Minutes 07-20-1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, July 20, 1994 - 3:30 p.m.
CITY COUNCIL CHAMBERS, 3RD FLOOR
CITY HALL AND COURT HOUSE
15 West Kellogg Boulevard
The meeting was called to order at 3:40 p.m. by Council President Thune.
Present - 6- Councilmembers Blakey, Guerin, Harris, Megard, Rettman, Thune
Absent - 1- Councilmember Grimm (excused for part of the meeting)
CONSENT AGENDA
Councilmember Rettman requested that a correction be made to a spelling error in the
May 18th minutes, Page 9, the word "said". She also noted that a correction was
necessary to Item #29, page 1, line 41, to change the name Kelly to Kveene, and Item
#33, page 1, line 25 to correct a spelling error from ding to dining.
Councilmember Blakey requested that Item #22 be removed for discussion.
Councilmember Megard requested that Item #29 be removed for discussion.
Councilmember Rettman requested that Item #36 be removed for discussion.
Councilmember Rettman moved approval of the Consent Agenda as amended.
Roll Call Yeas - 6 Nays - 1
FOR ACTION
1. Approval of minutes of May 18 and May 25, 1994, City Council meetings.
Adopted with correction to May 18 minutes as noted above. Yeas - 6 Nays - 0
2. Claims of Elizabeth A. Gott, Fernando S. Hernandez, Kent Kuszajewski, Cynthia
Schanno, Brian K. Stanford, Aaron E. Tagwerker, Robert VanZee, and Murray Weiss.
Referred to the City Attorney's Office
3. Summons and Complaint in the matter of Harm Modder and Deborah Modder vs. the
City of St. Paul, et. al.
Referred to the City Attorney's Office
4. Summons in a Civil Action in the matter of Elsie Mayard vs. the St. Paul Police
Department, et al.
Referred to the City Attorney's Office
5. Summons in a Civil Action in the matter of Elsie Mayard vs. the City of St. Paul,
et al.
Referred to the City Attorney's Office
6. Appeal of Special Assessment in the matter of Donald G. Oren vs. the City of St.
Paul.
7. Mechanic's Lien Statement of Franklin Drywall, Inc. involving drywall
installation services rendered in the improvement of Regent Aviation's new
hanger.
Referred to the City Attorney's Office
8. Order Confirming Sheriff's Sale Under Judgment and Decree; Notice of Motion and
Motion for Confirmation of Sheriff's Sale Under Judgment and Decree; Notice of
Motion and Motion for Confirmation of Sheriff's Sale Under Judgment and Decree
and to Enter Deficiency Judgments; Orders Confirming Sheriff's Sale Under
Judgment and Decree and Entering Deficiency Judgments; Memorandums of Port
Authority of the City of Saint Paul in Support of Motions to Confirm Sheriff's
July 20, 1994 City Council Summary Minutes Page 2
Sales Under Judgment and Decree and to Enter Deficiency Judgments; and,
Affidavits of Marc J. Manderscheid in the matter of the Port Authority of the
City of Saint Paul vs. River Properties of St. Paul,et al.
Referred to the City Attorney's Office
9. Petition of the City of St. Paul for the vacation of part of Lot 14, Partition
Plat that lies east of Western Avenue, southerly of St. Clair Avenue and north of
the easterly extension of Jefferson Avenue, and setting date of public hearing
for July 27, 1994. (File #9-1994)
10. Petition of North Atlantic Technologies for the vacation of part of Mackubin
Street and Atwater Street lying westerly of Como Avenue, and setting date of
public hearing for August 10, 1994. (File #4-1994)
11. Petition of Kowalski's Market for the vacation of part of the alley in Block 1,
Stinson's Boulevard Addition, bounded by Grand Avenue, Syndicate Street, Summit
Avenue and Ayd Mill Road, and setting date of public hearing for August 10, 1994.
(File #13-1994)
12. Petition of 2305 Riverford Partnership for the vacation of Lots 6 through 12 in
Edgecliffe Addition. (For referral to the Finance Department as to form and
sufficiency)
Referred to the Finance Department for check as to form and sufficiency.
13. Letter from the Department of Planning and Economic Development setting date of
public hearing for August 3, 1994, to consider the appeal of Julie Magler to a
decision of the Board of Zoning Appeals denying a request to waive the
requirements of a home occupation and allow a home occupation to be conducted in
a detached garage, due to a physical condition, at 1317 East 4th Street.
14. Letters from the Division of Public Health declaring 703 Wells Street, 804
Jessamine Avenue East, 1101 Ross Avenue, and 401 Van Buren Avenue as nuisance
properties and setting dates of Legislative Hearing for August 2, 1994, and City
Council Hearing for August 10, 1994.
15. Letters from the Division of Public Health declaring 560 Burgess Street and 396
Edmund Avenue as "nuisance properties". (For notification purposes only; public
hearing will be scheduled at a later date if necessary.)
16. Administrative Orders:
D00173 Authorizing payment of $2,500 to Cheryl Robertson for evaluation of
Public Health mini-grants.
D00174 1994 budget amendment in the Department of Public Works/Sewer Service
Fund.
D00175 Addition of $650.00 to the contract for Sylvan Recreation Center Play
Area.
Noted as on file in the City Clerk's Office
17. Resolution - 94-986 - Approving renewal of Off Sale Liquor and Original Container
License by General Lee's Inc., dba Stransky's Liquor Store, 1545 West 7th Street
(ID #14046). (Laid over from July 13 for adoption)
Adopted Yeas - 6 Nays - 0
18. Resolution - 94-987 - Approving renewal of various Class III and Supporting
Licenses by: Tonkin Inc., Tonkin Vietnamese Cuisine, 345 N. Wabasha Street;
Kenneth A. Look, Swede Hollow Import Service, 830 S. Robert Street; Marlyn
Damman, American Business Women's Assn. (Jeraldine's), 605 Front Avenue; E.M.
Staber Inc., Meineke Discount Mufflers, 968 W. University Avenue; Pizza Huts of
July 20, 1994 City Council Summary Minutes Page 3
the Northwest, Inc. #42, Pizza Hut #426023, 1941 Ford Parkway; Bradshaw Trucking,
530 Stinson Street; David Mceachern, Dave's Auto Repair, 1170 Selby Avenue; Alex
J. Lake, Alex J. Lake, Guns, 1370 Osceola; Manuel J. Ordonez, E1 Amanecer, 194
Concord Street; Parking Services Inc., 333 Sibley Street; Arthur Heutmaker,
Arcade 66 Service, 1208 Arcade Street; APCOA Inc., 7th Street Municipal Garage,
475 Cedar Street; Parking Services Inc., 54 East 4th Street; Harikrishna Inc.,
Travel Inn, 149 East University Avenue; YMCA of Greater St. Paul, 194 East 6th
Street; Parking Services Inc., Metropolitan State University, 700 East 7th
Street; Lakeside Auto Sales, 336 W. Larpenteur Avenue; YMCA of Greater St. Paul,
1761 W. University Avenue; Parking Services Inc., 489-97 St. Peter Street. (ID
#11855-92632) (Laid over from July 13 for adoption)
Adopted Yeas - 6 Nays - 0
19. Resolution Approving Assessment - 94-1014 - In the matter of construction for the
Hazelwood/McLean Area storm sewer project, and setting date of public hearing for
September 7, 1994. (File #18717A)
Adopted Yeas - 6 Nays - 0
20. Resolution Approving Assessment - 94-1015 - In the matter of construction for the
Hazelwood/McLean Area street paving and lighting project, and setting date of
public hearing for September 7, 1994. (File #18718)
Adopted Yeas - 6 Nays - 0
21. Resolution Approving Assessment - 94-1016 - In the matter of Summary Abatements
(property clean-up) for April through June 1994, J9409A (9608); Demolition of
Vacant Buildings for June and July 1994, J9409C (9610); and Summary Abatements
(property clean-up) in the Thomas/Dale area for March to June 1994, J9409TDBC
(9609), and setting date of Legislative Hearing for September 6, 1994, and City
Council hearing for September 14, 1994.
Adopted Yeas - 6 Nays - 0
22. (Discussed later in the meeting)
23. Resolution - 94-1018 - Authorizing the Division of Parks and Recreation to apply
for a Land and Water Conservation Fund Grant for the purpose of constructing a
children's play area at Jimmy Lee Recreation Center.
Adopted Yeas - 6 Nays - 0
24. Resolution - 94-1019 - Approving the execution of a grant agreement with the
State of Minnesota for $672,000 to pay Debt Service on 1989 G.O. Como
Conservatory Bonds.
Adopted Yeas - 6 Nays - 0
25. Resolution - 94-1020 - Authorizing the Department of Public Works to apply for
$2,000,000 in pollution abatement grant funds to partially finance Saint Paul's
1995 Davern Phase II project, and authorizing the Manager or Assistant Manager of
the Public Works Sewer Engineering Division to sign all documents associated with
the state grant.
Adopted Yeas - 6 Nays - 0
26. Resolution - 94-1021 - Approving the transfer of $100,000 from General Fund money
for the 1994 Crime Prevention Grant Program.
Adopted Yeas - 6 Nays - 0
27. Resolution - 94-1022 - Authorizing the release of �25,000 from PED Contingency in
order for the City to participate in the downtown marketing and business
recruitment program.
Adopted Yeas - 6 Nays - 0
July 20, 1994 City Council Summary Minutes Page 4
28. Resolution - 94-1023 - Authorizing proper City officials to execute the ninth
amendment to the Joint Powers Agreement between the City and Ramsey County for
the purpose of providing rehabilitation services to Ramsey County residents.
Adopted Yeas - 6 Nays - 0
29. (Discussed later in the meeting)
30. Resolution - 94-1025 - Approving appointment of outside counsel to represent the
City of St. Paul as part of a group of municipalities to seek Supreme Court
review of a Court of Appeals decision which could affect City bond transactions.
Adopted Yeas - 6 Nays - 0
31. Resolution - 94-1026 - Authorizing City signatures on an Intergovernmental
Employee Exchange Agreement between Saint Paul Public Health and Saint Paul
Public Schools.
Adopted Yeas - 6 Nays - 0
32. Resolution - 94-1027 - Affirming the decision of the Planning Commission to grant
a special condition use permit for a beauty parlor at 1457 Grand Avenue, and
confirming the decision of the City Council to deny the appeal of Michael and
Harriet Arend.
Adopted Yeas - 6 Nays - 0
33. Resolution - 94-1028 - Affirming the decision of the Board of Zoning Appeals to
grant variances requested for 692 Woodlawn and confirming the decision of the
City Council to deny the appeal of Dorothy and George Heuer.
Adopted with correction Yeas - 6 Nays - 0
34. Resolution - 94-1029 - Approving action of the Property Code Enforcement Board of
Appeals on June 9, 1994, pertaining to extensions of time for four (4)
properties.
Adopted Yeas - 6 Nays - 0
35. Resolution - 94-1030 - Approving action of the Property Code Enforcement Board of
Appeals on June 9, 1994, pertaining to variances for twenty (20) properties.
Adopted Yeas - 6 Nays - 0
22. Resolution - 94-1011 - Approving the sale of 3.2 beer by the Division of Parks
and Recreation to participants at Volunteer Fest '94 on August 17, 1994, at Como
Park.
Councilmember Blakey questioned whether the City will be indemnified with the
sale of 3.2 beer.
Councilmember Rettman responded that the Parks & Recreation Division has
authority to serve 3.2 beer in various parks. Further, this particular event is
a city function.
Timothy Marx, City Attorney, added that there would not be a need to take out a
specific insurance policy but that it would be covered under the city's self-
insured status.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
29. Resolution - 94-1024 - Approving appointment of outside counsel for Officer
Michael A. Kveene.
Councilmember Megard noted that the City Attorney's Office requested that a
correction be made to page 1, line 41, to change the name from Officer Kelly to
Officer Kveene. (This error was also noted by Councilmember Rettman earlier in
the meeting.)
Councilmember Megard moved approval.
July 20, 1994 City Council Summary Minutes Page 5
Adopted with correction Yeas - 6 Nays - 0
36. Resolution pertaining to renewal of licenses, with stipulations, for Born's Dutch
Bar, 899 Rice Street, which was requested by the City Council on June 22 and laid
over to July 20, has not been received.
Councilmember Rettman moved for suspension of the rules to introduce the
following resolution:
Resolution - 94-1048 - Approving renewal of On Sale Liquor-C, Sunday On Sale
Liquor and Restaurant-C License by 6 H& M Inc., dba Born's Dutch Bar, 899 Rice
Street.
Roll Call Yeas - 6 Nays - 0
Gerry Strathman, City Council Secretary, read the following stipulations for the
license for Born's Dutch Bar which were requested by the District 6 Planning
Council: 1) Al1 doors to the bar shall remain closed after 9:00 p.m.; 2) Hired
security staff is to be on duty Friday and Saturday nights, 8:00 p.m. to closing;
3) The street and sidewalk areas in front of the bar should be monitored for
security reasons each day of the week at closing time; 4) The entrance to the bar
should be monitored hourly during hours of operation for any undesirable
activities occurring by patrons of the bar; 5) Appropriate exterior lighting will
be added to provide additional illumination at the front of the bar.
Councilmember Rettman stated that the District 6 Planning Council representative
and representatives of SPEAC have expressed a willingness to work with Born's Bar
to insure that problems do not continue. The neighborhood is looking to Born's
to exercise even more control than the stipulations require, and for the owner to
work cooperatively with the neighborhood.
Councilmember Rettman moved approval
Adopted with stipulations Yeas - 6 Nays - 0(Grimm not present for vote)
FOR DISCUSSION
37. Resolution - 94-1031 - Authorizing the Department of Fire and Safety Services to enter into
a fire protection contract with Minnesota Mining and Manufacturing Company and the City
of Maplewood.
Gary Trudeau, Fire and Safety Services, stated that initially a representative from 3M was
going to attend the meeting, however, no one appeared.
Councilmember Hanis moved approval.
Adopted Yeas - 6 Nays - 0
38. Resolution - 94-1032 - Approving the process for allocation of the half-cent sales tax
proceeds for the Neighborhood Sales Tax Revitalization Program.
Council President Thune distributed and explained a schedule of a proposed timeline which
was prepared for discussion of the sales tax at City Council meetings.
In response to a request of Councilmember Megard regarding the process for appointing a
board, Amy Filice, PED, stated that she had conversations with staff from the Mayor's
Of�ce and advertising could begin as soon as a list of board members is presented to the
Mayor's Office. Filice felt that the first meeting of the board could possibly be held the
beginning of October.
Councilmember Harris noted that the Council has identified some major discussion points
such as the governance board, allocation of the t� dollars, and involvement of City staff.
There have already been several committee hearings as well as hearings in Council, Harris
said. He suggested they move forward and questioned the need for an additional two
July 20, 1994 City Council Summary Minutes Page 6
months of discussion indicating that it will be 1995 before any of the entities will be
accessing the funds.
Ms. Filice explained that even if the time-line were shortened, the board would have to
convene and the process could not be shortened. However, direction could be given to staff
to work out the application guidelines and the RFP that must be put together to go out to
applicants.
Councilmember Blakey stated that he has heard from people who would like to have more
input and he would like to give them that opportunity. IYs an important issue and there
should be plenty of public input, Blakey said, whether it be district councils, block clubs,
businesses, etc.
(Councilmember Grimm anived at this time)
Councilmember Rettman said there are about sitc items that require further discussion.
She noted, however, that there have been numerous opportunities for people to be involved
and there comes a time when the Council has to make decisions. The City owes it to the
taxpayers to start divesting the money back into economic development.
Councilmember Megard stated that in preparing a guideline, her thought is to allow
adequate time for a full discussion of each area. She does not feel that the timeline will
hold up distribution of the dollars. Once the board is in place, Megard said she did not
think proposals to be funded would still be ready before January lst. Allowing for two
weeks in between will give staff time for writing and development.
Pam Wheelock, Mayor's Office, noted that the one-half cent sales tax has been an item of
discussion for nearly two years. There has been extensive community involvement,
community discussion, and staff involvement. It was her understanding that it was the City
Council that asked for the recommendations about the Mayor's allocation structure and
eligibility by June lst. Ms. Wheelock said it was important to recognize that under a
previous Council, a legislative group was established to make the recommendations that
were the foundation of the Mayor's finalized recommendations to the Council. There have
been many opportunities for discussion and public input. The Mayor does not object to
ongoing public discussion, however, Ms. Wheelock questioned at what point it would move
forward and what kind of input is being sought. She said the Mayor's Office would like to
move forward as fast a possible, get the board in place, and let staff do their work. She
indicated that she was somewhat concerned about the proposed timeline and how it will be
impacted by the proposed budget as the maximum tax levy needs to be set by September 15.
Councilmember Megard moved for suspension of the rules to introduce a resolution
Creating a Neighborhood Sales Ta�c Board. She explained that the resolution pertains to the
makeup of the board, which was lifted from Council File 94•1032, and would allow the
board to be put in place with passage of the resolution.
Discussion ensued whether technically this is a substitute or an amendment.
Councilmember Rettman explained that when the sales tax resolution came out of
committee, it was requested that it appear on the July 20, 1994 Council agenda and that a
separate resolution would be prepared pertaining to the board. She indicated that this is
not a substitute resolution but a resolution to deal only with the matters of the board.
John McCormick, Assistant City Attorney, clarified that it would be entered as a separate
resolution and Council File 94-1032 would remain on the agenda for continued discussions.
Roll call for suspension of the rules Yeas - 7 Nays - 0
Councilmember Megard explained her reasons for establishing the board in the manner she
chose saying she prefers a smaller board, as she feels they can function better, rather than
the larger board the Mayor proposed. She also wanted to insure that there was more
July 20, 1994 City Council Summary Minutes Page 10
48. Final Order - 94-1038 - In the matter of sidewalk reconstruction on both sides of Case
Avenue from North Ruth Street to Nokomis Avenue. (File #S9477)
No one appeared in opposition; Councilmember Guerin moved approval
Adopted Yeas - 6 Nays - 0(Grimm not present for vote)
49. Final Order - 94-1039 - In the matter of sidewalk reconstruction on the south side of East
Ivy Avenue from Van Dyke Street to North Hazel Street at 1894 East Ivy Avenue only.
(File #59478)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0(Grimm not present for vote)
50. Final Order - 94-1040 - In the matter of sidewalk reconstruction on the north side of East
Maryland Avenue from Edgewater Boulevard to North McKnight Road at 2251 East
Maryland Avenue. (File #S9479)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0(Grimm not present for vote)
51. Fina1 Order - 94-1041 - In the matter of sidewalk reconstruction on both sides of East Fifth
Street from North Hazel Street to North Ruth Street. (File #59480)
Councilmember Guerin moved to lay over to July 27. Guerin stated that Thomas Keefe,
Public Works Department, will be going out to meet with the residents to discuss their
concerns.
Laid over to July 27 Yeas - 6 Nays - 0(Grimm not present for vote)
52. Final Order - 94-1042 - In the matter of sidewalk reconstruction on both sides of East Fifth
Street from North Winthrop Street to North McKnight Road. (File #59481)
No one appeared in opposition; Councilmember Guerin moved approval
Adopted Yeas - 6 Nays - 0(Grimm not present for vote)
53. Final Order - 94-1043 - In the matter of sidewalk reconstruction on both sides of Margaret
Street from North Winthrop Street to North McKnight Road. (File #59482)
No one appeared in opposition; Councilmember Guerin moved approval.
Adopted Yeas - 7 Nays - 0
54. Fina1 Order - 94-1044 - In the matter of sidewalk reconstruction on the east side of Mounds
Boulevard from Cherry Street to McLean Avenue. (File #S9483)
No one appeared in opposition; Councilmember Guerin moved approval
Adopted Yeas - 7 Nays - 0
55. Final Order - 94-1045 - In the matter of sidewalk reconstruction on the east side of Nortonia
Avenue from Escanaba Avenue to Stillwater Avenue. (File #S9484)
No one appeared in opposition; Councilmember Guerin moved approval.
Adopted Yeas - 7 Nays - 0
56. Final Order - 94-1046 - In the matter of sidewalk reconstruction on the south side of East
Third Street from North Ruth Street to Pedersen Street. (File #59485)
Councilmember Guerin moved to lay over to July 27 in order for staff to visit the area and
address concerns of the residents.
Laid over to July 27 Yeas - 7 Nays - 0
July 20, 1994 City Council Summary Minutes Page 11
57. Final Order - 94-1047 - In the matter of condemning and taking a permanent easement for
the construction and future maintenance of storm sewer system near Hazel Street and Iowa
Avenue subject to existing structures under and across the south 10.00 feet of Lot 5 and the
north 10.00 feet of Lot 6, Sundgren Addition. (File #18742-E)
Peter White, Real Estate Division, explained that this order involves an easement to
construct a sewer in the block bounded by Darlene Street, Hazel Street, Idaho Avenue, and
Hoyt Avenue. There is a low spot in a back yard of that block. There is an e�sting sewer
that runs from the middle of the block to Darlene Street and connects into a sanitary sewer
which is no longer allowed. There is a storm sewer in Darlene Street, however, it is at a
higher elevation than the low point in the back yard and it can't be drained. The solution is
to run a sewer from the low point to Hazel Street between two houses. Yards will not have
to be dug up to do the work. However, the property owner is concerned about the effect on
the value of his property and the salability of the property in the future with the
encumbrance of an easement on the property.
Merlin Loudenburg, 1580 North Hazel Street, stated that he objects because there already is
an easement from the backyard area to Darlene Street. He questioned why the City should
eliminate that easement and take an easement on his property which he feels will lower the
value of his property. He stated that the property owner behind his home was issued a
building permit to construct a house addition, and another building permit to construct a
swimming pool. Both of these are on the easement.
Peter White responded that he had no explanation for why the construction referred to by
Mr. Loudenberg was allowed over the easement; however, that is not the reason why it is
being proposed that the sewer drain to the west rather than to the east. The issue is the
elevation of the e�cisting storm sewer on Darlene Street since draining can't be done from
the low spot to uphill. It would mean reconstructing approximately 380 feet of storm sewer
in Darlene Street as well as through the easement. The City is obligated to pay the property
owner for the damage caused by the taking of the easement.
Councilmember Grimm encouraged Mr. White to meet with the property owner to work out
a fair arrangement. She said the City said will do what it can to see that his property value
remains where it should be.
After additional discussion, Councilmember Grimm requested that Peter White prepare a
cost estimate for the project, how many times this has been the normal way of proceeding as
opposed to exceptions that have been made to the rule. It needs to be put into perspective
with the rest of the City, Grimm said.
Councilmember Grimm moved to lay over to July 27.
Roll Call Yeas - 7 Nays - 0
58. Public hearing in the matter of adverse action against licenses held by Starting Gate, 2516
West 7th Street. (Uncontested)
Phil Byrne, Assistant City Attorney representing the License Division, stated that this is an
uncontested matter and urged the Council to accept the recommendations of the License
Office stating that it is in line with what has been done in the past with license penalties.
Joseph Dudley, Attorney for the Starting Gate, stated that his client is willing to be
monitored during the continuation of his license and Mr. Dudley concurred with the
recommendations of the City Attorney/License Office.
Councilmember Harris moved to adopt the report and recommendations of the City
Attorney and License Office (two weeks suspension, with one week stayed for a period of 18
months, and compliance with the conditions specified in the Stipulation.)
Roll Call Yeas - 7 Nays - 0
July 20, 1994 City Council Summary Minutes Page 12
MISCELLANEOUS
59. Presentation by Denise Kapler, Ramsey County Risk Management, and Dennis Gaiovnik,
City Hall/Courthouse Building Manager, regarding the flood situation in City Ha11/
Courthouse.
Denise Kapler and Dennis Gaiovnik presented an overview of the damages, insurance
coverage, and determination of responsibility pertaining to the water damage to City
Hall/Court House on July 5, 1994.
Suspension Item
Councilmember Rettman moved for suspension of the rules to introduce the following
resolution:
Resolution - 94-1050 - Waiving 60% consent requirement for a block party/special event
pemut for the Rice Street Festival Sidewalk Extravaganza on July 30, 1994.
Roll Ca11 Yeas - 7 Nays - 0
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
Councilmember Blakey moved to adjourn the meeting.
A URNE AT : 5 P.M.
� Council res ent Thune
ATTEST:
���. �� Minutes approved by Council
Nancy Ander n
Assi stant Co nci 1 Secretary �.A..�• ��. 1q 9 �{