Approved Minutes 5-28-1997 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, May 28, 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 3:50 p.m. by Council President Thune.
Present - 7 - Blakey, Bostrom, Collins, Harris, Megard, Morton, Thune
Absent - 0
CONSENT AGENDA
FOR ACTION
Councilmember Blakey requested Item #15 be removed from the consent agenda.
Nancy Anderson, Assistant Secretary to the City Council read the following announcements into the
record:
Letter from the Office of the City Attorney announcing a public hearing before the City Council
on June 4, 1997 concerning adverse action against licenses held by Bram Corporation, dba Arcade
Bar, 932 Arcade Street. (Uncontested)
Letter from the Office of the City Attorney announcing a public hearing before the City Council
on June 4, 1997 concerning adverse action against licenses held by H.K., Inc., of St. Paul, dba
Michael's, 1179 7th Street East. (Uncontested)
Letter from the Office of the City Attorney announcing a public hearing before the City Council
on June 4, 1997 concerning adverse action against licenses held by Shannon Kelly's, Inc., 395
Wabasha Street North. (Uncontested)
Letter from the Office of the City Attorney announcing a public hearing before the City Council
on June 4, 1997 concerning adverse action against Journeyman's Plumber and Gas Fitter
Competency Card held by David L. Grindland, 2953 Jordan Court,
Woodbury, MN. (Uncontested)
Letter from the Office of the City Attorney announcing a public hearing before the City Council
on June 4, 1997 concerning adverse action against Master Plumber and Gas Fittter Competency
Card and Business License held by Robert C. Wyllie, 89 Winnipeg Avenue. (Uncontested)
Councilmember Harris moved approval of the consent agenda as amended.
Adopted Yeas- 7 Nays - 0
May 28, 1997, City Council Summary Minutes Page 2
1. Approval of minutes of May 19, 1997 Closed Door Session.
Adopted Yeas - 7 Nays - 0
2. Claims of Jeremy Bouchard, Eleanor Fried, Thomas Greifzu, Weller Johnson, Arthur Peters,
John and Nancy Shea, and White Bear Area Senior Program.
Referred to Employee/Risk Management Division
3. Answer and Crossclaim of Defendant LHB Engineers & Architects in the matter of U.S. West
Communications, Inc. vs. the City of Saint Paul, et al.
Referred to the City Attorney's Office
4. Notice of Case Filing and Judge Assignment in the matter of Hiawatha Acquisitions L.L.C. vs.
the City of Saint Paul.
Referred to the City Attorney's Office
5. Notice of Hearing in the matter of the County of Ramsey vs. the City of Saint Paul, et al.
concerning the condemnation of certain lands for expansion of the Ramsey County Juvenile
Detention Center and Juvenile Court facility.
Referred to the City Attorney's Office
6. Letter from the Office of the City Attorney announcing a re-scheduled hearing before the City
Council on June 4, 1997, concerning the Renewal Application for Taxicab Driver's License held
by Daniel R. Breckman, 1057 Portland Avenue.
7. Letters from Saint Paul Public Health declaring 1359 Blair Avenue, 774 Capitol Heights, 275
Harrison Avenue, 677 Kent Street, 395 Michigan Street, 915 Sherburne Avenue, 846 Western
Avenue North and setting date of Legislative Hearings for June 3, 1997 and City Council
Hearings for June 11, 1997.
8. Letters from Saint Paul Public Health declaring 747 Central Avenue West, 369 Fuller Avenue,
and 702 Lawson Avenue East as "nuisance property." (For notification purposes only; public
hearings will be scheduled at a later date if necessary.)
9. Letter from Ramsey County Property Records and Revenue recommending a reduction in assessed
valuation for property at 2318 Marshall Avenue and 205 Otis Avenue. (Real Estate Division
recommends approval)
Adopted Yeas - 7 Nays - 0
10. Communication from Saint Paul Animal Control dated May 19, 1997, announcing a request from
the University of Minnesota Research Lab for unclaimed dogs and cats.
11. Administrative Orders:
D001229 Addition of$1,350.00 to the contract for furnace replacement at Edgcumbe
Community Recreation Center.
D001230 Approving lease agreement for space in the West Seventh Community Center for
the West 7th Popular Library.
May 28, 1997, City Council Summary Minutes Page 3
D001231 Approving expenses for the Chair of the Police-Civilian Internal Affairs Review
Commission to attend the annual conference of the National Association for
Civilian Oversight of Law Enforcement.
D001232 Addition of$17,883.00 to the contract for Saint Paul Civic Center Expansion,
Council President-4 Building Construction.
D001233 Addition of$8,883.00 to the contract for Saint Paul Civic Center Expansion,
Council President-4 Building Construction.
D001234 Addition of$19,081.00 for the contract for Saint Paul Civic Center Expansion,
Council President-4 Building Construction.
D001235 Addition of$5,531.00 to the contract for Saint Paul Civic Center Expansion,
Council President-4 Building Construction.
D001236 Addition of$9,493.00 to the contract for Saint Paul Civic Center Expansion,
Council President-4 Building Construction.
Noted as on file in the City Clerk's Office
12. Resolution - 97-586 - Approving the reappointments of Paul Finsness and Robert Nardi, by Mayor
Coleman, to the Truth-In-Sale of Housing Board of Evaluators. (Laid over from May 21 for
adoption)
Adopted Yeas - 7 Nays - 0
13. Resolution - 97-605 - Approving the appointment of Eric Schubert and the reappointments of
Robert Morgan and Diana Rodriguez, by Mayor Coleman, to the Saint Paul Neighborhood
Network. (To be laid over one week for adoption)
Laid over to June 4 for adoption
14. Resolution - 97-606 - Approving payment of$2,728.26 to American Family Insurance as
subrogee for Leng Xiong in full settlement of their claim against the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
15. (Discussed after the consent agenda)
16. Resolution - 97-608 - Approving the disposition of unauthorized vehicles impounded by the Police
Department in fifteen (15) days pursuant to Minnesota State Statute.
Adopted Yeas - 7 Nays - 0
17. Resolution - 97-609 - Increasing the 1997 CIB Budget for the Computer Aided Dispatch System
for sales tax.
Adopted Yeas - 7 Nays - 0
18. Resolution - 97-610 - Waiving the requirement for a petition for Grand Old Day block party
permit on June 1, 1997.
Adopted Yeas - 7 Nays - 0
19. Resolution - 97-611 - Authorizing spending from the Park Land Replacement Fund for the Phalen
Wetland Restoration Project.
Adopted Yeas - 7 Nays - 0
May 28, 1997, City Council Summary Minutes Page 4
20. Resolution - 97-612 - Authorizing continuation of the InterLibrary Loan Program paid with State
of Minnesota, Department of Children, Families and Learning, monies.
Adopted Yeas - 7 Nays - 0
21. Resolution - 97-613 - Continuing the agreement with the Minnesota Higher Education
Coordinating Board for automated cataloging access.
Adopted Yeas - 7 Nays - 0
22. Resolution - 97-614 - Providing funding to install a new phone system in the Central Library.
Adopted Yeas - 7 Nays - 0
23. Resolution - 97-615 - Requesting an extension of time to complete work being done on a building
at 374 North Wheeler Street.
Adopted Yeas - 7 Nays - 0
24. Resolution - 97-616 - Authorizing the Department of Fire and Safety Services to enter into a
training contract with Dakota County Technical College.
Adopted Yeas - 7 Nays - 0
25. Resolution - 97-617 - Authorizing execution of Holman Field Payment in Lieu of Taxes
Agreement.
Adopted Yeas - 7 Nays - 0
26. Resolution - 97-618 - Approving clarifying Resolution 96-1541 regarding previously passed
Shepard Road Design concept.
Adopted Yeas - 7 Nays - 0
27. Resolution - 97-619 - Authorizing the purchase of two parcels of vacant land for the Highwood
Bluff Acquisition Project.
Adopted Yeas - 7 Nays - 0
28. Resolution - 97-620 - Amending C.F. 96-326 to change the conditions of Vacation File 7-1995,
part of the alley in Block 4, Leech's Addition and to accept and file deeds of dedication of certain
easements.
Adopted Yeas - 7 Nays - 0
29. Preliminary Order - 97-621 - In the matter of sidewalk reconstruction on the south side of East
Geranium Avenue from Earl Street to Duluth Street; both sides of Greenbrier Street from York
Avenue to Sims Avenue; the north side of East Magnolia Avenue from Cypress Street to Earl
Street; both sides of Sherwood Avenue from Edgerton Street to Payne Avenue; and both sides of
Weide Street from York Avenue to Sims Avenue, and setting date of public hearing for July 23,
1997. (File #S97066-S97071)
Adopted Yeas - 7 Nays - 0
May 28, 1997, City Council Summary Minutes Page 5
30. Preliminary Order - 97-622 - In the matter of sidewalk reconstruction on the south side of West
Hoyt Avenue from North Albert Street to North Snelling Avenue, and setting date of public
hearing for July 23, 1997. (File #S97064)
Adopted Yeas - 7 Nays - 0
31. Preliminary Order - 97-623 - In the matter of sidewalk reconstruction on both sides of Jessie
Street from East Maryland Avenue to East Brainerd Avenue, and setting date of public hearing for
July 23, 1997. (File #S97065)
Adopted Yeas - 7 Nays - 0
32. Preliminary Order - 97-624 - In the matter of sidewalk reconstruction on both sides of Bush
Avenue from Stroh Drive to Weide Street; both sides of Euclid Street from Flandrau Street to
Kennard Street; both sides of Forest Street from Wilson Avenue to Euclid Street; with integral
curb on the north side of East Seventh Street from Ocean Street to Johnson Parkway at 1301 East
Seventh Street only; both sides of East Sixth Street from Cypress Street to Earl Street; both sides
of East Third Street from Cypress Street to Earl Street; both sides of East Third Street from
Forest Street to Cypress Street; and both sides of East Third Street from Mendota Street to Forest
Street, and setting date of public hearing for July 23, 1997. (File #S97072-S97079)
Adopted Yeas - 7 Nays - 0
15. Resolution - 97-607 - Approving payment of$10,000.00 to James Wilder and David O'Connor,
his attorney, in full settlement of their claim against the City of Saint Paul.
Councilmember Megard moved approval
Adopted Yeas - 5 Nays - 2 (Blakey, Harris)
FOR DISCUSSION
33. (Discussed later in the meeting; see page 20)
34. Resolution - 97-599 - Establishing a two-year phase-out of the special assessment for the annual
operation and maintenance of Town Square Park Loft. (Laid over from May 21)
Council President Thune distributed an amendment which was requested by the City Attorney's
Office.
Councilmember Harris moved to introduce the amendment. Yeas - 7 Nays - 0
Councilmember Harris moved to lay over two weeks and requested that Parks and Recreation staff
be present at the June 11 meeting.
Amended and laid over to June 11 Yeas - 7 Nays - 0
May 28, 1997, City Council Summary Minutes Page 6
35. Resolution - 97-600 - Reducing the Town Square maintenance assessment for seven (7) property
owners. (Laid over from May 21)
Councilmember Harris moved to lay over two weeks and requested that Parks and Recreation staff
be present at that meeting.
Laid over to June 11 Yeas - 7 Nays - 0
36. Report by the Administration on the status of City of Saint Paul legislation.
No report was given.
ORDINANCES
37. Final Adoption - 97-490 - An ordinance amending Chapter 176 of the Saint Paul Legislative Code
to prohibit persons from attaching objects to trees by injurious means, and replacing references to
the director of community services.
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
38. Final Adoption - 97-491 - An ordinance granting the Port Authority, and their successors in
interest, permission to operate and maintain existing railroad tracks crossing Ridder Circle.
Councilmember Collins moved approval.
Adopted Yeas - 7 Nays - 0
39. First Reading - 97-625 - An ordinance amending Chapter 246 of the Legislative Code to allow
consumption of alcohol on public streets which are blocked off as part of a block party, festival or
community event in the downtown business district.
Laid over to June 4 for second reading
Suspension Item
Pam Wheelock, Department of Planning and Economic Development, distributed the following
resolution:
Resolution - 97-675 - Approving the revised Term Sheet and interim plan of finance for the lease
of the new arena to be constructed as part of the Saint Paul Civic Center.
Ms. Wheelock presented the resolution and revised term sheet and provided an update on the
current status of the City's and State Legislature's efforts in securing an NHL hockey team.
May 28, 1997, City Council Summary Minutes Page 7
The following individuals appeared and spoke in support of St. Paul's efforts to secure a hockey
team:
Senator Randy Kelly
Senator Charles Wiger
Herb Brooks
Pat Fleury, St. Paul Hospitality Association
Randy Levy, Concert Promoter
Dan Wall, Mayor of Roseville
Gary Bastian, Mayor of Maplewood
Mike Gallivan,Acting Chair, St. Paul Chamber of Commerce
Dick Anfang, St. Paul Building Trades Council
Jaye Rykunyk, Sec.-Treas. Trades & Labor Assembly, and Principle Officer of the Hotel and
Restaurant Union
Ann Carlon, Eagan St. Paul Convention and Visitors Bureau
Eileen McMahon, President, St. Paul Convention and Visitors Bureau
Doug Johnson, Let's Play Hockey
Bill Morrissey, Gen. Manager, St. Paul Hotel& President, MN Hotel &Lodging Association
Representative Harry Mares
Kitty Rhoades, President, Suburban Area Chamber of Commerce
Ms. Wheelock reviewed the term sheet.
Councilmember Blakey asked what would happen if the State did not provide bonding. Ms.
Wheelock responded that staff has tried to identify the sources that would be used to provide the
financing in the event the State failed to act on the $65 million commitment of the Governor. If
nothing is done and the opportunity for an expansion franchise is allowed to pass St. Paul by in the
next few weeks, the City still has a 25-year-old facility that would require $25-30 million worth of
improvements and there would be very limited resources to be able to make the improvements.
Councilmember Blakey asked if the lodging tax goes directly into the general fund which pays for
services. If that is the case, he asked how services would be maintained.
Joe Reid, Budget Director,responded that the City's portion of the hotel/motel tax does go into the
general fund and that revenue would need to be supplemented by other revenue or adjustments
would have to be made in the City's budget. It is anticipated that the money will not be used until
the year 2000.
Councilmember Collins asked if there is any reliance on property taxes to finance the development.
Ms. Wheelock responded that there is no reliance or expectation that they would levy for the debt.
Councilmember Megard presented the following list of questions and requests for Mr. Reid:
- by June 2 she would like a written opinion from bond counsel as to whether or not the City has
the authority to bond for this money and whether or not a referendum is needed;
May 28, 1997, City Council Summary Minutes Page 8
- recommendations from the financial advisor on the effect the additional bonding might have on
the City's credit rating;
- a cash flow projection between now and the possible issuance of State bonds because some costs
will be incurred.
- if possible, some legally binding letters of financial commitments from business and labor
groups to replace the $600,000 in revenues that will be taken from the general fund.
- that a new term sheet will be acceptable with the team;
- commitments from the legislative delegation that they will be there for St. Paul.
Councilmember Bostrom moved to continue the hockey discussion to Monday, June 2, 1997 at 9:00
a.m.
Councilmember Harris requested that Ms. Wheelock provide a tentative schedule for the bond sale
and the amount of the bond sale before the Monday meeting.
Councilmember Harris moved for suspension of the rules to accept the resolution presented by
Ms. Wheelock and to lay over to the June 2 continuation meeting:
Laid over to June 2, 9:00 a.m., City Council Continuation Meeting. Yeas - 7 Nays - 0
(The meeting was recessed from 5:15 - 5:30 p.m.)
Present - 6 Absent - 1 (Megard - arrived shortly after roll call)
PUBLIC HEARINGS
47. Resolution - 97-629 - Approving application for a Parking Lot/Ramp License by Park N Jet LLC,
dba Park N Jet, 1460 Davern Street. (ID #77745)
Councilmember Harris distributed conditions for the license pertaining to landscaping provisions
that were worked out between the business owner and the district council. He also added a fifth
condition, which was also agreed to, indicating that the Park and Fly operators will park airport
shuttles in such a manner that they will not need to back up to enter or leave the parking lot as
they make a lot of noise when they back up.
Councilmember Harris moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
40. Third Reading - 97-564 - An ordinance amending Chapter 45 of the Saint Paul Legislative Code
relating to Nuisance Abatement.
Councilmember Collins moved to layover four weeks as he would like to discuss the ordinance
with the County.
Laid over to June 25 for continuation of third reading/ public hearing
Yeas - 7 Nays - 0
May 28, 1997, City Council Summary Minutes Page 9
41. Third Reading - 97-565 - An ordinance amending Chapters 60 and 62 of the Saint Paul Legislative
Code pertaining to zoning; cellular telephone amendments.
Bill Conners, President, Macalester-Groveland Community Council, appeared and stated he was
present to express the Community Council's concern about proposed amendments. Their position
is that the antennas should be required to be in residential zoned areas OS-1 and B2-C and be
required to be mounted on existing buildings or structures at least 60 feet tall without exception.
They are concerned about any other opportunities to place poles or other taller structures either
free standing or on shorter existing buildings within those zones. They would also like to see that
the areas where the free standing poles would be a permitted use would be in industrial and
commercial areas and that they be mandated to be the monopole type. Further, in situations
where they are mounted on buildings or on short poles on top of buildings, they feel it's important
that even in those situations they should go through the conditional use permit process and that a
condition be imposed that the antennas be incorporated into architectural elements of the building.
Roger Ryan, Department of Planning and Economic Development, responded that Mr. Conners'
suggestions are different from what is before the Council.
Councilmember Blakey asked if the monopole is addressed. Mr. Ryan responded that whenever
there is going to be a free standing pole in a residential or commercial district, it would be a
special condition use permit. One of the regulations is that the free-standing poles are preferred
but if there are special circumstances where another type of pole would be more appropriate, that
type could be permitted. Technology is changing and they want to be flexible in this regard.
(Thune left)
The following individuals appeared and spoke in support of the ordinance:
Peter Beck, AT&T
Dan Segalli, US West
Dave Hagen, SPRINT PCS
Marie Grimm, AT&T Wireless Services
Councilmember Harris moved to close the public hearing. Yeas - 6 Nays - 0 (Thune not
present for vote)
Laid over to June 4 for final adoption
(Bostrom Left)
42. Third Reading - 97-566 - An ordinance amending Chapter 409 of the Saint Paul Legislative Code
regarding temporary liquor licenses to reflect changes made by the State Legislature in the 1996
legislative session.
May 28, 1997, City Council Summary Minutes Page 10
Debbie Riggs, American-Germanic Institute, 301 Summit Avenue, and Mark Moeller, Chair of
the General Legislative Committee for the Business Review Council, appeared and spoke in
support of the ordinance.
Councilmember Harris moved to close the public hearing. Yeas - 5 Nays - 0 (Bostrom &
Thune not present for vote)
Laid over to June 4 for fmal adoption
43. Third Reading - 97-567 - An ordinance amending Chapter 410 of the Saint Paul Legislative Code
regarding temporary on-sale beer licenses to reflect changes made by the State Legislature in the
1996 legislative session.
No one appeared in opposition; laid over to June 4 for final adoption
(Thune returned)
44. Resolution - 97-626 - Approving application for an Auto Repair Garage License by Bernard
Mordorski, dba Bernie's Auto Repair, 1383 Arcade Street. (ID #23398)
Steve Christie, Assistant City Attorney, representing the Office of License, Inspections, and
Environmental Protection, stated that Mr. Mordorski has concerns about the conditions that have
been placed on the license that were previously agreed to as he would like to be able to operate his
business past 6:00 p.m. Mr. Christie informed him that would not be possible under the
conditions and if he did not agree to the conditions which relate to a special condition use permit,
he would likely find himself in an adverse action with the City. The determination by the
Planning Commission (PC) is what's at issue and it would be the PC that would determine the
reasonableness of the permit conditions. Mr. Christie recommended the Council deny approval if
Mr. Mordorski does not accept the conditions.
Barnard Mordorski, owner, reported that a hearing was to have been held regarding his license
application and it was canceled because the restrictions regarding the hours were not on the
license. He was then told in order to proceed with the City Council hearing he would have to
sign off on the conditions. He said he is not planning to operate late into the evening but being
off the premises by 6:00 p.m. would be restrictive with necessary cleanup and paperwork or a
customer who may need to pick up or drop off a vehicle later than 6:00 p.m. He presented a
petition signed by 31 neighbors in support of remaining open past 6:00 p.m.
Michelle Vojacek, 773 East Cottage Avenue, representing the Wheelock-Sherwood Cottage Block
Club, appeared and reported that the neighbors did not fully understand the petition they signed.
Councilmember Bostrom stated that car repair shops must co-exist with the neighborhood. Based
on hearings in the neighborhood, a recommendation came back that the hours of operation be 7:00
a.m. to 6:00 p.m. He suggested adding another condition that the driveway on Cottage Avenue
should be blocked off with concrete bumper strips or a curb on the street. Mr. Bostrom
encouraged Mr. Mordorski to establish a good working relationship in the neighborhood and if
May 28, 1997, City Council Summary Minutes Page 11
things work out well to come back to the Council for a possible extension to the hours of
operation.
Councilmember Bostrom moved approval with the addition of an eighth condition indicating that
the exit and entrance on Cottage Avenue be closed either by a curb or by concrete bumper strips.
Mr. Mordorski said it would be more affordable for him to install a chain to block the
entrance/exit and, also, he was concerned about a liability factor with bumper strips.
Councilmember Bostrom said he did not feel this would not be an attractive way to do it. Mr.
Mordorski agreed to the additional condition.
Adopted as amended Yeas - 7 Nays - 0
45. Resolution - 97-627 - Approving application for an Auto Repair Garage License by Micheal
Sullivan, dba Mike's Auto Service, 1229 Payne Avenue. (ID #20459)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
46. Resolution - 97-628 - Approving application for a Parking Lot/Ramp License by Imperial Parking
Inc., 175 5th Street East. (ID #59113)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
47. (See page 8)
48. Resolution - 97-630 - Approving application for a Restaurant-B, Entertainment-B, Gambling
Location-A, Sunday On Sale Liquor, and Liquor on Sale-A License by Richard A. DeFoe
Enterprises Inc., dba Club Cancun, 1638 Rice Street. (ID #96027)
Jim Klett, 101 Wheelock Parkway West, appeared and talked about the excessive sound level that
comes from the back of the building. He asked that a condition be put on the license to reduce the
sound level.
(Bostrom left)
John Bearth, 107 Wheelock Parkway West, appeared and also complained about the noise.
Councilmember Collins stated there were problems in February and early March and action was
taken to correct the problems. Mr. Bearth said the noise is not a problem during the week but it
is on Friday, Saturday and Sunday evenings.
Caroline Klett, 101 Wheelock Parkway West, appeared and stated the previous weekend the noise
was too loud for sleeping. She also requested that noise reduction be made a condition of the
license.
May 28, 1997, City Council Summary Minutes Page 12
Councilmember Collins stated that the District 6 Planning Council Land Use Committee was
going to be meeting the evening of May 28 to discuss this issue and he moved to lay the resolution
over one week for continuation of the public hearing.
Laid over to June 4 Yeas - 6 Nays - 0 (Bostrom not present for vote)
49. Resolution - 97-631 - Approving application for a Gas Station, Restaurant-C, Grocery-C and
Cigarette License by SuperAmerica Group Division of Ashland, dba SuperAmerica #4428, 232
Fairview Avenue South. (ID #39749)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0 (Bostrom not present for vote)
(Blakey and Bostrom were not present for the votes on Items 50 through 68)
50. Resolution - 97-632 - Approving application for a Gas Station, Restaurant-C, Grocery-C and
Cigarette License by SuperAmerica Group Division of Ashland, dba SuperAmerica #4151, 1580
Ford Parkway. (ID #64203)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
51. Resolution - 97-633 - Approving application for a Gas Station, Restaurant-D, Grocery-C and
Cigarette License by SuperAmerica Group Division of Ashland, dba SuperAmerica #4419, 925
Grand Avenue. (ID #98886)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
52. Resolution - 97-634 - Approving application for a Gas Station, Restaurant-C, Grocery-C and
Cigarette License by SuperAmerica Group Division of Ashland, dba SuperAmerica #4413, 2051
Grand Avenue. (ID #46066)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
53. Resolution - 97-635 - Approving application for a Gas Station, Restaurant-C, Grocery-C and
Cigarette License by SuperAmerica Group Division of Ashland, dba SuperAmerica #4430, 846
Johnson Parkway. (ID #34699)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
54. Resolution - 97-636 - Approving application for a Gas Station, Restaurant-C, Grocery-C and
Cigarette License by SuperAmerica Group Division of Ashland, dba SuperAmerica #4020, 399
Lexington Parkway North. (ID #22493)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
May 28, 1997, City Council Summary Minutes Page 13
55. Resolution - 97-637 - Approving application for a Gas Station, Restaurant-C, Grocery-C and
Cigarette License by SuperAmerica Group Division of Ashland, dba SuperAmerica #4359, 950
Lexington Parkway North. (ID #43299)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
56. Resolution - 97-638 - Approving application for a Gas Station, Restaurant-C, Grocery-C and
Cigarette License by SuperAmerica Group Division of Ashland, dba SuperAmerica #4038, 390
Maryland Avenue East. (ID #40618)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
57. Resolution - 97-639 - Approving application for a Gas Station, Restaurant-C, Grocery-C and
Cigarette License by SuperAmerica Group Division of Ashland, dba SuperAmerica #4425, 275
McKnight Road South. (ID #18760)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
58. Resolution - 97-640 - Approving application for a Gas Station, Restaurant-C, Grocery-C and
Cigarette License by SuperAmerica Group Division of Ashland, dba SuperAmerica #4040, 1771
Old Hudson Road. (ID #31040)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
59. Resolution - 97-641 - Approving application for a Gas Station, Restaurant-C, Grocery-C and
Cigarette License by SuperAmerica Group Division of Ashland, dba SuperAmerica #4039, 1146
Payne Avenue. (ID #10283)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
60. Resolution - 97-642 - Approving application for a Gas Station, Restaurant-C, Grocery-C and
Cigarette License by SuperAmerica Group Division of Ashland, dba SuperAmerica #4409, 957
Rice Street. (ID #75021)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
61. Resolution - 97-643 - Approving application for a Gas Station, Restaurant-C, Grocery-C and
Cigarette License by SuperAmerica Group Division of Ashland, dba SuperAmerica #4030, 1625
Rice Street. (ID #16629)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
May 28, 1997, City Council Summary Minutes Page 14
62. Resolution - 97-644 - Approving application for a Gas Station, Restaurant-C, Grocery-C and
Cigarette License by SuperAmerica Group Division of Ashland, dba SuperAmerica #4001, 296
7th Street East. (ID #30759)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
63. Resolution - 97-645 - Approving application for a Gas Station, Restaurant-C, Grocery-C and
Cigarette License by SuperAmerica Group Division of Ashland, dba SuperAmerica #4420, 1125
7th Street West. (ID #48484)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
64. Resolution - 97-646 - Approving application for a Gas Station, Restaurant-C, Grocery-C and
Cigarette License by SuperAmerica Group Division of Ashland, dba SuperAmerica #4032, 1734
7th Street West. (ID #12617)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
65. Resolution - 97-647 - Approving application for a Gas Station, Restaurant-C, Grocery-C and
Cigarette License by SuperAmerica Group Division of Ashland, dba SuperAmerica #4023, 577
Smith Avenue South. (ID #19926)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
66. Resolution - 97-648 - Approving application for a Gas Station, Restaurant-C, Grocery-C and
Cigarette License by SuperAmerica Group Division of Ashland, dba SuperAmerica #4356, 56
Snelling Avenue North. (ID #64257)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
67. Resolution - 97-649 - Approving application for a Gas Station, Restaurant-C, Grocery-C and
Cigarette License by SuperAmerica Group Division of Ashland, dba SuperAmerica #4358, 756
Snelling Avenue North. (ID #99769)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
68. Resolution - 97-650 - Approving application for a Gas Station, Restaurant-C, Grocery-C and
Cigarette License by SuperAmerica Group Division of Ashland, dba SuperAmerica #4421, 970
University Avenue West. (ID #35944)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 5 Nays - 0
(Blakey and Bostrom returned)
May 28, 1997, City Council Summary Minutes Page 15
69. Resolution - 97-651 - Concerning adverse action against Stephen & Victor's, Inc., dba Benson's
Bar, 1905 Stillwater Avenue, for lapse in liquor liability insurance. (Uncontested)
No one appeared in opposition. Steve Christie, Assistant City Attorney, appeared and indicated
that the penalty would take effect June 18, 1997.
Councilmember Harris moved approval.
Adopted as amended Yeas - 7 Nays - 0
70. Resolution - 97-652 - Concerning adverse action against cigarette license held by Beaver Lounge,
756 Jackson Street. (Uncontested)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
71. Resolution - 97-653 - Concerning adverse action against cigarette license held by Peter
Amundson, dba Borgstrom Pharmacy, 990 Payne Avenue. (Uncontested)
Adopted Yeas - 7 Nays - 0
No one appeared in opposition; Councilmember Harris moved approval.
72. Resolution - 97-654 - Concerning adverse action against cigarette license held by DeGidio's Bar,
425 7th Street West. (Uncontested)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
73. Resolution - 97-655 - Concerning adverse action against cigarette license held by Fuel Oil Service
Co., dba Gas Plus, 525 Lafayette Road. (Uncontested)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
74. (Discussed after #84, page 16)
75. Resolution - 97-657 - Concerning adverse action against cigarette license held by Midway
Enterprises, Inc., dba Hot Rods Bar & Grill, 1553 University Avenue West. (Uncontested)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
76. Resolution - 97-658 - Concerning adverse action against cigarette license held by Kim Hung
Market, Inc., 459 University Avenue North. (Uncontested)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
77. Resolution - 97-659 - Concerning adverse action against cigarette license held by Maureen E.
Flores, dba La Cucaracha Restaurant, 36 Dale Street South. (Uncontested)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
May 28, 1997, City Council Summary Minutes Page 16
78. Resolution - 97-660 - Concerning adverse action against cigarette license held by Stanley
Machovec, dba Machovec Food Market, 997 7th Street West. (Uncontested)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
79. (Discussed after #74, Page 17)
80. Resolution - 97-662 - Concerning adverse action against cigarette license held by BBB on Rice,
Inc., dba Schally's, 1091 Rice Street. (Uncontested)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
81. Resolution - 97-663 - Concerning adverse action against cigarette license held by Grosvenor
Properties, LTD., dba Sheraton Midway Hotel, 400 Hamlin Avenue North. (Uncontested)
Adopted Yeas - 7 Nays - 0
No one appeared in opposition; Councilmember Harris moved approval.
82. Resolution - 97-664 - Concerning adverse action against cigarette license held by Silver Mist
Corp., dba Skarda's Liquors, 728 Armstrong Avenue. (Uncontested)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
83. Resolution - 97-665 - Concerning adverse action against cigarette license held by Spanky's Inc.,
dba Spanky's Bar & Grill, 825 Jefferson Avenue. (Uncontested)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
84. Resolution - 97-666 - Concerning adverse action against cigarette license held by Avanti
Petroleum, Inc., dba Total Mart#5418, 281 Snelling Avenue. (Uncontested)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
74. Resolution - 97-656 - Concerning adverse action against cigarette license held by Governor's, 959
Arcade Street. (Uncontested)
Councilmember Bostrom stated this incident occurred on February 19, 1997. There was a change
in ownership on March 4, 1997 and Mr. Bostrom did not feel this adverse action should be the
responsibility of the current owner.
Council President Thune responded he felt this should be handled the same as a liquor violation
when a license changes hands. He did not feel it was wise to start changing the policy just
because it's a cigarette violation. He indicated that sometimes a license holder will change
ownership to avoid penalties.
Steve Christie, Assistant City Attorney, representing the Office of License, Inspections and
Environmental Protection, stated that the City Council has discretion in deciding whether to
May 28, 1997, City Council Summary Minutes Page 17
deviate from the matrix penalty for good reason. He said it was his understanding that the new
owner would accept the matrix punishment for the violation because he understands the historic
policy in these cases. However, he wanted to make it clear to the Council that this was a violation
of the previous owner and was not the responsibility of he or his staff. Mr. Christie advised the
Council that they could impose the $200 fine and honor the past practices or could deviate and
suspend the penalty and decide what sort of use would be made of such a violation in the future
under the matrix.
Council President Thune expressed concern about setting a precedent if past practices are not
followed.
Councilmember Morton pointed out that if another violation occurs it would then become a second
violation on the license. Council President Thune responded that if it's in the record that the
violation took place under the previous owner, any violation that follows could be taken into
consideration and it would be a reason to deviate downward.
The current owner got the bar back by default, Bostrom said, and he felt it was unfair that this
owner should be held responsible.
Councilmember Blakey said he felt the fme should be imposed but concurred that a notation
should be included that the violation occurred with the previous owner.
Councilmember Bostrom moved that the $200 fme be suspended.
Mr. Christie clarified that the violation would still appear on the license with the notation
discussed.
Councilmember Megard stated that a similar incident took place at an establishment in her ward,
the violation was kept and the new owner paid the find. In this case, there is a license and a
violation has occurred no matter who owns it she stated.
Councilmember Bostrom explained that in this case there was not a sales agreement between the
previous owner at the time the violation occurred.
Adopted as amended Yeas - 4 Nays - 3 (Blakey, Harris, Megard)
Mr. Christie summarized the rationale for granting the suspension saying it was an involuntary
transfer of the license after the violation occurred. Councilmember Harris requested that Mr.
Christie verify that there was not a sale in process
79. Resolution - 97-661 - Concerning adverse action against cigarette license held by Sager, Inc., dba
Rudy's Tin Cup, 1220 Rice Street. (Uncontested)
Councilmember Collins pointed out that the record shows the clerk stated that the decoy asked for
change but did not specify that the change was for the cigarette machine. He requested that when
May 28, 1997, City Council Summary Minutes Page 18
Licensing goes out with a decoy and they are using a cigarette vending machine, that it be clearly
stated by the decoy that the change will be used for the vending machine.
No one appeared in opposition; Councilmember Collins moved approval.
Adopted Yeas - 7 Nays - 0
85. Resolution - 97-575 - Ordering the owner to remove or repair the building at 796 Laurel Avenue
within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer recommends
approval and amending the date for repair or removal to 180 days) (Laid over from May 14)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted as amended (per recommendation of Legislative Hearing Officer)
Yeas - 7 Nays - 0
86. Resolution - 97-667 - Approving the decision of the Legislative Hearing Officer for Property Code
Enforcements for property located at 1053 Cromwell Avenue, 355 Maria Avenue, 297 North
Western Avenue, 1055 Laurel Avenue, 111 East Kellogg Boulevard, and 1390 Carling Drive
#202.
No one appeared in opposition. Councilmember Morton moved approval with an amendment to
355 Maria Avenue, Apt. 14 & 18, that they be required to have the regular size escape windows.
Adopted as amended Yeas - 7 Nays - 0
87. Resolution - 97-668 - Approving the amendment of the Redevelopment Plan for the Seventh Place
Redevelopment Project, Modification of the Tax Increment Financing Plan for the Seventh Place
Redevelopment Project, and Creation of the Block 39 Renewal and Renovation Tax Increment
Financing District and the Tax Increment Financing Plan related.
Tony Shirtler, Department of Planning and Economic Development Presented a substitute
resolution. He explained that creation of the Block 39 Tax Increment District is for the Lawson
Software office building and parking ramp that will be built. A presentation was made before the
Planning Commission and they determined that the Block 39 Tax Increment Plan conforms with
the Comprehensive Plan. The CIB Committee was also presented the Block 39 Plan. The plan
removes the block bounded by St. Peter, Wabasha, Fifth and Sixth Streets establishing the
findings that there are minimum criteria there to establish a renewal and renovation district.
No one appeared in opposition; Councilmember Harris moved to introduce the substitute
resolution and approval.
Substitute adopted Yeas - 7 Nays - 0
88. Resolution - 97-669 - Approving the vacation of part of Rose Avenue west of realigned Prosperity
Avenue allowing the vacated area to accrue to the Healtheast property at Rose and realigned
Prosperity.
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
May 28, 1997, City Council Summary Minutes Page 19
89. Final Order - 97-670 - 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.
(File #S97032)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
90. Final Order - 97-671 - Amending the Final Order for the Arlington/Ruth Area Street Paving and
Lighting Project. (File #18833)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
91. Final Order - 97-672 - 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. (File #18839, 18839-W)
No one appeared in opposition; Councilmember Harris moved to layover two weeks.
Laid over to June 11 Yeas - 7 Nays - 0
92. Resolution Ratifying Assessment - 97-579 - In the matter of construction of storm sewer and
sanitary sewer service connections, as requested by the property owner, in conjunction with the
Grand/St. Albans area storm sewer and street paving and lighting project. (File #18713) (Laid
over from May 14)
No one appeared in opposition; Council President Thune requested that the property behind 400
Summit Avenue be laid over indefinitely.
Councilmember Megard moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
(Property behind 400 Summit Avenue laid over indefinitely)
93. Resolution Ratifying and Confirming Condemnation and Awards of Damages and Assessment -
97-673 - In the matter of permanent easement for public right-of-way for Maiden Lane between
Nina Street and Selby Avenue. (File #18840)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
94. Resolution Ratifying Assessment - 97-674 - In the matter of improving Humboldt Avenue between
George Street and Robie Street. (File #18814)
No one appeared in opposition; Councilmember Bostrom moved approval.
Adopted Yeas - 7 Nays - 0
May 28, 1997, City Council Summary Minutes Page 20
95. Public hearing to consider the application of the Housing and Redevelopment Authority/Dayton's
Bluff NHS to rezone property from B-2 (community business) to RT-1 (residential) to allow
construction of five single family homes at 688 East 3rd Street (southeast corner of 3rd and
Maria).
No one appeared in opposition; Councilmember Morton moved approval.
Adopted Yeas - 7 Nays - 0
96. Public hearing to consider the application of the Housing and Redevelopment Authority/Dayton's
Bluff NHS for a preliminary and final plat to allow property at 688 East 3rd Street (southeast
corner of 3rd and Maria) to be subdivided into five lots for single family home development.
No one appeared in opposition; Councilmember Morton moved approval.
Adopted Yeas - 7 Nays - 0
33. Resolution - 97-506 - Staff recommendation regarding policy for promoting equal opportunity and
diversity through the City's professional services contracting process. (Laid over from May 14)
Councilmember Blakey moved approval.
Councilmember Collins moved to change the date on Line 19 from June 1 to July 30 for
departments to develop a list of contracting needs. The amendment was accepted as friendly.
Councilmember Harris moved an amendment whereby departments would identify the amount of
dollars they will need for professional services contracts and as part of their budget submission, it
would be the intent of the Council to allocate 50% of it, and Tyrone Terrill, Department of
Human Rights, would review and determine how the money gets spent. If the retention and hiring
of professional services under the professional service contract category meet with the Council's
expectations, the money would be released.
Martha Larson, Department of Technology and Management Services, appeared and stated she
felt the Council should provide for circumstances where a department intends to expend the vast
majority of its professional services budget early in the year. She asked if the Council would be
willing to entertain an earlier report to free up the balance of the 50%.
Councilmember Harris responded that the resolution is a statement of intent and policy and as they
go through the budget cycle Ms. Larson will know more as to what the anticipated needs will be
in 1998 for these types of expenditures and adjustments can be made.
Ms. Larson clarified that in terms of a department being able to achieve its affirmative action
goals, the Department of Technology and Management Services, which oversees the Purchasing
Division, is responsible for providing support to the line departments in identifying vendors of
those professional services which are women and minority owned businesses. She suggested there
be an adjustment to the amendment to suggest that it's the Office of Human Rights and the
Department of Technology and Management Services that should be reporting back to the City
Council. Councilmembers Harris and Blakey accepted Ms. Larson's suggestion.
May 28, 1997, City Council Summary Minutes Page 21
Councilmember Blakey moved an amendment to Line 34 to change from "periodically" to
"monthly" reports upon the advisement of Mr. Terrill, Office of Human Rights, who stated that
the reason for the monthly requirement is to identify a problem or the success of a department. If
they wait quarterly there could be a tremendous amount of expenditure during that time.
Adopted as amended Yeas - 7 Nays - 0
Suspension Items
Councilmember Harris moved for suspension of the rules and approval of the following
resolution:
Resolution - 97-676 - Amending Council File 88-481 by eliminating the requirement that an
outside party inspect fire protection systems.
Adopted Yeas - 7 Nays - 0
Councilmember Harris moved to recess the City Council Meeting to Monday, June 2, 9:00 a.m. for
continuation of discussion of Resolution 97-675. Yeas 7 Nays - 0
Recesses 0 p.m.
David Thun' o . - it President
ATTEST:
Minutes approved by Council
Nancy le sts4 (�s,n� o� $
Assistant Council Secretary
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