Minutes 09-21-1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, September 21, 1994 - 3:30 PM
CITY COUNCII. CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:45 p.m by Council President Thune.
Present - 5- Councilmembers Guerin, Harris, Megard, Rettman, Thune
Absent - 2- Councilmember Grimm (Excused) Blakey (arrived shortly after roll call)
MISCELLANEOUS
51. Presentation of 1994 Library Youth Volunteer Service Awards.
Forty-two 1994 Saint Paul Library Youth Service Volunteers were individually recognized
and awards were presented by each Councilmember to the individuals who volunteered at
the library in their respective ward.
CONSENT AGENDA
Nancy Anderson, Assistant Secretary to the City Council, noted that a correction was
required to Item 18.
Councilmember Megard requested that Items 9 and 11 be removed for discussion.
Councilmember Guerin requested that Item 13 be removed for discussion.
Council President Thune requested that Items 17 and 19 be removed for discussion.
Councilmember Rettman made a correction to Administrative Order D00236 as noted
below.
Councilmember Rettman moved approval of the Consent Agenda as amended.
Roll Call Yeas - 6 Nays - 0
NOTE: ALL ITEMS L/STED UNDER CONSENT AGENDA WILL BE ENACTED BY ONE MOTION. THERE W/LL BE NO
SEPARATE DISCUSSION OF THESE ITEMS. IF DISCUSSION /S DESIRED, THAT ITEM WILL BE REMOVED
FROM THE CONSENT AGENDA AND CONSIDERED SEPARATELY.
FOR ACTION
1. Claims of Virginia Ann Buckley, James C. Hammes, Thomas J. Heinl, Kimberly K. Jensen,
Scott G. Johnson, Samuel Krauss, Helen Lloyd, Steven R. Magner, Esther Mersky, Ben
Simon, Joann M. Student, Delores Walsh, and Elaine Wiley.
Refened to the City Attomey's Office
2. Letters from the Division of Public Health declaring 942 Duchess Street, 611 Edmund
Avenue, 342 Magnolia Avenue East, 337 Saratoga Street South, and 696 Sixth Street East as
"nuisance properties". (For notification purposes only; public hearings will be scheduled at a
later date if necessary.)
September 21, 1994 City Council Summary Minutes Page 2
3. Letter from the Department of Planning and Economic Development, Planning Division,
setting date of public hearing for October 12, 1994, to consider the request of the St. Paul
Port Authority to rezone property located on the east side of Interstate 35E between West
Seventh Street and Shepard Road from B-3 (commercial) and I-3 (heavy industrial) to I-1
(light industrial) to allow development of an industrial park for I-1 uses.
4. Letter from the Department of Finance and Management Services announcing date of
public hearing for October 19, 1994, in the matter of the Petition of Robert M. Doody for
the vacation of part of the alley in Block 1, Denslow's Addition to the City of St. Paul,
bounded by Front Avenue, Kent Street, Stinson Street and Mackubin Street.
5. Administrative Orders:
D00234 Amending the 1994 budget in the Division of Public Health for Refugee & Lead
Programs.
D00235 Authorizing payment in the amount of $367 to the University of Saint Thomas
for a ceremony recognizing police officers.
D00236 �� ���!€ of $11,664 from the contract for Hillcrest Community
.... .. . .. n 4:.Jy.
Recreation �Center Site Development - Part Two.
D00237 Addition of $11,224 to the contract for construction of the East Side Community
Center.
D00238 Authorizing payment not to exceed $500 for an independent engineering review
of Harriet Island public dock plans.
D�239 Amending the 1994 budget in the City Clerk's O�ce by transferring funds to pay
for the contract for election services with Ramsey County.
DW240 Amending the spending plan/1994 budget in the Division of Parks and
Recreation/Special Services.
D00241 Amending the spending plan/1994 budget in the Division of Parks and
Recreation/Municipal Stadium.
D00242 Amending the spending plan/ 1994 budget in the Division of Parks and
Recreation/Municipal Athletics.
D00243 Amending the spending plan/1994 budget in Executive Administration/General
Fund.
D00244 Amending the 1994 budget in the Department of Planning and Economic
Development/Community Development Block Grant Fund.
D00245 Amending the 1994 budget in the Department of Planning and Economic
Development/Operations Fund.
Noted as on file in the City Clerk's Office
6. Resolution - 94-1324 - Approving renewal of On Sale Wine, On Sale Malt (3.2), and
Restaurant-B License by Roses Vietnamese C�isine, Inc., dba Roses Vietnamese Cuisine,
2447 West 7th Street. (ID #28661) (Laid over from September 14 for adoption)
Adopted Yeas - 6 Nays - 0
7. Resolution - 94-1325 - Approving renewal of On Sa1e Liquor Club-C, Sunday On Sale
Liquor, and Restaurant-B License by Anderson-Nelson VFW Post 1635, dba Anderson-
Nelson VFW Post 1635, 648 East Lawson Avenue. (ID #71431) (Laid over from September
14 for adoption)
Adopted Yeas - 6 Nays - 0
September 21, 1994 City Council Summary Minutes Page 3
8. Resolution - 94-1326 - Approving renewal of On Sa1e Liquor Club, Sunday On Sa1e Liquor,
and Restaurant-B License by Arcade Phalen Post 577 The American Legion, dba Arcade
Phalen Post 577, 1129 Arcade Street. (ID #61437) (Laid over from September 14 for
adoption)
Adopted Yeas - 6 Nays - 0
9. (Discussed later in the meeting)
10. 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
C�stom, 694 Payne Avenue; Sears Roebuck & Co., 450 Marion Street; Watergate Marina,
25� Mississippi River Boulevaxd South; YMCA of Greater St. Paul, 1075 Arcade Street;
APCOA Inc., 9th and 10th/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) (To be
laid over one week for adoption)
Laid over to September 28
11. (Discussed later in the meeting)
12. 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. (To be laid over one week for adoption)
Laid over to September 28
13. (Discussed later in the meeting)
14. Resolution - 94-1357 - Providing for a matching grant in the amount of $16,667 for the
Police Youth Liaison project.
Adopted Yeas - 6 Nays - 0
15. Resolution - 94-1358 - Accepting a grant in the amount of $50,000 from the State of
Minnesota for the Police Youth Liaison project.
Adopted Yeas - 6 Nays - 0
16. Resolution - 94-1359 - Amending Council File 94-1258 adopted on August 24, 1994, by
correcting the legal description to read, vacation of all of the north-south alley that adjoins
Lots 5 through 12, Block 5, Saint Catherine Park, lying southerly of the northerly line of Lot
6, Block 3, Edgecliffe Addition Number 2, extended easterly across said alley.
Adopted Yeas - 6 Nays - 0
17. (Discussed later in the meeting)
18. (Discussed later in the meeting)
19. (Discussed later in the meeting)
September 21, 1994 City Council Summary Minutes Page 4
9. Resolution - 94-1353 - Approving renewal of Hotel/Motel to 50 rooms and Hotel/Motel
additional rooms License by EM-TY Corporation, dba Twins Motor Inn, 1975 University
Avenue West. (ID # 19115) (To be laid over one week for adoption)
Councilmember Megard moved to lay over inde�initely at the request of the Chamber of the
Commerce.
Roll call to lay over indefinitely Yeas - 6 Nays - 0
11. Resolution - 94-1355 - Approving renewal of various On Sale Liquor and Supporting
Licenses by: Arbuckle's Bar & Grill, 374 St. Peter Street;
�ex--���; Applebee's Neighborhood Grill & Bar, 1600 University Avenue West;
Landmark Beverage Service, 75 Sth Street West; Gatsby's, 2554 Como Avenue; Shenanigin's,
499 Payne Avenue. (ID # 11089-96941) (To be laid over one week for adoption)
Laid over to September 28 with the exception of Twins Motor Inn which Councilmember
Megard moved to lay over inde�nitely. Yeas - 6 Nays - 0
13. Resolution - 94-1304 - Establishing revised water/sewer billing late payment penalty charges.
(Laid over from September 7)
Councilmember Guerin moved for suspension of the rules to introduce a substitute
resolution. Roll Call Ayes - 4 Nays - 0
Councilmember Guerin moved approval of the substitute resolution.
Adopted Yeas - 6 Nays - 0
17. Resolution - 94-1360 - Authorizing the vacation of a 0.50 foot building encroachment (Town
Square) into Cedar Street between Sixth Street and Seventh Street. (Public hearing held on
June 22, 1994)
Councilmember Hanis moved for introduction and approval of a substitute resolution.
Adopted Yeas - 6 Nays - 0
18. Resolution - 94-1361 - Authorizing the vacation of a 0.50 foot building encroachment (Town
Square) into Minnesota Street between Eighth Street and Seventh Street. (Public hearing
held on June 22, 1994)
Line 25 of the resolution was amended to read .....within 60 days of �:�q��:
.::..:.........::......:.
date of this resolution.
Councilmember Harris moved approval as amended.
Adopted as Amended Yeas - 6 Nays - 0
19. Resolution - 94-1362 - Requesting a closed door meeting to consider the Saint Paul Police
Federation's bargaining contract issue for aftemoon shift schedules for the patrol force.
Councilmember Guerin stated that he had received numerous phone calls from police
officers pertaining to the proposed afternoon shift schedules. He indicated that he wanted
to review the pros and cons, and whether it is an issue the City Council should take a
position on or not. He questioned why the schedule change was being done and indicated
that Police Federation membership is very upset with the change. Speaking in favor of the
resolution were:
Dan Vannelli, President of the St. Paul Police Federation, who raised the issue of officer
morale and family time for the of�cers. There cunently is less police coverage from Sunday
through Wednesday than the rest of the week. Over the past ten years, the department
September 21, 1994 City Council Summary Minutes Page 5
determined that the busiest days of the week are Thursday, Friday, and Saturday. One year
ago the ten-hour shift was modified to reflect coverage on those days. Mr. Vannelli
reviewed charts and distributed handouts showing the calls for service, for all four teams,
each day of the week. He stated that one has to look at what actually happens in
deployment and not be deceived by numbers. He further stated that currently with a ten-
hour shift, officers are then given three consecutive days off work. With the proposed eight
hour shift, they would have two days in a row off. This would be a 33% reduction in family
time. The afternoon shift is not a good one for family life as an officer can only see his/her
family on days off, he said.
Also speaking in favor of the resolution and against the shift change were: Brenda
Anderson, 2338 Chelton Avenue, wife of a St. Paul Police Officer; Officer Bradley, Bicycle
Cop; and Janelle Rivit, wife of a St. Paul Police Officer.
Chief William Finney stated that on September 8, 1994, he notified the Police Federation
via a memorandum that the ten-hour aftemoon shift would not be available for o�cer
selection in 1995. Chief Finney said that he and the Federation agreed to meet on
September 28 to discuss the Federation's reaction to the change and whether or not they
would wish to participate with the police administration in designing an alternative schedule.
On September 16, Chief Finney said he learned that a City Council closed door session was
scheduled, and later, that the Federation intended to call for a special meeting in the
Council Chambers on this subject. He said he had not been advised that they were at an
impasse or deadlocked on this or any other issue. The collective bargaining process is
ongoing between the Federation and the City. The authority to make shift changes was
decided previously, Finney stated. The proposed changes are a prerogative of police
management and between the City and the Police Federation, as stated in the collective
bargaining agreement. The Chief stated that since he has followed every provision of the
collective bargaining agreement, he is in a dilemma as to why this issue was being discussed
at this time.
Chief Finney explained his rationale for adjusting shift assignments stating that prior to
becoming Police Chief, he promised the Council and the citizens of St. Paul
"that the department would become more responsive to and more reflective of the
community it serves". He detailed the changes that have taken place within the organization
and said they were done to provide additional o�cer resources to citizen service and officer
safety. It is necessary that resources be managed "ef�ciently, creatively, and boldly" in order
that service to citizens is not impaired. Chief Finney said it was for this reason that he
objects to a ten-hour shift as it is inefficient and wasteful. Further, by being wasteful, it
reduces the number of officers available to assist other officers in danger. He pointed out
that the ten-hour shift was initiated in 1972 when there were more officers and fewer calls
for service.
Chief Finney distributed shift schedules comparing the 120 of�cers who are currently
assigned to the ten-hour afternoon shift against the eight-hour schedules. He pointed out
that the eight-hour shift significantly increases the number of o�cers on the streets daily
and throughout the week over the ten-hour schedule. Making this change for 1995 is the
right thing for the department, the City, and the citizens, Finney said. It is his expectation
that the additional officers made available under eight hour shifts will a11ow for more two-
o�cer assignments.
September 21, 1994 City Council Summary Minutes Page 6
Chief Finney asked that the Council a11ow the Police Administration to do what is necessary
to conduct normal daily operations, and that the Council take no action affecting work
shifts.
Councilmember Guerin played a videotape from the May 3, 1993, Intergovernmental
Relations Committee where the issue of police schedules was discussed.
A brief discussion ensued. Councilmember Guerin said he felt this was an important issue
and it shows the Council is concemed and cares about the police o�cers.
Councilmember Guerin moved approval.
Councilmember Blakey questioned the bargaining aspect and also if there are other
departments that might have similar concerns whether they would be taken up by the
Council in this manner.
Pam Wheelock, Chief of Staff to Mayor Coleman, responded that it is not unusual for the
Council to bring concems forward, but there may be a question whether there is agreement
as to the most productive or effective way it is handled. Ms. Wheelock said the Mayor's
Office does not object to the resolution and the Councff's request for additional information.
The Mayor is concerned about the officers' safety and he is interested in doing whatever can
be done to put the maximum number of officers on the street. Further, the Mayor agrees
with the Police Chief that the Chief should manage the department and has asked that the
Police Federation and the Police Chief continue to discuss the issue. The Mayor intends to
implement administrative actions to accomplish the goals in the most reasonable manner
possible in conjunction with the Police Federation through the recommendation of the
Police Chie£
Councilmember Megard expressed concern that the Council is engaged in a collective
bargaining issue. She asked that they continue to allow a manager to manage and that the
collective bargaining process go forward in the same way as in the past; collective bargaining
is done by the Administration and approved by the City Council, she sa.id.
Councilmember Harris said he sees no harm in discussing the issue further and said he
would like to have more information.
Councilmember Rettman said she supports the resolution and further stated that the
opportunity to sometimes meet in closed session and discuss what is part of a collective
bargaining agreement is part of the job for Councilmembers.
Council President Thune concurred with Councilmember Rettman and said he did not see a
problem with holding the closed door session.
Adopted Yeas - 6 Nays - 0
The meeting was recessed at 4:55 p.m. and reconvened at 5:10 p.m.
FOR DISCUSSION
20. Resolution - 94-1363 - Authorizing the Department of Finance and Management Services to
initiate a11 necessary action leading to the issuance of Water Revenue Bonds.
Councilmember Guerin stated that this resolution was reviewed by the Administration and
the Board of Water Commissioners.
Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 0
September 21, 1994 City Council Summary Minutes Page 7
Items 21 and 22 were discussed together.
21. Resolution - 94-152 - Approving the 1994-1995 Agreement between the City of St. Paul and
AFSCME, District Council 14, Loca12508. (Adopted March 9; Reconsidered and laid over
from April 6) (Recalled and laid over from September 14)
Failed Yeas -2 Nays - 4(Blakey, Guerin, Harris, Rettman)
22. Resolution - 94-153 - Approving the 1994-1995 Agreement between the City of St. Paul and
AFSCME, District Council 14, Local 1842. (Adopted March 9; Reconsidered and laid over
from April 6) (Recalled and laid over from September 14)
Items 21 and 22 were discussed together.
Councilmember Megard moved approval of both contracts.
Councilmember Harris asked that the Administration look at issues equally across all
bargaining units.
Councilmember Guerin indicated that the main reason the contracts will be voted down is
the health benefits. The City of St. Paul does not have the resources to continue to pay
retirement bene�ts as in the past.
Bernard Brommer, President of the Minnesota AFLCIO, appeared in support of the
resolutions. He stated there is a concern within the Minnesota Federation of Labor about
the process of collective bargaining and about the elements of good faith intended with that
process. The contracts were ratified in good faith, he stated.
Louie Greengard, Trades and Labor Assembly, stated that Trades and Iabor is backing
AFSCME and the resolutions 100%.
J� Serfling, AFSCME Council 14, Robin Madsen. President of Technical Employees
Union, Local 1842, and Corev Glassing, Vice President of Clerical Employees Loca12508 all
appeared in favor of the resolutions. Mr. Serfling stated that other public employees have
benefits that City of St. Paul employees do not have such as dental insurance. He reminded
the Council that there was a majority vote when these contracts were approved on March 9,
1994. The contracts have not changed. There are two basic issues involved in the approval
of AFSCME negotiated contracts; one is a question of integrity, and the other is an
economic question. He questioned if the City Council will support a settlement reached in
good fa.ith between union and City representatives. Members who have retired this year still
do not know whether benefits will be taken away from them or not. Employees who have
worked and contributed for many years to the City are Ieft hanging not knowing if they will
receive the benefits that they had always expected. Union employees forfeited possible
wage increases to protect benefits for retiree members. Mr. Serfling stated that once both
parties reach agreement, it must be supported. Neither party should attempt to extract
individual issues after the agreement is reached.
Tom Jordan. Ramsey County Representative of the Minnesota Senior Federation, read a
statement in which the Ramsey County Chapter asked that the Council re-ratify the
AFSCME agreements and if changes need to be made that it be done for the next contracts.
They questioned whether rejecting these contracts will actually save money. More careful
negotiations are needed before signi�cant changes in future contracts are made, he said.
The Senior Federation has been working with the National Health Care Reform and
Universal Coverage for the past 20 years and has been closely monitoring the debates at the
national and state level. With the uncertainty of national reform, this is not the time to
drop retiree coverage. Rather, the City can send a clear message to state and federal
government that the government has a responsibility to see that it's active employees and
September 21, 1994 City Council Summary Minutes Page 8
retirees have health care security. Mr. Jordan called upon the Council to honor the
contracts and work together in the future to negotiate health benefits and contracts that are
good for both the City and iYs employees.
Don Chenev. representing the Professional Employees Association (PEA), stated that the
PEA union has a concern with the collective bargaining process; there is a trust conveyed
between the City and the union to reach an agreement that will satisfy both parties. By not
re-ratifying the agreements, he said it is their belief that the trust will be depleted.
�am Wheelock. Mayor's Chief of Staff, responded to some of the issues raised saying that
good faith bazgaining is an issue. When going to court, they were told by the judge that the
City did not breach good faith bargaining or MS179 and the City has every right to reject
the contracts and allow the City to renegotiate. The issue that prompted the Mayor to
request this action of the Council was a portion of the budget and benefits package which is
doubling and tripling in cost and is going to jeopardize the City's ability to adequately
compensate current employees, to provide bene�its, to have reasonable property ta�ces, and
to continue to provide essential City services. Ms. Wheelock noted that the City does not
have unlimited resources and the Mayor is very concerned with the escalating cost of health
benefits. 1'he health benefit provided to retirees is excessive when compared to other public
jurisdictions, she indicated.
Council President Thune stated that there is an issue of honor and fair negotiation.
Direction had previously been given to the Administration as to how contracts should be
settled. He questioned whether or not the Council is good for its word. What had been
referred to as new findings were actually findings that had been around for some time and
had been discussed in bargaining sessions, Thune said. Bargaining is done collectively and
labor negotiators are designated to bargain on behalf of the City. To start bargaining by
committee sets a precedent and the unions coming to the table do not know if they can trust
the people with whom they are negotiating. AFSCME has always cooperated during budget
deliberations and has come forward with ideas on saving the City money. Thune further
questioned whether money will actually be saved.
Councilmember Blakey said he feels that the retiree costs aze out of line and, looking at the
projections, he does not see how the City can continue with this. Blakey asked the Mayor
and the Administration that, if these contracts are not approved, the policy be across the
board.
In September, 1992, Councilmember Rettman stated that the City Council requested that
the Administration look at the $150 million of unfunded liability and that a report be
submitted by June, 1993; the report was not submitted at that time. She said she had to
consider what effect the $150 million, or more, is going to have on the liveability of the City.
She stated that she caxes about the employees and she cares about the City but that she has
to show good faith, integrity and honesty to both, and she can not support the contract.
Councilmember Megard said that she believes the City Council is breaking faith with the
contract. There are long-time employees who have counted on their money. Seventeen
employees will retire during this two-year period; they have worked for many years for the
anticipated benefits and now the City is saying that not all the bene�ts be there. This
contract will not break the City, Megard continued. AFSCME has made concessions. She
said she would like to see the Administration come in after the contract is ratified with a
plan or policy to address all of the bargaining units and their benefits. Also that it be
phased in year-by-year so that people who are retiring know what they will have. These
September 21, 1994 City Council Summary Minutes Page 9
seventeen people have not had that opportunity, Megaxd said. They have trusted the City to
be there and have depended on these benefits.
Motion Failed Yeas - 2 Nays - 4(Blakey, Guerin, Harris, Rettman)
(Councilmember Rettman left the meeting at this time)
23. 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; referred to Council without recommendation) (Laid over from
September 14)
Councilmember Guerin moved to lay over to September 28.
Roll Call Yeas - 5 Nays - 0(Rettman not present for vote)
24. Resolution - 94-1127 - Establishing the Neighborhood Sales Tax Revitalization Program.
(side-by side resolution to C.F. 94-1032) (Substitute introduced and laid over from
September 14)
Councilmember Guerin moved to lay over to September 28.
Roll Call Yeas - 5 Nays - 0(Rettman not present for vote)
ORDINANCES
(Councilmember Rettman returned during this discussion)
26. 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
firearms in on-sale liquor premises, to require alcohol awareness training, and to require
training of bartenders on firearms 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)
Councilmember Blakey moved for suspension of the rules to introduce a substitute
resolution.
Roll Call Yeas - 6 Nays - 0
Laid over to September 28 for final adoption
25. Fina1 Adoption - 94-1065 - An ordinance establishing City residency as a condition of
employment for all 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)
Tim Manc, City Attorney, explained the procedure to follow in voting on this ordinance.
Councilmember Rettman stated that she was in support of the compromise resolution that
was submitted.
Councilmember Guerin said he would support the original resolution.
Councilmember Megard stated that she is opposed to residency requirements, however, she
feels the substitute ordinance provides for a better anangement allowing employees to chose
for themselves how they will be treated by their City.
Councilmember Blakey indicated that he does not support the 10-point proposal and said
either a person is for or against residency. Residency across-the-board is straight forward
September 21, 1994 City Council Summary Minutes Page 10
letting people know where the City stands and is a condition of employment.
Councilmember Harris concurred with Councilmember Blakey and stated that he felt the 10-
point system is extremely 'wvatered down" and that it is not what the intent of residency is.
Councilmember Guerin said people are well versed on the residency issue and he supports
the original.
Council President Thune said that he felt the 10-point system which he proposed will
achieve residency for 90-95% of future City workers. It still allows use of the affirmative
action program, and it provides an incentive for a person to move into the City.
Councilmember Guerin moved approval.
Motion Failed Yeas - 3 Nays - 3(Megard, Rettman, 'Ifiune)
Councilmember Megard moved to introduce the substitute ordinance
Yeas - 5 Nays - 1(Harris) Laid over to September 28
(The meeting was recessed at 6:25 p.m. and reconvened at 6:30)
27. Final Adoption - 94-1238 - An ordinance amending Council File 93-471 an interim firearms
license moratorium ordinance to conform to the Council's previously expressed intent. (Laid
over from September 14)
Councilmember Megard moved for a layover while the court process goes forward on this
issue.
Laid over indefinitely Yeas - 4 Nays - 2(Guerin, Rettman)
28. Second Reading - 94-1310 - An ordinance amending the Legislative Code by adding a
provision which would declare gr�ti a blighting influence on the community and that the
presence of graf�ti constitutes a public nuisance subject to the summary abatement
procedures contained in Chapter 45. (Recalled from City Operations Committee September
14) (Public hearing will be held October 12)
Laid over to October 12 for third reading/public hearing
29. Second 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.
Laid over to September 28 for third reading/public hearing
30. Second Reading - 94-1340 - An ordinance to prohibit corrupt influence, prohibit ex parte
contacts to Council Members, and permit adverse license actions for violations.
Laid over to September 28 for third reading/public hearing
31. First Reading - 94-1364 - An ordinance amending Chapter 161.03 of the Saint Paul
Legislative Code pertaining to Snow Emergency Routes and Parking Restrictions. (For
referral to City Operations Committee)
Refened to City Operations Committee
September 21, 1994 City Council Summary Minutes Page 11
PUBLIC HEARINGS
32. Resolution - 94-1365 - Approving application for a General Repair Garage License by
Barney's Midway Garage (Daniel J. House, Owner), 770 North Prior Avenue. (ID #38827)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
33. Resolution - 94-1366 - Approving application for a Parking Lot/Ramp License by Equitable
Life Assurance Society of US, dba American National Bank Building Ramp, 101 East Sth
Street. (ID # 11392)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
34. Resolution - 94-1367 - Approving application for a Parking Lot License by A.G.C. Inc., dba
N.A. Parking (Nancy L. Adamek, President), 93 East 9th Street. (ID #20314)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
35. Resolution Ratifying Assessment - 94-1368 - In the matter of construction for the
University/Mississippi Area Storm Sewer Separation Project bounded by Pennsylvania
Avenue on the north, Iafayette Road on the east, Wales Street on the west, and Mount Airy
and 13th Street on the south. (File # 18727)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
36. Resolution Ratifying Assessment - 94-1369 - In the matter of construction for the
University/Mississippi Area Street Paving and Lighting Project. (File #18728)
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
37. Resolution Ratifying Assessment - 94-1370 - In the matter of sidewalk reconstruction at 2062
Marshall Avenue on the south side of Marshall Avenue from North Cleveland Avenue to
North Cretin Avenue. (File #59353)
No one appeared in opposition; Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
38. Resolution Ratifying Assessment - 94-1371 - In the matter of sidewalk reconstruction with
integral curb and filling in of areaway on the south side of Dayton Avenue from
approximately 95 feet east of North Western Avenue to approximately 127 feet east of
North Westem Avenue. (File #S9361)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
39. Resolution Ratifying Assessment - 94-1372 - In the matter of sidewalk reconstruction on
both sides of Carroll Avenue from North Avon Street to Fisk Street. (File #S9362)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
September 21, 1994 City Council Summary Minutes Page 12
40. Resolution Ratifying Assessment - 94-1373 - In the matter of sidewalk reconstruction on
both sides of Bush Avenue from Germain Street to Kennard Street. (File #S9363)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
41. Resolution Ratifying Assessment - 94-1374 - In the matter of sidewalk reconstruction at 705
Aurora Avenue on the north side of Aurora Avenue from North St. Albans Street to North
Grotto Street. (File #S9364)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
42. Resolution Ratifying Assessment - 94-1375 - In the matter of sidewalk reconstruction on
both sides of Wilson Avenue from Kennard Street to Flandrau Street. (File #59366)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
43. Resolution Ratifying Assessment - 94-1376 - In the matter of sidewalk reconstruction on the
east side of Clarence Street from E. Ivy to E. Arlington Avenue and the west side of
Clarence Street from Topic Lane to E. Arlington Avenue. (File #S9367)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
44. Resolution Ratifying Assessment - 94-1377 - In the matter of sidewalk reconstruction on
both sides of East Orange Avenue from Pedersen Street to E. Ivy Avenue. (File #S9368)
No one appeared in opposition; Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 0
45. Resolution Ratifying Assessment - 94-1378 - In the matter of sidewalk reconstruction on
both the South Dale Street and Fairmount Avenue sides of 633 Fairmount Avenue and the
south side of Goodrich Avenue from S. Dale Street to Crocus Place. (File #S9369)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
46. Resolution Ratifying Assessment - 94-1379 - In the matter of sidewalk reconstruction on the
south side of Summit Avenue from S. Oxford Street to S. Leacington Parkway. (File #59370)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
47. Resolution Ratifying Assessment - 94-1380 - In the matter of sidewalk reconstruction on the
west side of Main Street from W. Sixth Street to W. Tenth Street. (File #S9382)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
September 21, 1994 City Council Summary Minutes Page 13
48. Public hearing to consider the request of Carol Keuttner, et. a1. to rezone property at 1075/
1077 Ashland Avenue from RT-1 (two family residential) to RT-2 (townhouse residential) to
allow an existing triplex to remain.
Kady Dadlez, PED, explained that the applicant purchased the property approximately one
year ago as a duplex. Work was partially completed for a third unit. The property owners
were told by a realtor that as long as the owners of the property resided in the third unit, it
would be acceptable. An agreement was entered into and they found themselves with an
illegal use. They are attempting to rezone the property to make the triplex legal. Staff
found that the application for rezoning was not in conformance with the comprehensive
plan, did not conform with the way the area had developed, and that there are a number of
conversion guidelines which were approved by the Planning Commission, only some of which
were met. If the rezoning were approved, a variance for lot area and density would be
required. Staff recommended denial of the rezoning; however, the Zoning Committee and
the Planning Commission recommended approval.
Appearing in opposition to the zoning request was Kevin Howley, 572 Dayton Avenue,
representing the Summit-University Planning Council. He said that the Summit-U Planning
Council tried to take a city perspective. It was felt that this unit was not an addition that
the neighborhood needed. Further, the District 8 Land Use Planning Committee cleazly
states that they are trying to minimize density and concentrate on single family homes and
duplexes. They found the zoning to be inconsistent, the main reason being that it is spot
zoning.
Ms. Dadlez outlined the reasons for denial.
Carol Kuettner, property owner, provided further background from the property owners'
perspective, and she requested Council approval to rezone the property.
Councilmember Blakey moved to close the public hearing.
Roll Call Yeas - 6 Nays - 0
Councilmember Blakey moved to deny the request.
Motion of Intent Denied Yeas - 6 Nays - 0
49. Public hearing regarding the Administrative Law Judge's Findings of Fact, Conclusions, and
Recommendations pertaining to the license application of Louis Bacigalupo, The Car
Connection, for the premises located at 817 Vandalia Street.
Phil Byrne, Assistant City Attorney r�presenting the License Division, recommended that the
Council adopt the AL.T report.
Councilmember Megard moved to adopt the Findings of Fact, Conclusions, and
Recommendations of the Administrative La.w Judge.
Roll Call Yeas - 6 Nays - 0
50. Public hearing regarding the Report of the Administrative Law Judge's Findings of Fact,
Conclusions and Recommendations pertaining to adverse action against licenses held by
Anoura Khamassi, dba Your Food Market, 169 North Victoria Street.
Fhil Byrne, Assistant City Attorney representing the License Division, recommended that the
Council adopt the ALJ report with the exception of imposing a two day suspension
(recommended by the License O�ce) rather than one day which was recommended by the
AIJ. Mr. Byrne stated that the reason for this recommendation was that the license holder
did not cooperate with the police officer who attempted to resolve the situation.
Anoura Khamassi, 169 North Victoria, license holder, appeared and indicated that he did
September 21, 1994 City Council Summary Minutes Page 14
not know the law with regard to the "snaps" he was selling.
Councilmember Blakey moved to accept the Findings of Fact of the Administrative I,aw
Judge and that two (2) days suspension be imposed rather than the one (1) day suspension
recommended by the AIJ.
Roll Call Yeas - 6 Nays - 0
Councilmember Blakey moved to reconsider the following ordinance which was adopted on
September 14, 1994. Roll Call Yeas - 6 Nays - 0
Ordinance - 94-1237 - Amending Chapter 60 of the Saint Paul Legislative Code pertaining
to zoning for the City of Saint Paul and the zoning mags thereof; amending Ordinance C.F.
94-931, adopted July 20, 1994.
Councilmember Blakey moved to introduce a substitute ordinance.
Roll Call Yeas - 6 Nays - 0
Laid over to September 28 for final adoption
Councilmember Guerin moved for suspension of the rules to introduce the following
resolution.
Roll Call Yeas - 6 Nays - 0
Resolution - 94-1382 - Amending Council File 93-857 ordering the rehabilitation or
demolition of property at 449 East Seventh Street by changing the completion date from
thirty (30) days after publication of the resolution to April 1 1995.
Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 0
Councilmember Rettman moved for suspension of the rules to introduce the following
resolution.
Roll Call Yeas - 6 Nays - 0
Resolution - 94-1381 - Authorizing the Police Depaxtment to accept donations in honor of
slain Officers Jones and Ryan and Canine Laser; donations designated for improvements to
the canine facility will be allocated through the City's Unified Capital Improvement
Program.
Councilmember Rettman moved approval.
Adopted Yeas - 6 Nays - 0
There was no further business; Councilmember Megard moved to adjourn the meeting.
September 21, 1994 City Council Summary Minutes Page 15
A rned at 7:2 .m.
Davi Thu e
City Co il President
ATTEST: Minutes approved by Council
� �„ ,��. � � . � . �� � y
Nancy And n
Assistant City ouncil Secretary
CITY COIINCIL MEETING
WEDNESDAY, SEPTEMBER 21, 1994
3:30 P.M.
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