Approved Minutes 4-2-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, April 2, 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 3:40 p.m. by Council President Thune.
Present - 7 - Bostrom, Blakey, Harris, Megard, Morton, Rettman, Thune
Absent - 0
CONSENT AGENDA
Councilmember Morton requested Item 19 be removed for discussion.
Councilmember Rettman requested Item 23 be removed for discussion.
Councilmember Bostrom moved approval of the Consent Agenda as amended.
Yeas - 7 Nays - 0
MISCELLANEOUS
77. Presentation of plaques to the Division of Parks and Recreation/Forestry by Kirk Brown, President of
Tree Trust.
A presentation was made to the Forestry Division of Parks and Recreation in recognition of the tree
planting at Saint Paul Stadium.
FOR ACTION
The following communication was read into the record by Nancy Anderson, Assistant Secretary to the
City Council:
A public earing b b fo"e s t eCi Cou tcil on pril9,- 19 7" to cop A „elerhe appeal of
inevt w Homes /- ,decision f the lied ; ' eservatio ... mission:den,ytg,approval of a
Building " it to const c eight unit home prof at 49 Laurel Avenue (southeast
c amer at'',,,. . k bi tre t),
1. Claims of American Family Insurance (for Patricia & Thom Kingston), Natalie Amundsen,
Thomas Kromroy, Legal Associates (for Mai Luong), Susan Mauch, Dennis Scroggins, Anna
Theisen, Cherie Torinus, Vee Vang, and Sheng Yang.
Referred to Employee/Risk Management Division
2. Letters from Saint Paul Public Health declaring 275 Harrison Avenue, 293 Harrison Avenue, 915
Sherburne Avenue, and 846 Western Avenue North as "nuisance properties." (For notification
purposes only; public hearings will be scheduled at a later date if necessary.)
April 2, 1997, City Council Summary Minutes Page 2
3. Letter from Ramsey County Property Records and Revenue requesting a reduction in assessed
valuation for property at 1021 Bandana Boulevard East. (AM96-5541)
4. Communication from Saint Paul Animal Control dated March 24, 1997, announcing a request
from the University of Minnesota Research Lab for unclaimed dogs and cats.
5. Administrative Orders:
D001175 Addition of$29,010.00 to the contract for Energy Efficiency Project at the Saint Paul
Civic Center.
D001176 Approving payment, not to exceed $500.00, for the Police Memorial Day ceremony
on May 15, 1997.
D001177 Approving the addition of$24,774.75 to the contract for Saint Paul Civic Center
Expansion, CP-1 Demolition, Excavation and Bridge Construction.
D001178 Addition of$21,543.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction Mechanical-Parking Ramp Alternate A.
D001179 Addition of$10,401.00 to the contract for Saint Paul Civic Center Expansion, CP-4
Building Construction Mechanical-Parking Ramp Alternate A.
D001180 Amending the 1996 budget in the Department of Public Health-General Fund.
D001181 Amending the 1995 budget of the Debt Service Fund in the Office of Financial
Services to reflect proper project codes.
D001182 Amending the 1996 budget in the Police Department to provide sufficient funding at
the major object level of the Police Department's 1996 Crime Lab Special Revenue
Fund.
Noted as on file in the City Clerk's Office
D001183 Amending the 1996 budget in the Department of Public Works by transferring
spending authority within the Street Repair and Cleaning Fund to adjust spending
budgets for the year 1996 for compliance with fund sufficiency policies.
Laid over to April 9 Yeas - 7 Nays - 0
D001184 Amending the 1997 budget in the Department of Public Works-Capital Project
Accounts.
D001185 Deduction of$850.00 from the contract for remodeling of Floors 1 and 3 in the City
Hall Annex.
Noted as on file in the City Clerk's Office
6. Resolution - 97-297 - Approving the appointment of Karen Muller, by Mayor Coleman, to the
Family Housing Fund of Minneapolis and Saint Paul Board of Directors. (Laid over from March
26 for adoption)
Adopted Yeas - 7 Nays - 0
7. Resolution - 97-298 - Approving the appointment of Greg Simbeck, by Mayor Coleman, to the
Youth Fund Board. (Laid over from March 26 for adoption)
Adopted Yeas - 7 Nays - 0
April 2, 1997, City Council Summary Minutes Page 3
8. Resolution - 97-325 - Approving the appointment of Councilmember Jerry Blakey to the Board of
Directors of the Family Housing Fund of Minneapolis and Saint Paul.
Adopted Yeas - 7 Nays - 0
9. Resolution - 97-326 - Finalizing City Council action taken February 26, 1997, concerning adverse
action against licenses held by Hut Thi Le, dba Credit Auto Sales, Inc., 859 University Avenue.
Adopted Yeas - 7 Nays - 0
10. Resolution - 97-327 - Finalizing City Council action taken February 26, 1997, concerning adverse
action against licenses held by Scanlon's Ace Box Bar & Pub, Inc., dba Dublin Bar, 2162 West
University Avenue.
Adopted Yeas - 7 Nays - 0
11. Resolution - 97-328 - Finalizing City Council action taken March 12, 1997, concerning adverse
action against licenses held by Sharon Casselman, dba Home Sweet Home Antiques, 941 Grand
Avenue.
Adopted Yeas - 7 Nays - 0
12. Resolution - 97-329 - Finalizing City Council action taken February 26, 1997, denying the license
application of Private Protection, Inc., Carl Lee Green, CEO, 920 Selby Avenue
Adopted Yeas - 7 Nays - 0
13. Resolution - 97-330 - Approving payment of$5,000.00 to Ivette Cosme and attorney's Thuet,
Pugh, Rogosheske & Atkins, Ltd. in full settlement of their claim against the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
14. Resolution - 97-331 - Approving a contract between the City of Saint Paul, Saint Paul Public
Health and Dennis Bealka, M.D. to provide medical services in the Women's Health Program.
Adopted Yeas - 7 Nays - 0
15. Resolution - 97-332 - Allowing the Saint Paul Police Department to enter into a contract with the
Griffin Companies for space for a sub-station in Galtier Plaza.
Adopted Yeas - 7 Nays - 0
16. Resolution - 97-333 - Allowing the Saint Paul Police Department to enter into a contract with K/B
Fund III for space for a sub-station in Town Square.
Adopted Yeas - 7 Nays - 0
17. Resolution - 97-334 - Accepting a contribution of$3,000.00 from Remmele Engineering, Inc. for
the D.A.R.E. program.
Adopted Yeas - 7 Nays - 0
18. Resolution - 97-335 - Amending the 1997 budget for the Rice and Arlington Dome Project.
Adopted Yeas - 7 Nays - 0
19. (Removed for discussion)
April 2, 1997, City Council Summary Minutes Page 4
20. Resolution - 97-337 - Authorizing the proper City officials and the Como Conservatory
Horticultural Society to proceed with building the Conservatory's endowment fund and
recognizing contributions to the fund by developing a Celebration Plaza.
Adopted Yeas - 7 Nays - 0
21. Resolution - 97-338 - Authorizing the proper City officials and Como Zoological Society to
undertake design and fundraising activities for the construction of a Donor Plaza and Gorilla
Forest Exhibit.
Adopted Yeas - 7 Nays - 0
22. Resolution - 97-339 - Approving disbursement of Youth Program Funds for Asian Pacific Youth
Alliance, Boosters East, Inc., Dayton's Bluff Booster Club, Duluth & Case Booster Club,
Dunning Boosters, Eastside Wrestling Organization, History Day Support Club, Merriam Park
Booster Club, North Star "Hockey For Kids" Group, St. Paul Midway Little League, St. Paul
Science Fair Support Groups, Snelling/Hamline Community Council, Sports For Life, Twin Star
Baseball Club, Valley Booster Club, Volleyball For Her, Wilder Youth Club, Inc., and Youth
Express.
Adopted Yeas - 7 Nays - 0
23. (Removed for discussion)
24. Resolution - 97-341 - Finalizing City Council action takcn Mar Al 19, 1997, deiiyii g Concerning
the Taxicab Driver's License Renewal Application submitted by Daniel R. Breckman, 1057
Portland Avenue.
Laid over to April 23 for public hearing Yeas - 7 Nays - 0
25. Resolution - 97-342 - Requesting an extension of time to complete work being done on a building
at 665 East Jessamine.
Adopted Yeas - 7 Nays - 0
26. Preliminary Order - 97-343 - In the matter of sidewalk reconstruction on the south side of Lafond
Avenue from North Milton Street to North Chatsworth Street and both sides of Van Buren Avenue
from North Chatsworth Street to North Oxford Street, and setting date of public hearing for May
7, 1997. (File #S97001, S97002)
Adopted Yeas - 7 Nays - 0
27. Preliminary Order - 97-344 - In the matter of sidewalk reconstruction at 856 Jackson Street, 991
Arcade Street, 844 Payne Avenue, 838 Iroquois Avenue, 2130 Stillwater Avenue, and 2189 Ross
Avenue, and setting date of public hearing for May 28, 1997. (File #S97032)
Adopted Yeas - 7 Nays - 0
28. Preliminary Order - 97-345 - Amending the Final Order for the Arlington/Ruth Area Street
Paving and Lighting Project, and setting date of public hearing for May 28, 1997. (File #18833)
Adopted Yeas - 7 Nays - 0
April 2, 1997, City Council Summary Minutes Page 5
29. Preliminary Order - 97-346 - In the matter of construction of sanitary sewer/connections and
water main/connections in Return Court from Worcester Avenue to approximately 300 feet south
of Worcester Avenue and in Return Court from Field Avenue to approximately 130 feet north of
Field Avenue, and setting date of public hearing for May 28, 1997. (File #18839, 18839-W)
Adopted Yeas - 7 Nays - 0
30. Resolution Approving Assessment - 97-347 - In the matter of permanent easement for public right-
of-way for Maiden Lane between Nina Street and Selby Avenue, and setting date of public hearing
for May 28, 1997. (File #18840)
Adopted Yeas - 7 Nays - 0
31. Resolution Approving Assessment - 97-348 - In the matter of improving Humboldt Avenue
between George Street and Robie Street, and setting date of public hearing for May 28, 1997.
(File #18814)
Adopted Yeas - 7 Nays - 0
19. Resolution- 97-336 - Authorizing Como Zoo to reestablish Talking Story Boxes.
Councilmember Rettman stated that NSP funded the Talking Story Boxes and they have always
been a generous contributor to Como Zoo, helping to keep it a"free"zoo.
Steve Schmidt, Public Affairs Manager for NSP, introduced Melinda Marson, Manager of Corporate
Contributions for NSP. Ms. Marson stated NSP and Como Zoo have been partners for almost a
century. The most recent partnership brings back the Talking Story Boxes that had been a part of
Como Zoo 30 years ago. There are 20 exhibits throughout the zoo and an animal shaped key will
unlock a recording about the animal and its natural habitat. There was also a curriculum that was
designed by the zoo staff and the Pioneer Press and was distributed in the schools. Ms. Marson
presented the Councilmembers with the two public service announcements and a key that will
operate the story boxes.
Councilmember Morton asked if the story boxes are in other languages. Ms. Marson responded that
presently they are only in English.
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
23. Resolution- 97-340 -Authorizing Council Research to conduct a study on gun violence programs
which have been initiated in Minnesota and throughout the country.
Councilmember Rettman asked if the gun violence study would still take place if the project manager
position to coordinate anti-gun activities is not filled. Councilmember Blakey responded that
Council Research would do the initial evaluation of the programs, both locally and nationally. He
said he was not challenging the Mayor's veto of the position(Item#35) at this time.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
April 2, 1997, City Council Summary Minutes Page 6
FOR DISCUSSION
The meeting was recessed and the Housing and Redevelopment Authority meeting was called to order for
consideration of the Consent Agenda. Present- 6 Absent- 0
The HRA meeting was recessed and the City Council meeting resumed.
PUBLIC HEARINGS
45. Final Adoption- 97-177 -An ordinance amending Section 2.05 of the Saint Paul Charter in
accordance with Minn. Stat. § 410.12. (Substitute introduced and public hearing continued from
March 26) (Companion to Resolution 97-164, Item#36)
No one appeared in opposition; Councilmember Harris moved approval.
Yeas - 6 Nays - 1 (Rettman)
Councilmember Harris moved to reconsider.
Yeas - 7 Nays - 0
Council President Thune asked for an explanation of the ordinance. Phil Byrne, Assistant City
Attorney, responded that Charter changes are made by a unanimous vote. He recommended that the
Council pass Resolution 97-164 which sends the ordinance to the Charter Commission for a
recommendation. Mr. Byrne suggested laying over the ordinance until the Council gets a
recommendation from the Charter Commission.
Councilmember Harris moved for an indefinite layover.
Laid over indefinitely Yeas - 7 Nays - 0
36. 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 March 26) (Companion to Ordinance 97-177, Item#45)
Adopted Yeas - 6 Nays - 1 (Rettman)
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 1 (Rettman)
46. Third Reading - 97-279 - An ordinance amending Chapter 11 of the Saint Paul Legislative Code to
improve upon the language and to more accurately reflect the current animal control environment in
the City and allow service animals assisting individuals with disabilities on the grounds in City
markets.
No one appeared in opposition; laid over to April 9 for final adoption
47. Third Reading - 97-280 -An ordinance amending Chapter 45 of the Saint Paul Legislative Code to
bring the chapter up-to-date and reflect the current situation requiring permits to be obtained from
the Office of License, Inspections and Environmental Protection(LIEP).
No one appeared in opposition; laid over to April 9 for final adoption
April 2, 1997, City Council Summary Minutes Page 7
48. Third Reading - 97-281 -An ordinance amending Chapter 140 of the Saint Paul Legislative Code to
improve upon the language and to more accurately reflect the current animal control environment in
the city and allow service animals assisting individuals with disabilities into the skyway system.
No one appeared in opposition; laid over to April 9 for final adoption
49. Third Reading - 97-282 -An ordinance amending Chapter 170 of the Saint Paul Legislative Code to
allow horses from the Saint Paul police horse patrol into City parks,parkways or recreation areas
without permission of the director.
Councilmember Megard said she would withdrawn this ordinance as she was informed by Bob Piram
from the Division of Parks and Recreation that there are areas in the park system where horses can
not be allowed, such as Como Zoo, Harriet Island, and the public dock. Further clarification was
requested by Councilmembers Blakey and Thune.
Councilmember Megard changed her motion to a one week layover.
Laid over to April 9 for continuation of third reading/public hearing Yeas - 7 Nays - 0
50. Third Reading - 97-283 -An ordinance amending Chapter 196 of the Saint Paul Legislative Code to
bring the chapter up-to-date, improve upon the language and to more accurately reflect the current
animal control environment in the City.
No one appeared in opposition; laid over to April 9 for final adoption
51. Third Reading - 97-284 -An ordinance repealing Chapter 197 of the Saint Paul Legislative Code.
No one appeared in opposition; laid over to April 9 for final adoption
52. Third Reading - 97-285 -An ordinance amending Chapter 198 of the Saint Paul Legislative Code to
bring the chapter up-to-date, improve upon the language and to more accurately reflect the current
animal control environment in the City.
No one appeared in opposition; laid over to April 9 for final adoption
53. Third Reading - 97-286 -An ordinance amending Chapter 199 of the Saint Paul Legislative Code to
bring the chapter up-to-date, require that ferrets be vaccinated against rabies, improve upon the
language and to more accurately reflect the current animal control environment in the City.
No one appeared in opposition; laid over to April 9 for final adoption
54. Third Reading - 97-287 -An ordinance amending Chapter 200 of the Saint Paul Legislative Code to
bring the chapter up-to-date, improve upon the language and to more accurately reflect the current
animal control environment in the City. Creates section 200.17 Collars. leashes,tie outs. (Amended
March 19)
No one appeared in opposition; laid over to April 9 for final adoption
April 2, 1997, City Council Summary Minutes Page 8
55. Third Reading - 97-288 - An ordinance amending Chapter 347 of the Saint Paul Legislative Code to
bring the chapter up-to-date, require Saint Paul pet-shop owners to provide customers purchasing an
animal requiring a permit the necessary documentation for obtaining a permit and to more accurately
reflect the current animal control environment in the City.
Councilmember Rettman asked if this ordinance means that licenses are available at pet shops. Bill
Stephenson, License, Inspections and Environmental Protection(LIEP), appeared and stated LIEP is
uncomfortable with this ordinance because a person might go to another city to buy an exotic animal.
He said he would like to see some information that these are exotic animals and should have a
permit. He suggested the pet shops inform customers that an exotic animal cannot be sold without a
permit.
Councilmember Rettman asked if they would be willing to amend the ordinance to accommodate
that. Council President Thune responded that technical language may need to be added and he
suggested it be laid over for one week.
Councilmember Rettman suggested that pet stores could be required to notify LIEP when this type of
pet is sold. She requested that City Attorney Peg Birk provide an opinion on this issue.
Laid over to April 9 for final adoption
56. Resolution- 97-353 -Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property located at 1572 Portland Avenue.
Gerry Strathman, Legislative Hearing Officer, said he felt this matter required consideration by the
City Council for direction. The Fire Department recently conducted tests on wooden doors and
found they did not provide the required 20 minute fire protection. These are doors largely in
apartment buildings that enter into hallways. Building owners who have this type of door have been
notified that they need to be replaced with fire rated doors. This appeal was the first one where the
owners have objected to this requirement pointing out, for example,that some doors have been in
buildings for 50 to 60 years. Ms. Strathman asked what direction the City Council wants to give
regarding appeals on these matters.
Steve Zaccard, Fire Marshall, appeared and stated the State fire code requires that in apartment
buildings, if the corridor outside the apartment exits more than ten people,that corridor has to have a
one hour fire resistance to protect the people as they exit the building and the doors have to be 20
minute fire doors. The previous administration decided it was unreasonable to place this requirement
on all doors and particularly the decorative doors. Tests have been conducted and the type of doors
like those in this building only last nine minutes. The local governing body can grant variances to
any part of the fire code without liability as long as it's done in good faith, Zaccard said.
Councilmember Megard asked about sprinkler systems. Steve Zaccard responded that if the building
has them owners are not asked to install fire doors.
April 2, 1997, City Council Summary Minutes Page 9
In response to Councilmember Rettman's questions, Mr. Zaccard responded the Fire Department has
an average response time of four minutes. This particular building has made outstanding corrections
which they had been asked to make.
Councilmember Morton asked if the owner has been given the option of a sprinkler system or doors.
Steve Zaccard responded that option has not been put in writing and may not have been discussed.
Councilmember Blakey was concerned that some buildings may be treated more objectively than
others.
Councilmember Megard asked about the requirements of smoke detectors. Steve Zaccard stated
each unit has to have a smoke detector regardless of source of power. Fires are most likely to start in
the apartment and not in the corridor. People flee the apartment,the door closes behind them, and
confines the fire to the apartment for a period of time allowing time for the Fire Department to
arrive.
In response to a question by Councilmember Bostrom, Steve Zaccard responded he could not recall
in his 12 years as Fire Marshall a fire that spread through an apartment door into the hallway when
the door was closed.
Councilmember Blakey asked how many apartments are in this building and how much replacement
doors would cost. Steve Zaccard responded there are about 13 apartments and Gerry Strathman
responded he thought the cost was about$300 per door.
Council President Thune suggested language be drafted making a policy decision on behalf of the
Council that in buildings otherwise completely up to code a variance be allowed where there are
older doors if there has not been a problem in the past. The public hearing could be laid over until
the language is voted on. If it is adopted,the Administrative Hearing Officer could dispense of all
citations administered in the meantime.
Councilmember Bostrom moved a layover to April 23 based on Council President Thune's
suggestions.
Laid over to April 23 Yeas - 7 Nays - 0
57. Final Order- 97-354 - In the matter of reconstruction of sidewalks on both sides of Webster Street
from Grace Street to Jefferson Avenue; both sides of Livingston Avenue from East Sidney Street to
East Belvidere Street; both sides of Winslow Avenue from West Elizabeth Street to West Baker
Street; the north side of West George Street from Hall Avenue to Stryker Avenue and the east side of
Stryker Avenue from West George Street to West Robie Street; and both sides of Richmond Street
from Banfil Street to Goodhue Street and the east side of Richmond Street from Banfil Street to
Goodrich Avenue.
(File#597003-S97007)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
(Blakey and Thune left; Rettman assumed the chair)
April 2, 1997, City Council Summary Minutes Page 10
58. Resolution- 97-315 - Approving application for a Gas Station License by Erickson Oil Products,
Inc., dba Freedom Value Centers, 1215 North Dale Street. (ID #66443) (Laid over from March 26)
Nancy Anderson read the stipulations for the license. Chair Rettman stated the current site plan is
dated April 9th and if it has not been filed by that time, she will move reconsideration at the April 9
Council meeting.
Adopted as amended Yeas - 5 Nays - 0 (Blakey& Thune not present)
59. Resolution- 97-202 - Approving application for a General Repair Garage License by Steven Haney,
594 West Maryland Avenue. (ID#74951) (Laid over from March 12)
No one appeared in opposition; Councilmembers Bostrom and Harris moved approval.
Adopted Yeas - 5 Nays - 0 (Blakey& Thune not present)
60. Resolution- 97-355 -Approving application for a State Class B Gambling Premise Permit by
Barbara Kale on behalf of Midway Transportation, Inc. at Cab's Pub&Eatery, 992 Arcade Street.
(ID# Pending)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 5 Nays - 0 (Blakey& Thune not present)
61. Resolution- 97-356 -Approving application for a Gambling Manager's License by Philip Swanson,
dba Midway Transportation, Inc., at Cab's Pub& Eatery, 992 Arcade Street. (ID #19734)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 5 Nays - 0 (Blakey& Thune not present)
62. Resolution- 97-357 - Concerning adverse action against the cigarette license held by PJJ, Inc., dba
Bandana Cleaners, 1021 Bandana Boulevard East. (Uncontested)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 5 Nays - 0 (Blakey & Thune not present)
63. Resolution- 97-358 - Concerning adverse action against the cigarette license held by River House
Corp., dba Buon Giorno Italian Market, 335 University Avenue East. (Uncontested)
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 5 Nays - 0 (Blakey & Thune not present)
64. Resolution- 97-359 - Concerning adverse action against the cigarette license held by Capital City
Check Cashing, 477 Rice Street. (Uncontested)
No one appeared in opposition; Councilmember Morton moved approval.
Adopted Yeas - 5 Nays - 0 (Blakey& Thune not present)
65. Resolution- 97-360 - Concerning adverse action against the cigarette license held by David M.
Kroona, dba Eastern Heights Amoco, 1785 Suburban Avenue. (Uncontested)
No one appeared in opposition; Councilmember Morton moved approval.
Adopted Yeas - 5 Nays - 0 (Blakey& Thune not present)
April 2, 1997, City Council Summary Minutes Page 11
66. Resolution - 97-361 - Concerning adverse action against the cigarette license held by East Side
Hospitality, Inc., dba Hafner's Bowling Center, 1560 White Bear Avenue North. (Uncontested)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 5 Nays - 0 (Blakey & Thune not present)
67. Resolution- 97-362 - Concerning adverse action against the cigarette license held by Holiday Station
Stores, Inc., dba Holiday#7, 500 7th Street East. (Uncontested)
Todd Knudten, District Manager, appeared and stated their employees are trained extensively and he
offered his apologies for this incident.
(Thune returned)
Councilmember Bostrom moved approval.
Adopted Yeas - 6 Nays - 0 (Blakey not present)
68. Resolution- 97-363 - Concerning adverse action against the cigarette license held by James S.
Kowalski, dba Kowalski's Grand Market, Inc., 1261 Grand Avenue. (Uncontested)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0 (Blakey not present)
69. Resolution- 97-364 - Concerning adverse action against the cigarette license held by Quality Food&
Gas, 1530 Sherwood Avenue. (Uncontested)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0 (Blakey not present)
70. Resolution- 97-365 - Concerning adverse action against the cigarette license held by Ronco
Corporation, dba Ron's Bar, 879 Rice Street. (Uncontested)
No one appeared in opposition; Councilmember Rettman moved approval.
Adopted Yeas - 6 Nays- 0 (Blakey not present)
71. Resolution- 97-366 - Concerning adverse action against the cigarette license held by Shannon
Kelly's, 395 Wabasha Street North. (Uncontested)
Jamie McGovern, owner, appeared and questioned the intention of the stings and said they seem like
entrapment. Council President Thune responded the intention is to encourage employees to check
identifications. He said Licensing staff was directed to not send an underage person into
establishments who might look much older and to not have people dress to look older.
Jamie McGovern asked if there were complaints about his establishment selling cigarettes or liquor
to underage people. Virginia Palmer, Assistant City Attorney, stated there have not been prior
complaints about Shannon Kelly's. This check was done as part of the City-wide compliance check
process of all establishments licensed to sell cigarettes. A communication will be forthcoming for
LIEP, at the request of Councilmember Harris, that will address the issues Mr. McGovern raised.
April 2, 1997, City Council Summary Minutes Page 12
Councilmember Bostrom noted that Licensing visited ten downtown businesses. Eight of those
refused sales and none of those establishments had been identified as previously selling cigarettes to
minors.
Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
72. Resolution- 97-367 - Concerning adverse action against the cigarette license held by SuperAmerica
Group, Inc., dba SuperAmerica#4410, 1198 Earl Street. (Uncontested)
John Kinzel, area manager, appeared and stated Licensing immediately tells a business when it has
failed but they should be told when they pass also. When employees of SuperAmerica sell cigarettes
to minors, they are immediately fired. If Licensing says a business has passed, employees could be
told they did a good job. Virginia Palmer stated Licensing sends letters to those who have passed a
compliance check. Mr. Kinzel said he does get a letter but sometimes it's three weeks after the
compliance check and then it is difficult to determine who the employee was. Ms. Palmer stated she
would take that suggestion back to Licensing. Mr. Thune suggested Licensing could note the date
and time the compliance check took place. Mr. Kinzel added that SuperAmerica also does their own
compliance checks.
Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
73. Public hearing to consider the report of the Administrative Law Judge concerning licenses held by E.
&K. Corporation, dba Checker's Nite Club, 1066 7th Street East. (Laid over from March 12)
Virginia Palmer, Assistant City Attorney representing the Office of License, Inspections and
Environmental Protection, stated this is a violation of the Class B Entertainment license. The owner
was notified of the hearing before the administrative law judge (ALJ) and was not present. The ALJ
accepted the facts as stated in the police report which involved lewd acts with a male dancer. The
recommendation was a$1,500 fine plus the cost of the hearing. In answer to Councilmember
Rettman, Ms. Palmer stated a Class B license requires a fully clothed performer and that it goes
beyond a Class C license.
Walter Engelhardt, owner, appeared and read part of the memorandum of the ALJ which indicated
exactly what the dancer was wearing. He said the ALJ made his determination on a statement Mr.
Engelhardt did not make. The Legislative Code has no boundaries for a Class B license or defines
fully clothed, he said.
Ms. Palmer stated the testimony was based on a letter which was quoted in full. Despite the fact that
Walter Engelhardt failed to appear,the ALJ still accepted Mr. Engelhardt's version of the facts. The
Class B license states all participants must be fully clothed at all times. Class C allows minimal
clothing.
Councilmember Bostrom moved to accept the findings, facts, and conclusion of the ALJ.
April 2, 1997, City Council Summary Minutes Page 13
Councilmember Rettman did not think the fine was enough and suggested doubling the fine to
$3,000 plus the ALJ costs.
In answer to a question by Councilmember Bostrom, Virginia Palmer responded the cost of the ALJ
hearing was probably $500 to $700.
Councilmember Bostrom accepted Councilmember Rettman's motion of a$3000 fine and amended
the recommendations to allow for a$3000 fine plus the costs of the hearing. Virginia Palmer stated
the maximum the Council can impose is $3000. Peg Birk stated the Council may deviate on an
individual case and put it in writing.
Accepted Administrative Law Judge's Findings of Fact, Conclusions, and Recommendation as
amended. Yeas - 7 Nays - 0
74. Public hearing to consider the report of the Administrative Law Judge concerning licenses held by
Lewis Stevens, dba Civic Center Auto Service, 459 Toronto Street.
Council President Thune stated a check for payment of the license was returned for insufficient funds
and it had to be sent to a collection agency. He said he was comfortable with this method and the
fee the city is charged. He said his preference would be that the City add the collection fee onto their
next payment as opposed to going to court again. He suggested the Council adopt this but have the
penalty be to assess any costs over and above the fee charged by the collection agency, not for the
ALJ hearing.
Councilmember Harris moved approval of Council President Thune's suggestion.
Councilmember Rettman asked if there is something the Council needs to change in the ordinance to
effect this change. Council President Thune responded the Council pays the money once it goes to
the collection agency. It saves court costs,the owner is tagged for the extra money as a separate bill
or added to the next license fee. Virginia Palmer concurred that it could be put onto the next license
fee. If the check is out for collection,the Council will have to do an adverse action to suspend the
license so they are not operating without a license.
Council President Thune responded that once the City is paid by the collection agency,the license is
paid and it does not seem worth the cost to go before an administrative law judge. Virginia Palmer
stated it would be possible to make a change so if someone does not pay their license fee, it would
not need to go through the entire adverse action process but could be brought before the Council for
suspension.
Councilmember Harris stated if the business does not pay their license fee,they should not have a
license. The Council should not have to go through an adverse action to suspend a license.
Councilmember Bostrom moved to accept the All report.
Accepted Administrative Law Judge's Findings of Fact, Conclusions, and Recommendation as
amended. Yeas - 7 Nays - 0
April 2, 1997, City Council Summary Minutes Page 14
75. Public hearing to consider the report of the Administrative Law Judge concerning licenses held by
Thanh Ngoc Nguyen, dba Cafe Karaoke Do Thanh, 1275 University Avenue West.
Virginia Palmer stated that this is a cabaret license and the most important issue is the condition
requiring the walk-through metal detector at the door. Because of the excessive cost of the metal
detector,the owner was told in the meantime to use a hand held metal detector. On at least four
occasions,there were violations of not using the wand at the door to check patrons.
Councilmember Rettman suggested the Council set a deadline date for installation of the detector.
Councilmember Blakey moved a three day suspension and 30 days to install the walk-through metal
detector or the license will be revoked. Mr. Blakey was concerned that the condition does not
specify the type of detector.
Accepted Administrative Law Judge's Findings of Fact, Conclusions, and Recommendation with
condition added to license. Yeas - 7 Nays - 0
40. Resolution- 97-350 -Approving preliminary design funding for an enclosed pedestrian walkway
between the Saint Paul Civic Center and the downtown skyway system.
Councilmember Rettman moved approval and stated the Council has already passed a resolution
setting aside $75,000 to have Winsor Faricy continue to draw the plans. This is the budget
amendment using $50,000 of the $75,000 to go to Winsor Faricy to continue the architectural
drawings. It will be back before the Council with complete funding sources. Councilmember
Megard asked which option would be drawn and Ms. Rettman responded the Council agreed the
architects would be working on both options.
Councilmember Harris asked about the time line. Councilmember Rettman stated it will be before
the Council again in six weeks. Mr. Harris stated he is willing to continue to move forward but is
not committed to the $8 million.
Adopted Yeas - 6 Nays - 1 (Blakey)
(The meeting was recessed from 6:05 to 7:50 p.m.)
Present- 5 Absent- 2 (Blakey and Harris)
76. Public hearing to consider the report of the Administrative Law Judge in the matter of four taxicab
licenses held by CIN&JNJ, Inc.
Virginia Palmer stated this involves four taxicab licenses. The sole owner was James Johannes who
died in November of 1994. The stock in the corporation was transferred to personal representative
Kenneth Rohleder who then filed an application for the renewal licenses for the following year.
LIEP considered the transfer of corporate stock in this manner to be a prohibited person to person
transfer of stock. The issue before the Council deals with the degree to which the Council wants to
April 2, 1997, City Council Summary Minutes Page 15
control licensing taxicabs. Ms. Palmer stated she distributed a memorandum of exceptions
addressing two possible results.
Ms. Palmer said her presentation to the Administrative Law Judge was that this was a transfer from a
corporation to the personal executive and was in fact a person to person transfer. Based on that
rationale, Ms. Palmer asked the Council to make an amended finding of fact indicating this was a
prohibited person to person transfer and to take adverse action. If the Council believes this situation
has not reached the point where there is an actual transfer of stock,the Council should consider this
corporation in limbo forever. The stock will be sold,transferred, or the corporation will be
dissolved. If the stock is sold,the City will be in the same situation as in the district court action
where it was found to be a violation of the Legislative Code on transfers. If the Council believes the
matter does not warrant action, an additional conclusion of law should be made which would
determine at the point of sale or transfer of stock,the licenses of CIN and JNJ would be void.
Council President Thune stated that if James Johannes had not died and said he would like this
person to take over his business, the City would have handled it differently.
Lee Peterson, representing CIN&JNJ, Inc., appeared and stated Mr. Rohleder is a lawyer and was
appointed by the will as a personal representative and succeeds to the stock by virtue of operation of
law. Mr. Rohleder has operated the taxicabs since Mr. Johannes' death. The taxicabs have been run
in an efficient, prompt, manner and he has complied with the regulations of the City of Saint Paul.
Mr. Peterson said he feels the judge did an excellent job in preparing the findings of fact, conclusions
of law, and has a well reasoned memorandum. He said the ordinance provides that a licensee or
applicant, upon a receipt of the hearing examiners findings, has an opportunity to go before the
Council to present oral or written arguments alleging error on the part of the examiners and present
argument related to the recommended adverse action. He said he has no obligations of error on the
part of the hearing examiners and he recommended the Council adopt a resolution that would
approve the application that was submitted in 1995 and 1996 and adopt the findings of facts and
conclusions of the ALJ.
Ms. Palmer reiterated that the ALJ felt the transfer from Mr. Johannes to his personal representative
does not constitute a person to person transfer of stock as defined by the Saint Paul Legislative Code.
She said she argued to the ALJ that a person is defined as an individual, corporation, firm,
partnership, association, organization, or other group acting as a unit and includes any executor,
administrator, trustee,receiver or other representative appointed by law. Mr. Thune stated that
technically Ms. Palmer is correct, but if the Council expects people to treat things like a business,
business assets should be able to be sold or transferred to the next of kin provided the person is the
right kind of character to run a business. He said he felt the City should recognize the other people
who have contributed to the business.
Councilmember Blakey was concerned about what the Council is trying to keep from happening and
asked if jobs are being taken away from other people.
Councilmember Rettman stated there is a waiting list for people who want taxi licenses and the
license transactions can only be done through the City.
April 2, 1997, City Council Summary Minutes Page 16
Councilmember Megard moved to accept the All report and said the license should terminate when
the stock is sold or if there is a transfer.
Council President Thune suggested the Council look into this issue as it takes a lot to build a
business and it does not seem fair that someone who retires should not be able to transfer it to
someone else.
Accepted Administrative Law Judge's Findings of Fact, Conclusions as amended(added Conclusion
of Law#10), and Recommendation.
Yeas - 5 Nays - 0 (Bostrom& Harris not present)
32. Discussion of responses to snow plowing issues raised at the January 15, 1997 Policy Session.
(Discussion continued from February 19) (Laid over from March 19) by Stacy Becker, Public Works,
and William Finney, Police Chief.
Councilmember Morton moved to layover to April 23.
Laid over to April 23 Yeas - 7 Nays - 0
33. Resolution- 97-132 - Directing the Department of Public Works to stripe an on-street bicycle lane
along Mississippi River Boulevard. (Laid over from March 5)
Councilmember Megard moved a 6 week layover at the request of Councilmember Harris.
Laid over to May 14 Yeas - 5 Nays - 0 (Bostrom& Harris not present)
34. Administrative Order:
D001166 Transferring $45,000.00 in CDBG funds to the 1997 Safe City Crime Prevention
program. (Laid over from March 19)
Councilmember Blakey stated no action was required.
Noted as on file in the City Clerk's Office
35. Letter from Mayor Coleman dated March 7, 1997, vetoing Council File 97-184 pertaining to hiring a
project manager to coordinate anti-gun activities. (Laid over from March 19)
Councilmember Blakey stated no action was needed.
37. Presentation by the Administration on an evaluation work plan for the Saint Paul Fire Chief. (Laid
over from March 26)
Councilmember Rettman stated that Councilmember Harris was concerned about this issue and since
he was not present at this time, she suggested it be held over. Tim Marx, Deputy Mayor, appeared
and stated he met with Mr. Harris about his questions on the work plan and the issues were resolved.
Councilmember Blakey moved to lay over one week.
Laid over to April 9 Yeas - 5 Nays - 0 (Bostrom&Harris not present)
April 2, 1997, City Council Summary Minutes Page 17
38. Resolution- 97-313 -Adopting the Thomas Dale Small Area Plan as an amendment to the
Comprehensive Plan. (Companion to Ordinance 97-222, Item#41) (Laid over from March 26)
Councilmember Morton moved approval.
Councilmember Blakey moved approval of an amendment which Councilmember Morton accepted
as friendly.
Councilmember Rettman clarified that this is only for the Maxson Steel site and the zoning should
end at the railroad site.
Adopted as amended Yeas - 5 Nays - 0 (Bostrom& Harris not present)
The Comprehensive Plan was also amended
39. Resolution- 97-349 - Creating a Capital City Development Program.
Councilmember Megard recommended this subject be a policy discussion issue at the April 30 City
Council meeting.
Laid over to April 30 Policy Session Yeas - 5 Nays - 0 (Bostrom&Harris not present)
ORDINANCES
41. Final Adoption- 97-222 -An ordinance adopting zoning ordinance amendments related to the
Thomas Dale Small Area Plan and 40 Acre Study. (Companion to Resolution 97-313, Item#38)
Councilmember Blakey moved approval.
Adopted Yeas - 5 Nays - 0 (Bostrom and Harris not present)
42. Second Reading - 97-314 -An ordinance amending Chapter 324 of the Saint Paul Legislative Code
to permit administrative payment of fines for first and second violations for sale of cigarettes to
minors.
Laid over to April 9 for third reading/public hearing
43. First Reading - 97-351- An ordinance finalizing City Council action approving the petition of the
Saint Paul Port Authority to rezone property at the Arlington-Jackson Business Park from B-2 to I-1.
(Public hearing held January 8, 1997).
Laid over to April 9 for second reading
44. First Reading - 97-352 -An ordinance finalizing City Council action approving the petition of Daniel
and Linda Burns to rezone property at 986 Grand Avenue from RM-2 to P-1. (Public hearing held
February 26, 1997)
Laid over to April 9 for second reading
April 2, 1997, City Council Summary Minutes Page 18
Councilmember Morton moved for suspension of the rules and approval of the following resolution:
Resolution- 97-368 -Authorizing and directing the proper City officials to execute an agreement
with the State of Minnesota for the purpose of permitting fire training exercises at 6101 Stagecoach
Avenue, 5920 Penrose Avenue, and 6046 Stagecoach Avenue, Oak Park Heights, MN.
Adopted Yeas - 5 Nays - 0 (Bostrom& Harris not present)
Councilmember Megard moved adjournment.
•�� ED A 7:58 P.M.
David ' une, Council President
ATTEST:
—(� Minutes approved by Council
Nancy And on ! 1c‘ci
Assistant Council Secretary
m/mce