Minutes 09-28-1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, September 28, 1994 - 3:30 PM
CTTY COUNCIL CHAMBERS, 3RD FL.00R
City Ha11 and Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:40 p.m. by Council President Thune.
Present - 7- Councilmembers Blakey, Grimm, Guerin, Harris, Megard, Rettman, Thune
Absent - 0
MISCELLANEOUS
56. Recognition of City of St. Paul retirees.
The following City of St. Paal retirees were recognized for their years of service to the City
of St. Paul: Mary Beckmann and Lorraine Lundquist, Office of License, Inspections, and
Environmental Protection; Penelope Quinn, Public Health, and Evelyn Yorga, Human
Rights.
SUSPENSION ITEM
Councilmember Megard moved for suspension of the rules to introduce the following
resolution. Roll Call Yeas - 7 Nays - 0
Resolution - 94-1410 - Recognizing Minnesota League of Women Voters 75th Anniversary
Torch of Democracy Parade.
Councilmember Megard introduced Sig Johnson, President of the St. Paul League of
Women Voters, and Mary Jo Lear, Vice President of the St. Paul League and constituent of
Ward 4.
Councilmember Megard read the resolution which noted that 1994 marks the 75th
anniversary of the Minnesota League of Women Voters and the 75th anniversary of
women's suffrage in the United States.
Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
55. Presentation by Jim Theurer, Ray Faricy, and John Connelly, 1575 Wheelock Ridge Road,
on two proposed Ramsey County Charter Amendments: No-Net-Loss of Park and Open
Space Land, and Vacancy in the Elected Offices of Sheriff or Attorney.
Friends of the Parks of St. Paul and Ramsey County asked the Charter Commission to add
the amendment stating that any park land that is sold for other purposes must be replaced
acre per acre in a similar quality. The second proposed amendment would limit the
appointment of the County Attorney or Sheriff until the next general election. C�inently
those elected offices are filled by a County Board appointment.
Councilmember Rettman moved to recall Council File 94-1364 for the purposes of second
reading; Ordinance amending Section 161.03 of the St. Paul Legislative Code: Snow
Emerg�ncy Routes and Parking Restrictions. This will still be heard in City Operations
Committee.
Adopted Yeas - 7 Nays - 0
September 28, 1994 City Council Summary Minutes Page 2
CONSENT AGENDA
NOTE: ALL ITEMS LISTED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOT/ON. THERE WILL BE NO
SEPARATE DISCUSS/ON OF THESE ITEMS. IF D/SCUSSION /S DESIRED, THAT /TEM W/LL BE AEMOVED
FROM THE CONSENT AGENDA AND CONS/DERED SEPARATELY.
Councilmember Harris moved approval of the Consent Agenda.
Roll Call Yeas - 7 Nays - 0
FOR ACTION
1. Approval of minutes of July 20, July 27, August 3, August 10 and September 21, 1994 Closed
Door Session.
Adopted Yeas - 7 Nays - 0
2. Claims of Nathan Jespersen, Tammy Kraus, Richard Munoz, Lonaine Pawlak, Lucille
Pollnow, St. Paul Pioneer Press, Ken and Ruby Rentfrow, and John and Susan Wildman.
Referred to the City Attorney's Office
3. Summons and Complaint in the matter of Nancy Boluc vs. the City of Saint Paul, et a1.
Referred to the City Attorney's Office
4. Notice of Dismissal in the matter of Independent School District No. 625 vs. the City of St.
Paul, et a1.
Referred to the City Attorney's Office
5. Petition of Daniel S. Lutz, Michele M. Appel and Nancy L. Johnson for the vacation of a 20
foot wide unimproved public alley situated behind 1140 St. Paul Avenue. (For refenal to
the Real Estate Division for approval as to form and su�ciency.)
Referred to the Real Estate Division for approval as to form and sufficiency
6. Letters from the Division of Public Health declaring 655 Desoto Street and 385 Lawson
Avenue East as "nuisance properties". (For notification purposes only; public hearings will
be scheduled at a later date if necessary.)
7. Letters from the Division of Public Health declaring 1543 Dale Street North and 1179
Hancock Street as nuisance properties and setting dates of Legislative Hearing for October
4, 1994, and City Council Hearing for October 12, 1994
8. I.etter from the Of�ce of License, Inspection and Environmental Protection (LIEP)
announcing date of public hearing for Wednesday, September 28, 1994, at 9:30 a.m. in the
Ramsey County Courthouse, Room 42, Lower Level, 15 West Kellogg Boulevard, St. Paul,
before an administrative law judge pertaining to Cti.irrency Exchange License Application of
Check Express, 1532 West University Avenue. (Interested parties should contact Christine
Rozek at 266-9114)
September 28, 1994 City Council Summary Minutes Page 3
9. Letter from the Office of License, Inspection and Environmental Protection (LIEP)
announcing date of public hearing for Wednesday, September 28, 1994, at 9:30 a.m. in the
Ramsey County Courthouse, Room 42, Lower Level, 15 West Kellogg Boulevard, St. Paul,
before an administrative law judge pertaining to C�rrency Exchange License Application of
Intemational C�urency Exchange, 981 Payne Avenue. (Interested parties should contact
Christine Rozek at 266-9114)
10. Letter from the Office of License, Inspection and Environmental Protection (LIEP)
announcing date of public hearing for Wednesday, September 28, 1994, at 9:30 a.m. in the
Ramsey County Courthouse, Room 42, Lower Level, 15 West Kellogg Boulevard, St. Paul,
before an administrative law judge pertaining to C'�nency Facchange License Application of
Ramsey Financial, 577 University Avenue. (Interested parties should contact Christine
Rozek at 266-9114)
11. Administrative Orders:
D00246 Authorizing payment not to exceed $200 to Kelly Inn, 161 St. Anthony Street, for
room and meeting costs incuned for a Critical Stress Incident Debriefing
conducted by the Department of Fire and Safety Services.
D00247 Amending the 1988 Budget in the Department of Public Works/Capital Projects
by reducing the spending and financing plan of the Hazel Pedestrian Bridge to
reflect actual financing.
D�248 Amending the Spending Plan of the 1994 budget in the Division of Parks and
Recreation/General Fund.
D�249 Addition of $2,626.07 to the contract for House of Hope Parking Lot
Improvements.
D00250 Amending the 1994 budget in the Division of Public Health/Special Revenue by
transfemng spending authority between various object codes in the
Immunization Action Plan Grant.
D00251 Amending the 1994 budget in the Division of Parks and Recreation/Special
Services to provide spending authority for additional office supply costs.
Noted as on file in the City Clerk's Office
12. Resolution - 94-1354 - Approving renewal of various Class III and Supporting Licenses by:
APCOA Inc., 9th/Sibley Streets; Earl Scheib Auto Painting, 807 7th Street East; Bethesda
Lutheran Hospital, 785 Cedar Street; Car-X Muffler Shops, 1201 White Bear Avenue; T&L
Custom, 694 Payne Avenue; Sears Roebuck & Co., 450 Marion Street; Watergate Marina,
2500 Mississippi River Boulevard South; YMCA of Greater St. Paul, 1075 Arcade Street;
APCOA Inc., 9th and lOth/Sibley Streets; Donald Keefe, 335 Wall Street; Deafness
Education Advocacy Foundation/Skarda's, 728 Armstrong Avenue; Lloyd's Automotive, 982
Grand Avenue; and Allstate Transmission, 293 Front Avenue. (ID # 10979-94798) (Laid
over from September 21 for adoption)
Adopted Yeas - 7 Nays - 0
13. Resolution - 94-1355 - Approving renewal of various On Sa1e Liquor and Supporting
Licenses by: Arbuckle's Bar & Grill, 374 St. Peter Street;
�ea--° `�� Applebee's Neighborhood Grill & Bar, 16� University Avenue West;
La.ndmark Beverage Service, 75 Sth Street West; Gatsby's, 2554 Como Avenue; Shenanigin's,
September 28, 1994 City Council Summary Minutes Page 4
499 Payne Avenue. (ID #11089-96941) (La.id over from September 21 for adoption with the
exception of Twins Motor Inn which was laid over indefinitely )
Adopted as amended Yeas - 7 Nays - 0 .
14. Resolution - 94-1356 - Approving the reappointment of Richard Arey, and the appointments
of Rafael Manrique, Allyson Hartle, Lou Michaels-Feldman, and Carol Osip, by Mayor
Coleman, to the Bicycle Advisory Board. (Laid over from September 21 for adoption)
Adopted Yeas - 7 Nays - 0
15. Preliminary Order - 94-1383 - In the matter of improving Stewart Avenue from Maynard
Drive to Rankin Street with concrete curb and gutter, grading and paving and a new lighting
system in conjunction with the Maynard/Stewart CSSP Project, and setting date of public
hearing for December 7, 1994. (File #18689A)
Adopted Yeas - 7 Nays - 0
16. Preliminary Order - 94-1384 - In the matter of constructing the Irvine Avenue Area Storm
Sewer Sepaxation Project bounded on the north by Summit Avenue, on the south by
Pleasant Avenue and Ramsey Street, on the west by Western Avenue, and on the east by
Vacated Chestnut Street, and setting date of public hearing for December 7, 1994.
(File # 18756) Adopted Yeas - 7 Nays - 0
17. Preliminary Order - 94-1385 - In the matter of improving Irvine Avenue from 640 ft. east of
Westem Avenue to Pleasant Avenue with a new bituminous surfaced roadway, concrete curb
and gutters, concrete driveway aprons and concrete outwalks; boulevard will be sodded and
lantem style street lighting will be installed, and setting date of public hearing for December
7, 1994. (File # 18757)
Adopted Yeas - 7 Nays - 0
18. Preliminary Order - 94-1386 - In the matter of constructing sanitary sewer, storm sewer
and/or water service connections, if requested by the property owner, in conjunction with
the Irvine Avenue Area Storm Sewer and Street Paving and Lighting Project, and setting
date of public hearing for December 7, 1994. (File # 18758)
Adopted Yeas - 7 Nays - 0
19. Preliminary Order - 94-1387 - In the matter of constructing the Eustis/Desnoyer Storm
Sewer Separation Project bounded by the City boundary on the west, Mississippi River
Boulevard on the south, Eustis Street and Pelham Boulevard on the east, and Frontenac
Place and Otis Avenue on the north, and setting date of public hearing for December 7,
1994. (File # 18759)
Adopted Yeas - 7 Nays - 0
20. Preliminary Order - 94-1388 - In the matter of improving various streets with a new
bituminous surfaced roadway, concrete curb and gutters, concrete driveway aprons and
concrete outwalks; boulevards will be sodded and lantern style street lighting will be
installed as part of the Eustis/Desnoyer Paving and Lighting Project, and setting date of
public hearing for December 7, 1994. (File #18760)
Adopted Yeas - 7 Nays - 0
September 28, 1994 City Council Summary Minutes Page 5
21. Preliminary Order - 94-1389 - In the matter of constructing sanitary sewer, storm sewer
and/or water service connections, if requested by the property owner, in conjunction with
the Eustis/Desnoyer Area Storm Sewer and Street Paving and Lighting Project, and setting
date of public hearing for December 7, 1994. (File #18?61)
Adopted Yeas - 7 Nays - 0
22. Preliminary Order - 94-1390 - In the matter of constructing a skyway bridge, concourse and
vertical access system connecting the Children's Museum and the World Trade Center
building, and setting date of public hearing for November 16, 1994. (File #18771)
Adopted Yeas - 7 Nays - 0
23. Resolution - 94-1391 - Establishing the rate of pay for Swimming Pool Supervisor (Oxford
Pool) in the Salary Plan and Rates of Compensation Resolution.
Adopted Yeas - 7 Nays - 0
24. Resolution - 94-1392 - Approving claim of Diana Collins, et al. against the City of St. Paul.
Adopted Yeas - 7 Nays - 0
25. Resolution - 94-1393 accepting the offer of the Minnesota Public Facilities Authority (PFA)
to purchase a$600,000 General Obligation Sewer Revenue Note of 1994, providing for its
issuance, and authorizing execution of a project loan agreement.
Adopted Yeas - 7 Nays - 0
26. Resolution - 94-1394 - Authorizing the transfer of budget authority from the Department of
Planning and Economic Development to the Division of Parks and Recreation and
authorizing the implementation of the Future Force Program.
Adopted Yeas - 7 Nays - 0
27. Resolution - 94-1395 - Affirming the decision of the City Council on September 14, 1994, to
deny the appeal of Judith A. O'Donnell to a decision of the Planning Commission approving
a site plan by Talmud Torah for expansion of the existing Edgcumbe School, 1287 Ford
Parkway.
Adopted Yeas - 7 Nays - 0
28. Resolution - 94-1396 - Amending the Financing and Spending Plans of the 1994 Outside
Services Budget of the City Attomey's Office.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
29. Resolution - 94-1032 - Approving the process for allocation of the half-cent sales tax
proceeds for the Neighborhood Sales Tax Revitalization Program. (Originated in Finance
and Budget Committee; refened to Council without recommendation) (Laid over from
September 21)
Councilmember Megard requested to withdraw resolution 94-1032.
Withdrawn
September 28, 1994 City Council Summary Minutes Page 6
30. Resolution - 94-1127 - Establishing the Neighborhood Sales Tax Revitalization Program.
(side-by side resolution to C.F. 94-1032) (Substitute introduced September 14; laid over from
September 21)
Councilmember Grimm stated that the key elements of this proposal are flexibility,
accountability, and maximum use of funds and leverage. She stressed flexibility for the
applicants and the distribution of grants and loans to neighborhoods which are defined as:
businesses, individuals, community development corporations, or any public, private or non-
profit entities. Grimm stressed the importance of monitoring the Council's accountability to
the neighborhoods by tracking allocations accurately. Maximum use of funds and leverage
can be attained through the allocation formula as well as specifying how these groups need
to work together. Councilmember Grimm moved for approval.
Councilmember Harris stated that to be eligible a public entity must establish a partnership
with a neighborhood organization when applying for a loan or a grant. This was noted to be
a friendly amendment.
A lengthy discussion ensued pertaining to the definition for "partnership:'
Councilmember Rettman suggested that Council wait to discuss the details of the definition
until the guidelines on these procedures come back to Council on November 15.
Council President Thune indicated that by Council's direction, the staff will develop the
proposed guidelines, the appointed committee will review them, and the City Council will
finalize and adopt them.
Gloria Bostrom, PED, assured the Council that the neighborhoods will have ample
opportunity to review the guidelines. PED will be forming work sessions with the
neighborhood members involved before the Council gives the final approval.
When asked for clari�cation on the phrase "low-interest loan, Ms. Bostrom stated there are
a number of different ways that an entity can apply for a loan, again stating that it is a very
flexible and creative process.
Councilmember Megard reminded the Council that the proceeds of this tax should be used
in such a way that they have significant and positive economic impact and are targeted to
such efforts as supporting housing, commercial revitalization initiatives and tax generation.
Council President Thune voiced his concern with developing sixty percent of this as a loan
program and questioned why sales tax money should be used for this kind of a fund. He
urged Council to put more money in the grant fund versus the loan fund to guarantee that
there is money to work with in the first few years. Thune suggested using the revenues from
the debt service to add to the loan fund to make it whole for the first year.
Councilmember Blakey reflected the concerns of the community members who called him
regarding the availability of these funds for their own particular community. He questioned
whether Council has veered away from its original intent with the tax.
Councilmember Rettman stated that Council should create a minimum floor, not a ceiling,
and it should be based on the realistic dollars that are coming in from sales tax. She urged
Council to consider the $700,000 maximum as a floor and not 30% of estimates, taking the
amount up to $1.3 million. Rettman argued strongly against the S 1.3 million as the basis for
the projections, stating that is only a theoretical amount.
Council President Thune responded that his proposal consists of actual dollar amounts that
are in the bank and not estimates. He admitted the loan fund will suffer for the �rst year,
otherwise the grant fund would be worthless and not provide a meaningful base. The
planning should start for local economic development initiatives.
Councilmember Megard agreed that grants actually help to leverage other dollars as well as
September 28, 1994 City Council Summary Minutes Page 7
private dollars. Megard stated that she does not support a minimum floor amount, nor does
she support the loan ratio of twenty percent. Council needs to establish less risk in the loan
fund and to eliminate the seed capital portion of it.
Greg Blees, Fiscal Policy Director, reported that he met with budget analysts to obtain
current information as of September 23, 1994. The lowest amount of revenue to come in
was estimated to be $8.2 million per year based on a two percent inflation rate. It is less
than what was originally projected.
Ms. Bostrom voiced concern about the inflation factor, especially because the sales tax
revenue is less than what had been projected. There was also concern about setting the
minimum amount available for grants. These are not bankable loans. The loans discussed
earlier may have defened payments, or may be interest-only loans, etc. The premise of a
sixty percent loan program is to provide loans that will have a retum to the City, so the City
can have investment for the future. She supported Councilmember Rettman's argument
that if the Council wants to assure that a portion of these dollars go to grants in years to
come, that Council has to deal with the $700,000, thirty percent of $2-2.5 million, which is
available for grants. This fact assures the Council that it will be investing on the loan side
for the future of the City. Bostrom restated that one-hundred percent of these dollars will
go to neighborhoods.
Mr. Blees cautioned the Council that the sales tax is not a stable revenue source and that
property taxes are more stable.
Councilmember Guerin asked for clarification on the Civic Center borrowing from the
neighborhood portion in 1995. He asked why the Civic Center, after the $65 million in
improvements, would not be bringing in enough excess revenue to pay off its own debt
service on the bonds, rather than borrow from the half percent from the neighborhood.
Mr. Blees responded that there are three sets of bond issues outstanding for the Civic
Center. If the Civic Center generates excess profits over the next few years, the pro�ts will
be applied to paying off the G.O. bonds that were issued to build the building. If the
economy of the City improves, the Civic Center would not have to bonow from the
neighborhood portion.
Councilmember Megard questioned whether every Councilmember agreed with the Mayor's
original intention to use the tax revenue to revitalize the neighborhoods commercially and
residentially versus "setting up a pot of money." She stated the guidelines should ensure that
the grants will generate matching dollars. But the loans, deferred or interest-free, don't
seem to address the Mayor's original intention of his proposal.
Councilmember Grimm clarified that improving and stabilizing housing stock was the
number one issue. The second issue is improving and stabilizing local businesses. The
grants are not giveaways. Grimm confirmed that there will be some organizations that are
not CDC's that will need the assistance and the expertise of the Council.
Patrick Seeb, Mayor's Office, stated firmly that the number one goal is neighborhood
revitalization.
Council President Thune stated that those community groups who approached the Council
in meetings past have said that the key is to make sure enough of the money is available not
to be repaid, but to be invested directly in projects.
Councilmember Megard moved approval of the amendment.
A lengthy discussion ensued between Councilmembers Rettman, Guerin, Hams and Grimm
pertaining to the clarification of the loan/grant ratio .
Roll Call Yeas - 2 Nays - 5(Guerin, Harris, Rettman, Grimm, Thune)
September 28, 1994 City Council Summary Minutes Page 8
Councilmembers Rettman, Megard and Harris discussed a friendly amendment to reduce
the �1.3 million amount to $950,000 in an effort to compromise.
Councilmember Harris moved for approval of amendment.
Roll call 7- Yeas 0- Nays
Councilmember Megard addressed several minor changes in the wording of the document.
Councilmember Harris moved for approval on the amendments.
Roll Call 7- Yeas 0- Nays
Councilmember Megard moved that Council allocate fifty percent of the combined
loan/grant fund to residential housing and fifty percent to commercial areas.
Roll Call Yeas - 2 Nays - 5(Guerin, Harris, Rettman, Blakey, Thune)
Councilmember Megard's motion failed.
Councilmember Rettman moved approval on the entire amendment.
Adopted as Amended Yeas - 7 Nays - 0
The meeting recessed at 5:45 p.m. and reconvened at 6:05 p.m.
Present - Councilmembers Guerin, Harris, Megard, Thune
Absent - Councilmembers Blakey, Grimm, Rettman (amved shortly after roll call).
31. Resolution - 94-1011 - Ordering the owner(s) to remove or repair building at 811 Case
Avenue within fifteen (15) days from adoption of resolution. (Laid over from July 27)
(Legislative Hearing Officer recommends approval)
Councilmember Guerin moved approval.
Adopted Yeas - 5 Nays - 0(Councilmembers Grimm and Rettman were not present for
vote)
Councilmember Grimm returned to the meeting after Item #32 was read and moved to
reconsider Item #3 L
Roll Call Yeas - 6 Nays - 0
Councilmember Grimm withdrew of this item because it is addressed in Item #46.
Withdrawn
32. Resolution - 94-1342 - Approving application for a Liquor On Sa1e (B), Liquor On Sale-
Sunday, and Restaurant-Limited (C) License by Chel-Kev, dba Willard's Liquors (Frank
Schwietz, President), 738 Thomas Avenue. (ID # 50287) (Public hearing held September 14
and laid over).
Councilmember Hanis moved approval and then withdrew his motion.
Councilmember Blakey moved to introduce a substitute resolution.
Mr. Kesler, LIEP, stated the license holder and the members of the neighborhood generally
compromise on the restrictions and conditions in the license.
Substitute and Adopted Yeas - 6 Nays - 0(Rettman not present for vote)
Mr. Blakey moved approval of the total amended version.
Adopted as amended Yeas - 6 Nays - 0
ORDINANCES
33. Final Adoption - 94-859 - An ordinance amending the Legislative Code by adding new
Sections 409.085 and 410.045 requiring notice to the Chief of Police of the presence of
September 28, 1994 City Council Summary Minutes Page 9
firearms in on-sale liquor premises, to require alcohol awareness training, and to require
training of bartenders on �irearms and the use of deadly force. (Refened to City Operations
Committee on June 15 with readings to continue in Council) (Public Hearing held on
August 24) (Substitute amended and laid over from September 14) (Substitute introduced
and laid over from September 21) (Referred to Council from City Operations Committee
with no recommendation)
Councilmember Blakey moved to introduce a substitute ordinance.
Mr. Kesler, LIEP, clarified the description of the substitute to read that there will be no
required alcohol awareness training.
Substitute introduced and laid over to October 5 for �nal adoption.
Roll Call Yeas - 7 Nays - 0
34. Final Adoption - 94-1065 - An ordinance establishing City residency as a condition of
employment for a11 City employees hired on an original entry basis after the effective date of
this ordinance. (Originated in City Operations Committee; Committee recommends
approval) (Substitute ordinance submitted to Council on July 27; substitute ordinance
submitted to Council on August 17 and laid over for continuation of public hearing;
substitute submitted and laid over August 24) (Laid over from September 14)
(Substitute Ordinance introduced and laid over from September 21)
Councilmember Megard Moved approval.
Adopted Yeas - 6 Nays - 1(Blakey)
35. Ordinance - 94-1237 - Amending Chapter 60 of the Saint Paul Legislative Code pertaining
to zoning for the City of Saint Paul and the zoning maps thereof; amending Ordinance C.F.
94-931, adopted July 20, 1994. (Adopted September 14, 1994; Reconsidered on September
21, substitute introduced and laid over to September 28 for �nal adoption)
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
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Laid over to October 5 for third reading/public hearing
36. First Reading - 94-1397 - An ordinance to amend Chapter 33 of the Saint Paul Legislative
Code, repealing the bond requirements on street encroachments.
Laid over to October 5 for second reading
37. First Reading - 94-1398 - An ordinance amending Chapter 33 of the Saint Paul
Administrative Code establishing the mileage reimbursement rate. (Originated in City
Operations Committee; Referred to Council with no recommendation)
Laid over to October 5 for second reading
September 28, 1994 City Council Summary Minutes Page 10
PUBLIC HEARINGS
38. Third Reading - 94-1339 - An ordinance accepting the Charter Commission's
recommendation for revision of City Charter Section 13.01.1, Disposal or Diversion of Park
Property.
No one appeared in opposition; laid over to October 5 for final adoption.
39. Third Reading - 94-1340 - An ordinance to prohibit corrupt influence, prohibit ex parte
contacts to Council Members, and permit adverse license actions for violations.
Councilmember Rettman expressed concern over the complexity of the language in the
ordinance and urged to refer this to Committee.
Councilmember Blakey moved to refer this to City Operations Committee and lay over to
October 12.
Roll Call Yeas - 7 Nays - 0
40. Resolution - 94-1399 - Approving application for a Ma1t On Sale (3.2) License by Mekong,
dba Chin Yung, (Kim H. Nystron, Owner), 1671 Selby Avenue. (ID #71397)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
41. Resolution 94-1400 - Approving application for a Liquor On Sale (A), Liquor On Sa1e-
Sunday, Restaurant (B), and Entertainment-Class IV License by Campus Sports Grill &
Nightclub Inc., dba Campus Sports Grill, (Martin R. Bertzyk, President), 2554 Como
Avenue. (ID #72567)
Councilmember Megard moved a substitute resolution and requested a two-week layover.
She indicated that she needs more time to negotiate some issues on this new license.
Substitute introduced; laid over to October 12
Roll Call Yeas - 7 Nays - 0
42. Resolution - 94-1401 - Approving application for a General Repair Garage License by
Joseph J. Yankovec, dba Best Auto Service, 933 Payne Avenue. (ID #78030)
No one appeared in opposition; Councilmember Grimm moved approval.
Adopted Yeas - 7 Nays - 0
43. Resolution 94-1402 - Approving application for the transfer of a Second Hand Dealer-Motor
Vehicle License by Fortune Auto Sales Inc., (Kou Richard Som, Vice President) from 845
South Robert Street to 646 Rice Street. (ID #99250)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
44. Resolution Ratifying Assessment - 94-1403 - In the matter of construction for the
Hampden/University Area Storm Sewer Separation Project bounded by Territorial Road,
Interstate Highway 94, Raymond Avenue, and Cleveland Avenue. (File # 18724)
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
September 28, 1994 City Council Summary Minutes Page 11
45. Resolution Ratifying Assessment - 94-1404 - In the matter of construction for the
Hampden/University Area Paving and Lighting Project. (File #18725)
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
46-47. Councilmember Harris moved continuation of Items #46 and #47 to be heard at the
reconvening of the Council Meeting directly after the H.R.A. Meeting.
Roll Call Yeas - 7 Nays - 0
48. Final Order - 94-1405 (Amended) - In the matter of condemning and taking of property for
the Burlington-Northern (Phalen Creek) Trail Access and future Trailhead development.
(File # 18747-A)
No one appeared in opposition; Councilmember Grimm moved approval.
Adopted Yeas - 7 Nays - 0
49. Resolution - 94-1406 - Ordering the owner(s) to repair or remove the building at 915-917
Ashland Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer recommends a three month layover in Legislative Hearings).
No one appeared in opposition; Councilmember Blakey moved a three-month layover to
December 28.
Roll Call Yeas - 7 Nays - 0
50. Resolution - 94-1407 - Ordering the owner(s) to repair or remove the building at 560
Burgess Street within fifteen (15) days from adoption of resolution. (Legislative Hearing
O�cer recommends a two week layover in Legislative Hearings)
Councilmember Rettman moved approval of allowing the owner 180 days to complete
rehabilitation of the building.
Adopted as amencled Yeas - 7 Nays - 0
51. Resolution - 94-1408 - Ordering the owner(s) to repair or remove the building at 396
Edmund Avenue within fifteen (15) days from adoption of resolution. (Legislative Hearing
Officer recommends allowing the owner 180 days to complete the rehabilitation of the
building)
Councilmember Blakey moved approval of allowing the owner 180 days to complete the
rehabilitation of the building.
Adopted as amended per recommendation of the Legislative Hearing Officer
Yeas - 7 Nays - 0
52. Resolution - 94-1409 - Ordering the owner(s) to repair or remove the building at 692 Fourth
Street within fifteen (15) days from adoption of resolution. (Legislative Hearing Officer
recommends approval)
Councilmember Guerin received a request from the community organizer in Dayton's Bluff
in HPC District to layover for thirty days because a party was interested in the property.
Councilmember Guerin moved a one-week layover to gather more information; laid over to
October 5.
Roll Call Yeas - 7 Nays - 0
53. Public hearing to consider the request of the Church of the Sacred Heart to rezone property
at 859/869 East Fifth Street from RT-1 (two-family residential) to RM-2 (multiple family
September 28, 1994 City Council Summary Minutes Page 12
residential) to allow elderly housing for 24 residents.
Kady Demms, P.E.D., distributed a letter that she received after the packets had gone out.
Councilmember Guerin indicated that he has reviewed this, has had no opposition from the
community, and moved approval
Motion of Intent Adopted Yeas - 7 Nays - 0
54. Public hearing to consider the request of Rein Midway Limited Partnership to rezone
property at 15XX University Avenue from B-2 (community business) to B-3 (general
business) to allow a fast-food restaurant with drive-through window.
Kady Demms, P.E.D., gave a summary of the staff report and indicated that the Zoning and
Planning Committees along with Staff recommend approval of the rezoning.
Dick McQuire, Midway Bank, states the drive-through fast-food restaurant would create
too much tr�c congestion and pollution at the west end of the Midway Shopping Center as
well as on the intersection of Snelling and University Avenues. Barton/Ashton, traffic and
engineering consultants hired by Midway Bank to study the congested area, supported
McQuire's predictions. McGuire further stated that traf�c conditions worsened with the
structuring of the bank entrance on Snelling to line up with Spruce Tree Drive on the other
side of Snelling around 1988. He cited the 2,000 area citizens who caxne forward in protest
of the rezoning. Midway Bank then retained the services of TKDA, an engineering and
architectural firm, in 1994 who concluded the same findings regarding congestion problems.
Mr. Danel Berkowitz and Kevin Cohen, engineers of Toltz King Duvall Anderson &
Associates (TKDA), presented a video which displayed the tra�c congestion during the
noon and evening peak hours. The drivers e�ting the Center onto Snelling to travel South,
North, or West had to wait through two or more cycles of traffic lights.
Mr. McQuire restated that the intersection received a rating of "F" on an"A-F" scale by
industry standards. He listed the people who are opposed to rezoning the area: University
United, four of the local Citizens Council, Midway Chamber of Commerce and others.
Mr. Bruce Hagerty, Past President of Midway Chamber of Commerce, encouraged
McDonald's to seek another site; ?�e cannot support bad development.
Margaret Syring, resident who drives through the intersection twice each day, stated the
dangers she e�eriences each time.
Marian LeClaire, resident, opposed the rezoning and the dangers that go with it.
Christine Bessly, resident, stated that the development plans for the Midway Center have
not been accompanied by the appropriate traffic plans, especially regarding walking safety
and littering problems.
Mr. Mark Vesley, resident four blocks from Midway, indicated he was in favor of a sit-down
restaurant on the site in question and against the drive-through, especially because of the
littering issues.
Ms. Wendy Thomas, resident living one block away, was opposed to the garbage that comes
with a drive-through restaurant. She stated that though she only lives one block away it is
easier to patronize the other McDonald's down university than to deal with the congested
traffic at the site in question.
Mr. John Galatowitsch, resident near the area, was pleased that the rezoning did not pass
yeaxs ago, but was frustrated to face a rezoning dispute again at this same sight.
Shirley Reider, President of Hamline/Snelling Community Council addressed pedestrian
safety issues and the surrounding communities' objection to the rezoning.
Mr. George Jurgensen, resident, expressed his frustration with the Planning and Zoning
Committee as well as his opposition to the restaurant.
Council President Thune clari�ed for the record that neither he nor the City had endorsed
September 28, 1994 City Council Summary Minutes Page 13
the 2,540 opposed and the 42 supporting postcards that were sent to Council. Then he
suggested that those who are in favor of rezoning may speak.
Mr. Scott Koecheler, President of Midway Merchants Association, and co-owner/operator of
business within the Center stated his concern with some of the empty buildings along the
Midway area and indicated his support for the increasing business in the area.
Mr. Frank Foster, 732 Inglehart Avenue, a police officer for 23 years, suggested a solution
regarding the traffic flow for the bank and the proposed McDonald's.
Mr. Tom Bina, Midway Center business owner, presented a list of 38 of the 39 business in
that area who are in support of the proposed McDonald's.
Mr. Tim Baylor, real estate representative for the McDonald's Corporation, asked that the
Council support the staffls recommendation to approve the rezoning application. He
introduced Mr. Lewis Henry, owner operator and other McDonald's employees for the
proposed McDonald's and listed their top qualifications from which the Midway area will
benefit. He listed the other sites that they had considered and the reasons why they were
not in the best interests of the community.
Mr. Lewis Henry, Owner/Manager of McDonald's, reminded those present of the many
minorities McDonald's trains and employs to improve the quality of the area, where other
area businesses are not so quick to employ minorities. He stated his concem with the
community side-stepping the important issues, human resources, to argue about the traffic
problems.
Mr. Joe Finley, 1157 Summit, attorney for the owner, presented reasons in support of
McDonald's trying to upgrade the Midway Center as well as his opinion on the
misinformation of the tra�c experts and cars lining up at the stoplight. He clarified that
Midway Center owns the land in question and that Midway Bank has no right to complain
when it was the Bank who actually trespassed.
Mr. Berkowitz objected to phrases like "trespassing" when it should be viewed as reciprocal
parking agreements.
Councilmember Harris moved to close the public testimony portion of the hearing.
Roll Call Yeas - 7 Nays - 0
Councilmember Megard thanked the public for their comments and clarified that "B3
Zoning" affects the entire neighborhood, all along University Avenue on both sides of
Snelling Avenue. Responding to the concern of the B3 status allowing adult
entertainment/bookstores in the area, Megard stated that the Midway Shopping Center
Owners have offered to put a restrictive covenant on the property, naming the City as a
party to consent to any change. Responding to the issue of traffic congestion and pollution,
Megard acknowledged the expert testimony of traffic consultants and the MPCA. She
concluded that the levels of both traf�c and pollutants are not out of compliance. Megard
suggested that Midway Bank, because it is not opposed to McDonald's in general, only the
traffic problems, work with the Midway Center Management and the City to achieve the
best possible solution for all involved. She acknowledged the benefits of having a
McDonald's in that area and cited McDonald's success at managing a multi-cultural
workforce and teaching young people job skills as key elements that influenced her decision.
Councilmember Megard moved approval of the rezoning.
Councilmembers Rettman and Megard clarified that the restrictive covenant is indeed
voluntary on the part of Midway Management, but that it is not part of the rezoning. The
covenant will be forthcoming and will be in effect for the duration of the property.
Sidewalks, more facade improvements of the Center, and intentions to improve relations
among the businesses in that area by establishing an association are also in the plans of the
Midway Center Management.
September 28, 1994 City Council Summary Minutes Page 14
Councilmember Blakey spoke in favor of McDonald's and restated the importance of
neighborhood trash conscientiousness on the part of the restaurant patrons.
Motion of Intent Adopted Yeas - 7 Nays - O
The meeting recessed at 8:10 p.m. and reconvened after the H.R.A. meeting.
Present - Councilmembers Blakey, Grimm, Harris, Megard, Rettman, Thune
Absent - Councilmember Guerin
46. Fina1 Order - 94-1289 - In the matter of construction of a surface parking lot for
approximately 12 to 13 parking spaces on a lot with a vacant house to be acquired and
demolished at 811 Case Avenue under the Places to Park Program. (File # 18743) (Laid
over from September 7)
Council President Thune noted this was discussed at the HRA Meeting.
Councilmember Grimm moved approval.
Adopted Yeas - 6 Nays - 0(Councilmember Guerin not present for vote)
47. Final Order - 94-1291 - In the matter of improving an existing parking lot, with HRA
leasehold improvement, owned by the Immaculate Heart of Mary Parish (Grand Avenue
and Snelling Avenue) to provide approximately 54 parking spaces for commercial use under
the Places to Park Program (File #18745) (Laid over from September 7)
Mr. John Dobson appeared to question whether the draft parking ordinance regarding no
parking without proper permit will be properly enforced.
Mr. Zdon stated that the Immaculate Heart of Mary parking lot will be operated as a
municipal lot with the first two hours being free to patrons and customers; anyone parking
longer than two hours will be required to have a permit. Area business groups will operate
and enforce a system to monitor and identify those who choose to park longer than two
hours.
Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0(Guerin not present for vote)
Councilmember Megard moved to adjoum.
Roll Call Yeas - 6 Nays - 0.
,
D T 9:20 P.M.
vid
ou Presid
ATTEST:
Minutes approved by Council
Nancy Ander Q-� . c� �,��� y
Assistant Counc� Secretary
kkm
y/? S'l�%�f
On Wednesday, September 28, 1994, the St. Paul City Council
will vote to rezone the area along University Avenue near Midway
Center from B2 to B3 in order to allow McDonald's Restaurant to
relocate its business with a drive-thru facility. If this
proposal is denied, McDonald's will leave the area. Please voice -
your support of the rezoning proposal by calling your local
council person, Bobbi Megard or Jerry Blakely, attending the
Council Meeting on September 28, 1994, at 3:30 PM in City Hall,
and signing the petition supporting McDonald's. Lets try to keep
a good merchant in our neighborhood.
MIDWAY MERCHANTS ASSOCIATION
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McDonald�s Resoninq
�nbearing in opposition
Richard McQuire
Midway National Bank
1578 University Avenue West 55104
Darrel Berkowitz,
Toltz King Duvall Anderson & Associations (TKDA)
444 Cedar Street 55101
Bruce Hagerty
(Midway Chamber of Commerce)
Hubbard Broadcasting
3415 University Avenue 55114
Margaret Syring
1659 Niles Avenue
St. Paul 55116
Marian LeClaire
1050 Sherburne Avenue 55104
Kristine Larson Vesley
Mark Vesley
1598 Edmund Avenue 55104
Linda Thomas
1495 Sherburne Avenue 55104
John Galatowitsch
1496 Ashland Avenue 55104
Shirley Reider
1448 Laurel Avenue 55104
George Jurgensen
1530 Ashland Avenue 55104
,
� ►��
� ,:
ADpearinct in SugAOrt of Rezonina
Scott Koecheler
Midway Center President
Midway Pro Bowl
1556 University Avenue West 55104
Frank Foster
737 Iglehart Avenue 55104
Thomas Bina
Westbrook Development Co.
1564 University Avenue West 55104
Tim Baylor (Real Estate Developer for McDonald's)
1650 West 82nd Street
Bloomington MN 55431
Lewis Henry (Owner/Manager)
McDonald's Restaurant
1468 University Avenue West 55104
Joe Finley (Attorney for McDonald's
1157 Summit Avenue 55105