,
Inc., dba Eastern Heights Service, 1770 Old Hudson Road. (Uncontested)
No one appeared in opposition; Councilmember Mauer moved approval.
Adopted Yeas - 7 Nays - 0
55. Resolution - 97-229 - Concerning adverse action against cigarette license held by E.S.W., dba
Easy Street West, 616 Como Avenue. (Uncontested)
No one appeared in opposition; Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
March 5, 1997, City Council Summary Minutes Page 12
(Rettman left)
56. Resolution - 97-230 - Concerning adverse action against cigarette license held by Four Seasons
Automotive Service, Inc., 373 Ruth Street North. (Uncontested)
Rick Olson, Owner, appeared and expressed concern as to what can be done when employees are
trained to check identifications and fail to do so. He said he feels the employee who made the sale
should be the one charged for the offense.
Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0 (Rettman not present for vote)
57. Resolution - 97-231 - Concerning adverse action against cigarette license held by Frank Willman
Distribution, dba Gala Foods, 1600 White Bear Avenue North. (Uncontested)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0 (Rettman not present for vote)
(Rettman returned, Thune left)
58. Resolution - 97-232 - Concerning adverse action against cigarette license held by Reyes Group,
Inc., dba Hazel Park Amoco, 1200 White Bear Avenue North. (Uncontested)
Denny Reyes, owner, appeared and explained the circumstances surrounding this illegal sale of
cigarettes.
Discussion ensued on whether any action could be taken against the minors who attempt to
purchase cigarettes. Councilmember Rettman suggested this issue be a policy discussion in April
and that the Hospitality Association be involved as well as people in the vending machine business,
etc. in order to have a productive dialogue.
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
59. Resolution - 97-233 - Concerning adverse action against cigarette license held by Jerry Belgea
Enterprises, Inc., dba Jeraldine's, 605 Front Avenue. (Uncontested)
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
60. Resolution - 97-234 - Concerning adverse action against cigarette license held by James Kennedy,
dba Kennedy Pharmacy, 334 Robert Street North. (Uncontested)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
March 5, 1997, City Council Summary Minutes Page 13
61. Resolution - 97-235 - Concerning adverse action against cigarette license held by Sonny's Bar,
Inc., dba Louie's Bar, 883 Payne Avenue. (Uncontested)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0 (Thune not present for vote)
(Thune returned)
62. Resolution - 97-236 - Concerning adverse action against cigarette license held by Laro Inc., dba
Patrick's Lounge, 1318 Larpenteur Avenue West. (Uncontested)
No one appeared in opposition; Councilmember Mauer moved approval.
Adopted Yeas - 7 Nays - 0
63. Resolution - 97-237 - Concerning adverse action against cigarcttc alcohol license held by
Walmont, Inc., dba Tiffany Lounge, 2051 Ford Parkway. (Uncontested)
Steve Christie, Assistant City Attorney, clarified that this action involved an illegal sale of alcohol rather
than cigarettes. Mr. Tiffany did not contest the facts that a sale of alcohol was made to a minor. This
was a first offense and the presumptive penalty in this type of offense is a one-day suspension. On
occasion, Robert Kessler, Director of License, Inspections and Environmental Protection, will
recommend a fine in lieu of the suspension and in this case given the nature and size of Tiffany's
business, Mr. Kessler is recommending either a one-day suspension or a $1,000.00 fine. Mr. Christie
stated that Tiffany's Lounge is willing to agree to the $1,000.00 fine with the approval of the City
Council.
Thomas Donahun, attorney representing Danny Montpetit, the license holder, appeared and encouraged
the Council to adopt the alternative penalty of a $1,000.00 fine.
The public hearing was closed.
Councilmember Harris moved for a one-day suspension stating he wanted to stay consistent with past
practices.
Councilmember Blakey asked Mr. Donahun if changes have been made to prevent this offense from
happening again. Mr. Donahun responded that there has been a long-time plan in effect to monitor this
type of problem and Mr. Montpetit has become more vigilant since this incident occurred. He has
indicated he plans to meet with Mr. Kessler to see if there are any recommendations he can offer.
Mr. Montpetit stated that he participates in the Hospitality Association's training course they give each
year and he will be hosting two of them per year in his establishment and make it mandatory that all his
employees attend. The Hospitality Association conducts internal stings and he will be participating in the
stings on a monthly basis.
Council President Thune urged the Council to accept the imposition of a fine rather than a suspension
based on the steps the establishment has and is taking to comply.
March 5, 1997, City Council Summary Minutes Page 14
Councilmember Harris asked if the fine was imposed and there was a second violation within a year if a
one-day suspension could be imposed automatically. Mr. Christie responded in the affirmative.
Councilmember Harris moved approval as amended. ($1,000.00 fine and one day stayed for one year
provided there is no re-offense.)
Adopted as amended Yeas - 7 Nays - 0
64. Resolution - 97-238 - Concerning adverse action against cigarette license held by Avanti
Petroleum, Inc., dba Total Mart #5667, 304 Larpenteur Avenue East. (Uncontested)
Paul Petersen, Manager of Total Mart, explained that the night the sting came into Total Mart
there were extenuating circumstances that took place which he felt should have some bearing on
the Council's decision. He explained that approximately five minutes before the sting came into
the store a man came in with a large box, placed it in the restroom, and left the store. The police
were called and a lot of commotion was taking place in the store at the time of the sting.
Discussion ensued on procedures that possibly should have been followed.
Councilmember Bostrom Moved approval.
Councilmember Mauer suggested waiving the penalty and asking the Licensing Division to
increase their enforcement efforts at this location as a compromise.
Adopted as amended Yeas - 4 Nays - 3 (Blakey, Bostrom, Rettman)
(Imposed a fine of$1,000.00 and (1) day suspension stayed for (1) one year provided there are no
violations
65. Resolution - 97-239 - Approving vacation of a portion of Gilbert Avenue.
Councilmembers Blakey and Megard moved approval.
Adopted Yeas - 7 Nays - 0
Suspension Items
Councilmember Bostrom moved for suspension of the rules and approval of the following
resolution:
Resolution - 97-240 - Authorizing the Police Department to assist in raising funds for the James
Sackett Memorial.
Adopted Yeas - 7 Nays - 0
Councilmember Bostrom moved for suspension of the rules to introduce the following resolution:
Roll Call Yeas - 7 Nays - 0
March 5, 1997, City Council Summary Minutes Page 15
(Harris left)
Resolution - 97-241 - Approving application for a Liquor On Sale-C, Sunday On Sale Liquor,
Restaurant-B, Entertainment-A, and Cigarette License by Elemel, Inc., dba Governor's Fine
Food, 959 Arcade Street.
Gary Pechmann, Office of License, Inspections and Environmental Protection, explained that
Governor's was closed the previous night by the License Office for lack of liquor liability
insurance. This resolution allows Louis Lentsch, the previous owner, to take the business back.
Conditions were placed on the license which Mr. Lentsch has agreed to.
Councilmember Bostrom spoke in support of the resolution and moved approval.
Adopted Yeas - 6 Nays - 0 (Harris not present for vote)
(Harris returned)
Councilmember Blakey reported on a letter received by some of the employees who have been
dealing with the health merger saying that the City employees involved in the discussions are not
allowed to work on the merger on City time while the County is still allowing their employees to
work on this issue during work time. Mr. Blakey felt they should be allowed to continue with the
process during work hours and requested a response from the Administration in the form of
written communication.
42. Houses to Homes Program (Laid over from February 19)
A. "Results of the Fiscal Impacts of the Saint Paul Houses to Homes Program."
Research funded by Saint Paul Local Initiatives Support Corporation (LISC) sponsored by the
Coalition for Community Development.
Ed Goetz, University of Minnesota Housing Programs
Mr. Goetz appeared and presented a detailed verbal report and visuals of the research conducted
on the fiscal impacts of the Houses to Homes Program.
B. Planning and Economic Development Perspective on the Research.
Pam Wheelock, Director, Department of Planning and Economic Development
Ms. Wheelock appeared and responded to some of the data presented by Mr. Goetz.
Councilmember Bostrom moved to accept the report
Report accepted Yeas - 7 Nays - 0
March 5, 1997, City Council Summary Minutes Page 16
40. Resolution - 97-178 - Approving the skyway connection necessary in order to increase convention
revenues. (Laid over from February 19)
Councilmember Rettman presented an amendment to allow the necessary budget resolutions to be
prepared for review by the City Council and HRA on March 19, 1997, accommodating both the $2
million in interest and financing the additional $4 million. Ms. Rettman said she has met with Budget
Director Joe Reid and they will be coming in with a combination of public and private dollars. She said
they will want to go forward because Green Tree, as well as others, would like some detailed work. This
will allow the detailed work to accommodate any of the concerns that have been expressed and would
keep both proposals in regard to the below grade and the above grade along Kellogg Boulevard and
Fourth Street. On March 19 the Council and the Mayor will also designate several business people to
assist in effecting the private contributions that would come in including possible naming rights,
advertisement rights, and a variety of other things that would also be part of the budget analysis and
budget resolutions that will come forward. This would give the ability for Michael Jordan, the architect,
to continue to work with the affected business partners.
Councilmember Rettman moved approval of the amendments.
Councilmember Megard asked if the financial plan will include operating costs. Councilmember Rettman
responded that the plan will be detailed and include all items.
Councilmember Megard further stated that if the proposal is accepted it commits City staff to work on it
and look for the money.
Councilmember Blakey asked what the total cost is for both proposals. Councilmember Rettman said the
one presented for the Kellogg side, above grade, is $5.1 million and was inflated to $6 million. The other
proposal is about $6 million. A refinement of all of those dollars will be presented.
Councilmember Blakey asked about the breakout of City and private financing. Councilmember Rettman
responded that information will be presented on March 19. Her goal is to have at least $1 million
committed by the private entities and have the remaining amounts identified.
Councilmember Bostrom stated that this will get things started to the point of getting a financial analysis.
The Council went on record awhile back as approving the project. There are many organizations that
support it and it's now time to put together some costs.
Councilmember Harris suggested on page 1 deleting lines 21 and 22, and on line 23 to make the following
change: the City Council endorses the a "climate controlled pedestrian connection".... This was
accepted as friendly.
Councilmember Blakey said there has been discussion and concern about constructing skyways and taking
people and activity off the streets. Pam Wheelock suggested that this and other issues could be discussed
at another time.
March 5, 1997, City Council Summary Minutes Page 17
Pam Wheelock requested clarification on the source of the $75,000. Councilmember Rettman responded
that $2 million was set aside and it would come from that amount. The reason for doing this is that Green
Tree needs to have some very specialized work done
Councilmember Rettman moved approval as amended.
Adopted as amended Yeas - 6 Nays - 1 (Blakey)
45. Final Adoption - 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 moved approval.
Councilmember Rettman said she does not feel the Library Director should be placed in the
unclassified service as it has worked well in the past for those who have served in this classified
position and she sees no reason why it should be changed.
John Hamilton, Human Resources, talked about the process and potential expense of removing a
civil service employee. He said the Library Director is a cabinet level position and the Mayor's
interest is in putting everyone on a level playing field which it currently is not.
Failed Yeas - 2 Nays - 5 (Blakey, Harris, Megard, Rettman Thune)
41. Resolution - 97-185 - Approving payment of$24,000 to Cynthia Guidaboni in full settlement of
her claim against the City of Saint Paul. (Laid over from February 26)
Councilmember Megard moved approval.
Adopted Yeas - 4 Nays - 3 (Blakey, Harris, Rettman)
ORDINANCES
43. Final Adoption - 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)
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
44. Final Adoption - 97-91 - An ordinance amending the Saint Paul Legislative Code Section 43.02 to
improve the definition of owner.
Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
March 5, 1997, City Council Summary Minutes Page 18
46. Final Adoption - 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.
Withdrawn by Council President Thune
47. First Reading - 97-222 - An ordinance adopting zoning ordinance amendments related to the
Thomas Dale Small Area Plan and 40 Acre Study.
Laid over to March 12 for second reading
Councilmember Mauer moved to adjourn the meetin!.
A JOU' N AT 8:30 P. .
s AMN
David Thun-, •\,uncil Pry sident
ATTEST:
*-.1\ Minutes approved by Council
Nancy An son q l q c t
Assistant Council Secretary
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