Minutes 06-29-1994 ,
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SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, June 29, 1994 - 3:30 P.M.
City Councii Chambers - 3rd Floor
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:40 p.m. by Council President Thune.
Present: 7- Blakey, Guerin, Grimm, Harris, Megard, Rettman, Thune
Absent: 0
CONSENT AGENDA
Councilmember Rettman requested Items 9 and 18 be removed for discussion.
Councilmember Harris requested Items 18, 19, and 27 be removed for discussion.
Councilmember Megard requested Item 26 be removed for discussion.
Councilmember Blakey moved approval of the Consent Agenda as amended.
Roll Call Yeas - 7 Nays - 0
FOR ACTION
1. Approval of minutes of June 22, 1994, Closed Door Session.
Adopted Yeas- 7 Nays - 0
2. Claims of Michael J. Huna, Mary E. Lappegaard (supplement to claim), Chuck
Martin, Scott A. Nyborg, Mary Kim Podobinski and Jerry Podobinski, Gary D.
Schiefelbein, Steve Secket, and Lee Xiong.
Referred to the City Attorney's Office
3. Summons and Complaint in the matter of Michael J. Dreyling vs. the City of St.
Paul, et al.
Referred to the City Attorney's Office
4. Summons and Complaint in the matter of Housing and Redevelopment Authority of the
City of St. Paul vs. the City of St. Paul, et al.
Referred to the City Attorney's Office
5. Summons in Application for Registration of Land in the matter of the Joint Cross-
application of the Travelers Insurance Company, et al.
Referred to the City Attorney's Office
6. Relator's Reply Memorandum in the matter of Herbert L. Howe, dba Cozy Cantina vs.
The City of St. Paul.
Referred to the City Attorney Office
7. Administrative Orders:
D00141 Addition of $35,000 to the contract for Mississippi River Boulevard
Phase VI.
D00142 Addition of $25,940 to the contract for Municipal Stadium Phase I
Seating Addition.
D00143 Addition of $23,872 to the contract for Neighborhood House/E1 Rio
Vista Recreation Center Addition and Remodeling.
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City Council Summary Minutes June 29, 1994
D00144 Amending the 1994 Capital Improvement Budget in the amount of $45,000
for restroom/concession improvement project at Municipal Stadium
D00145 Amending the 1994 budget of the Executive Administration/Housing
Information Office by transferring $37,035 into the appropriate object
codes
D00146 Approving payment not to exceed a500 to the Minnesota Arboretum and
Ryder Bus Company for St. Paul Public Health's participation in the
"Put on your Walking Shoes" Seniors Walking Program.
D00147 Approving payment not to exceed $1,100 for travel of Mary Ann McCall,
St. Paul Public Health, to the National Community Integrated Service
System Conference in Bethesda, Maryland.
D00148 Approving payment not to exceed �315 for box lunches for a Housing
Evaluators seminar.
D00149 Amending the 1991 budget in the Department of Public Works/Capital
Projects by transferring 1988 Public Improvement Aid funding (PIA)
from the Upland-Oakridge-Fir project to the Wabasha Street Initiative
project.
D00150 Approving payment not to exceed �2,000 to the Radisson Hotel Saint
Paul for classroom space for a Police Department Seminar, "Enhancing
Eye-Witness Memory-The Cognitive Interview Method."
D00151 Approving payment not to exceed �3,000 to the Radisson Hotel Saint
Paul for classroom space for Police Department training on "Stalking
and Workplace Violence."
D00152 Approving payment not to exceed $11,000 to various vendors in
connection with the Division of Parks and Recreation's Volunteer Fest.
D00153 Amending the 1994 budget in the Department of Public Works/Capital
Projects by transferring 1994 Capital Improvement Bonds from the
Handicapped Ramps program to the 1994 Special Reconstruction project.
D00154 Addition of a5,038.70 to the contract for Hillcrest Community
Recreation Center Site Development - Part One.
D00155 Addition of �5,347 to the contract for construction of the East Side
Community Center.
D00156 Amending the 1994 budget in the Department of Public Works/Solid Waste
and Recycling Fund.
D00157 Amending the 1994 budget in the Division of Public Health/Nuisance
Health Ordinance Enforcement.
D00158 Amending the 1994 budget of the Civic Center/Operating Fund.
D00159 Addition of a2,310 to the contract for Hillcrest Recreation Center.
Noted as on file in the City Clerk's Office.
8. Letter from Saint Paul Public Health declaring 547 Beaumont Street as "nuisance
property". (For notification purposes only; public hearing will be scheduled at
a later date if necessary.)
9. (Discussed later in the meeting)
10. Resolution - 94-879 - Approving renewal of various On Sale Wine and Supporting
Licenses by: Shantyboat Restaurant & Patio Barge, Harriet Island; and Phalen Park
Hall, 1324 Rose Avenue E. (ID #15711-85353) (Laid over from June 22 for
adoption)
Adopted Yeas - 7 Nays- 0
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City Council Summary Minutes June 29, 1994
11. Resolution - 94-880 - Approving renewal of various Class III Licenses by: John
Castro, St. Paul Collision Center, 102 East Acker Street; Gerald Dettinger, Sun &
Sno Motel, 1810 West 7th Street; Wabasha Tire & Auto Center, 411 South Wabasha
Street; and Michael E. Corcoran, Computer-Tune, 1835 Case Avenue. (ID# 53640-
94299) (Laid over from June 22 for adoption)
Adopted Yeas - 1 Nays - 0
12. Resolution - 94-881 - Approving renewal of a Second Hand Dealer Motor Vehicle and
Pawnbroker License by Twin City Auto Pawn Inc., 605 Como Avenue. (ID#77548) (Laid
over from June 22 for adoption)
Adopted Yeas - 1 Nays - 0
13. Resolution - 94-882 - Approving renewal of Recycling Processing Center License
held by Metal Reduction Co. Inc., 355 East University Avenue (ID #68395) (Laid
over from June 22 for adoption)
Adopted Yeas - 7 Nays - 0
14. Resolution - 94-780 - Approving renewal of various On Sale Liquor and Supporting
Licenses by: Judy K's, 258 7th Street West; Market House, 289 5th Street East;
and The Ground Round, 1825 Suburban Avenue (ID #15599 - 90840). (To be laid over
one week for adoption)
Laid over to July to for adoption
15. Resolution - 94-781 - Ratifying Special State Legislation Section 30, Chapter
611, to allow the City of Saint Paul to issue a wine and beer license to the
College of Saint Catherine and the University of Saint Thomas for special events
on campus.
Adopted Yeas - 7 Nays - 0
16. Resolution - 94-782 - Approving the appointment, by Mayor Coleman, of Pamela
Kelly as Affirmative Action Director. (To be laid over one week for adoption)
Laid over to July 6 for adoption
17. Resolution - 94-783 - Authorizing the City Council to establish minimum
qualifications for the position of Human Resources Director.
Adopted Yeas - 7 Nays - 0
18. (Discussed later in the meeting)
19. (Discussed later in the meeting)
20. Resolution - 94-786 - Approving removal of an Abandoned Vehicle Assessment from
tax roll.
Adopted Yeas - 7 Nays - 0
21. Resolution - 94-787 - Authorizing Director of Public Works to request a variance
from Municipal State Aid Standards for design speed of a crest vertical curve on
East Sixth Street at the Bates Avenue intersection.
Adopted Yeas - 7 Nays - 0
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City Council Summary Minutes June 29, 1994
22. Resolution - 94-788 - Authorizing proper City Officials to enter into a
Cooperative Construction Agreement with Ramsey County for reconstruction of
County State Aid Highway 38 (Randolph Avenue) between Interstate 35E and West
Seventh Street.
Adopted Yeas - 7 Nays - 0
23. Resolution - 94-789 - Approving transfer of County Aid surpluses from various
projects to offset deficit funding in other projects to fund bumpouts at Selby
and Saratoga, additional County Aid and Municipal State Aid funding for
Prosperity Avenue Realignment and the balance of County Aid funds to contingency
account.
Adopted Yeas - 7 Nays - 0
24. Resolution - 94-790 - Approving acceptance of a grant in the amount of $7,876,000
to partially finance the City of Saint Paul's 1994 Sewer Separation Program, and
authorizing the Manager or Assistant Manager of the Public Works Sewer Division
to sign the State Grant Agreement and all documents associated with it. (S-
275002-11)
Adopted Yeas - 7 Nays - 0
25. Resolution - 94-791 - Amending the 1994 budget by adding $61,622 to the Financing
and Spending Plans in the Department of Public Works for overtime costs for
survey and construction inspection work.
Adopted Yeas - 7 Nays - 0
26. (Discussed later in the meeting)
27. (Discussed later in the meeting)
28. Resolution - 94-794 - Amending the 1994 budget by adding $280,000 to the
Financing and Spending Plans of PED/Job Creation and Training to provide
employment and training services to workers dislocated at Unisys in Roseville.
Adopted Yeas - 7 Nays - 0
29. Resolution - 94-795 - Approving the use of $75,000 from City Hall Annex retained
earnings to finance necessary repairs and renovations at the Annex.
Adopted Yeas - 7 Nays - 0
30. Resolution - 94-796 - Approving the transfer of $23,352 from Contingent Reserve
to fund a Fire Sprinkler Inspector position in the Department of Fire and Safety
Services.
Adopted Yeas - 7 Nays - 0
31. Resolution - 94-797 - Approving the disbursement of Youth Program Funds in the
amount of $805.00 to Margaret Recreation Center Booster Club.
Adopted Yeas - 7 Nays - 0
9. Resolution - 94-878 - Approving renewal of various On Sale Liquor and Supporting
Licenses by: The St. Paul Hotel, 350 Market Street; 11 Concord
Street; Beaver Lounge, 756 Jackson Street, �v�'t�`�:�;::;��tC:l�?`::::�:�:�, 899 Rice Street;
Wi 1 ebski Brother's Bar, 601 Western Avenue IV�;�`��G�al�l��i v�an'�s;����354 Wabasha Street N;
Pickle's Lounge, I082 Arcade Street; Forepaugh's, 276 Exchange Street S; and J R
Mac's, 1420 7th Street W. (ID #13412-92598).
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City Council Summary Minutes June 29, 1994
(Laid over from June 22 for adoption with the exception of Born's Dutch Bar which
was laid over to July 20)
Councilmember Rettman clarified that Born's Dutch Bar was removed from this
resolution and laid over to July 20. A separate resolution will be prepared for
Born's.
Adopted as amended Yeas - 7 Nays - 0
18. Resolution - 94-784 - Authorizing the City Council to solicit applications for an
Examining Committee for Human Resources Director pursuant to vacancy and Charter.
Councilmember Rettman asked that the date on the last line of the last "Resolved"
be changed from July 8 to Ju1y 28.
Councilmember Harris said that he would like to see fewer members on the
committee. He questioned the reason for the time consuming and costly procedure
that is followed in selecting a director for the Human Resources Office.
Councilmember Rettman said the goal is to get an expansive list of talented
people to serve on the committee. The names of committee members would be
implemented at the time of the third reading of the ordinance.
Harris said it should not take eight months to hire and questioned the need for a
committee.
Council President Thune said that in the past the committee structure has not
delayed the process.
Councilmember Rettman clarified that under the Charter, the Police Chief, Fire
Chief, and Human Resources Director are appointed by the City Council. The names
do not go to the Mayor. The process is done in this manner to insure that there
is a balance between management, labor, professionals, etc. as well as accessing
equal opportunity for city jobs.
Harris said he feels this should be an administrative process rather than a
political one.
These three positions are important ones in the City, Councilmember Megard
stated. The current process used is a charter provision and a charter change
would be required for any change to the process.
Councilmember Rettman moved approval as amended.
Adopted as amended Yeas - 6 Nays - 1(Harris)
19. Resolution - 94-785 - Approving settlement of claims of St. Paul Firefighters
Robert Mems, Nathanial Davis, Byron Brown, Steven Carlisle, Rodney Edwards,
Lonnie Favors, Thurman Smith, James Fowler, James Smith, Anthony Carter, and
Darrill Berry.
Councilmember Guerin provided the Councilmembers with additional documentation
regarding this issue. He expressed concern about language in the Agreement that
he feels could lead to other litigation. He raised the issue of new employees
who will not be allowed to promote in the Fire Department until the year 2000.
He noted that eleven of the plaintiffs have signed off and 12 have not signed
off. The female firefighters have contacted an attorney, Guerin said, and there
is the potential of other suits. Documents show that one of the original
settlement amounts requested was �400,000 and the Mayor offered $440,000. He
said he does not see where the taxpayers are protected in this lawsuit. He feels
it is a dangerous settlement and that not enough facts were taken into
consideration. Civil Service Rules state that all promotional exams for the City
of St. Paul will be good for one year and extended for one year. Extending for
five years would be in violation of the Rules. If language can be worked out
where there is agreement with the female firefighters and possibly keeping the
test for three years, Guerin said he could support the agreement. Guerin further
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City Council Summary Minutes June 29, 1994
suggested that there should be an Assistant Chief position in the Fire Department
from a"protected class" and that it not specifically state a"Black" person. He
suggested language could be changed specifying "protected class" and that there
be negotiations with the female firefighters, the new hires, Local 21, and the
State Human Rights Department.
Pam Wheelock, Mayor's Chief of Staff, pointed out that this case was scheduled to
go to trial. During the last few weeks prior to the scheduled trial date, the
Mayor met with representatives of the plaintiffs in an attempt to seek a
settlement and to avoid a lengthy, expensive trial. These discussions did result
in a settlement. Ms. Wheelock said the administration intends to work with all
parties within the department and all the affected parties. One of the
provisions is to allow a list to remain in place up to five years. It will not
be known whether that will occur until a test is given and depending on the
number of people on the list. It is possible that the list will expire within the
two years that are currently allowed under Civil Service Rules, but it will not
remain in effect beyond five years. Promotional opportunities always depend on
whether there is a list in place. Wheelock urged people not to over-react until
it is known exactly what is being dealt with.
Tim Marx, City Attorney, provided information on the terms of the settlement.
After a few brief comments from Councilmembers, Councilmember Blakey moved
approval of the resolution.
Adopted Yeas - 6 Nays - 1(Guerin)
26. Resolution - 94-792 - Amending the 1994 budget by adding a815,438.70 to the
Financing and Spending Plans in the Department of Public Works/Street Repair and
Cleaning Fund 225.
Ed Warn, Public Works Department, explained that the purpose of the resolution is
to move dollars representing fund equity from previous recycling activity, which
was part of the street maintenance fund, into the appropriate recycling fund
which became a separate fund in 1994.
Councilmember Megard requested that the Public Works Department provide a report
to Councilmembers on the fund balance.
Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
27. Resolution - 94-793 - Amending the 1994 budget by transferring $94,878 and adding
$189,334 in additional authority to reinstate ten (10) positions, vacated as part
of the early retirement incentive program.
Councilmember Harris moved to lay over to July 6.
Councilmember Thune asked that the Budget Office provide Councilmembers with
information on which positions have been eliminated.
Laid over to July 6 Yeas - 7 Nays - 0
66. Public hearing in the matter of the Petition of Macalester College for the
vacation of part of Princeton Avenue between Vernon Street and Macalester Street
and part of the Alley in Block 7, Macalester Park, lying between Princeton Avenue
and Lincoln Avenue.
Councilmember Harris moved for suspension of the rules to introduce the following
resolution:
Roll Call Yeas - 7 Nays - 0
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City Council Summary Minutes June 29, 1994
Resolution - 94-949 - Authorizing the vacation of part of Princeton Avenue
between Vernon Street and Macalester Street and part of the Alley in Block 1,
Macalester Park, between Princeton Street and Lincoln Avenue.
No one appeared in opposition. Councilmember Narris moved to close the public
hearing.
Roll Call Yeas - 7 Nays - 0
Councilmember Harris pointed out language in the resolution referring to the city
being reimbursed �22,296 for street improvements made in 1990. At that time
$7,000+ was assessed and �22,000+ was paid by the city. There is no policy
pertaining to when the city collects money for vacated land and street
improvements; it only says "recent improvement". Therefore, he would like to see
the costs depreciated and see that a policy is developed in the future.
Discussions were held with Peter Hames, Finance Director, and Stacy Becker,
Public Works Director, it was agreed to amortize the costs.
Councilmember Rettman said she does not feel this should be done on one property
until a policy is in place. The vacation is a benefit to Macalester's property
values, she indicated.
Councilmember Harris said he does not feel ability to pay is a factor. It has
only happened one other time where the city collected on improvements that were
made to a street; this was for Anchor Paper. Harris said he feels it should be
fair, that it should be depreciated over four years and use it as an example of
something that could work in the future.
Peter White, Assessments, was in agreement with Councilmember Harris' recommenda-
tion.
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
67. Public hearing in the matter of the appeal of Dorothy and George Heuer to a
decision of the Board of Zoning Appeals granting a front yard setback variance to
allow the construction of a garage and living space addition at 692 Woodlawn
Avenue.
Marv Bunnell, Planning and Economic Development, Zoning Section, provided a staff
report stating that Dorothy and George Heuer were appealing the decision of the
Board of Zoning Appeals to grant a 13 foot front setback variance to allow the
addition of a garage and living space addition at 692 Woodlawn Avenue, Robert and
Adeline Murtaugh, owners. He cited the planned improvements and findings of the
Board of Zoning Appeals.
John Daubney, representing the appellants, appeared before the Council and
presented extensive testimony against the variance. He also read a letter from
an appraiser indicating that the addition would be a detriment to the property of
Mr. and Mrs. Heuer. Dorothy and George Heuer also provided testimony for their
appeal of the variance. Neighbors attending the meeting in support of the
Heuer's appeal were recognized by the Council.
Providing testimony against the appeal were Robert and Adeline Murtaugh, 692
Woodlawn, and Sandy Erickson, neighbor.
After additional discussion, Councilmember Harris moved to deny the appeal.
Appeal Denied Yeas - 7 Nays - 0
68. Public hearing in the matter of the appeal of Michael and Harriet Arend to a
Planning Commission decision granting a special condition use permit to allow a
hair salon-beauty parlor at 1457 Grand Avenue.
Kady Dadlez, PED, provided a staff report stating that Michael and Harriet Arend
were appealing the decision of the Planning Commission to grant a special
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City Council Summary Minutes June 29, 1994
condition use permit to applicants Timothy Levin and Katy Ryan for a hair salon-
beauty parlor at 1457 Grand Avenue. The Planning Commission approved the permit
with two conditions: that the total number of stylists chairs be limited to 10
and the number of manicure stations to two, and that the hours of operation would
be from 9:00 a.m. to 7:00 p.m. Tuesday through Saturday. The applicants have a
contract to lease the property. The stylists will work primarily on an
appointment basis with a limited number of walk-in clients. The applicant plans
to lease the chairs to stylists who will set their own schedules. The building
is currently vacant but was previously occupied by two businesses. There is also
a day care center in the building. There are six off-street parking spaces at
the rear of the property. The applicant has talked with the Department of Public
Works about having signs posted restricting on-street parking on the east side of
Pascal Street to one hour. The salon would require eight parking spaces; the day
care center requires 15 for a total of 23 spaces. The previous users required a
total of 25 parking spaces. There is a grandfathered shortfall of parking for
the building which would fall from 19 to 17 spaces.
Tim Marx, City Attorney, advised that the beauty parlor is a permitted use and
both the Planning Commission and the Board of Zoning Appeals determined that all
of the conditions attended to this have been satisfied. The Council's discretion
in granting the appeal or denying the permit is limited because the conditions
have been met.
(Councilmember Thune left and returned during the discussion)
Speaking in support of the appeal were Michael and Harriet Arend, 1456 Summit
Avenue, Dick Murphy, 1440 Summit Avenue, and Diana Danielson, 1464 Summit Avenue.
Speaking against the appeal were Katherine Ryan, 600 Montrose Lane and Tim Levin,
600 Montrose Lane.
Further discussion ensued.
Councilmember Guerin moved to deny the appeal.
Appeal Denied Yeas - 6 Nays - 1(Rettman)
69. 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 Jimbee Corporation, dba Mike's Bar, 326 Grove Street.
(Councilmember Rettman left for a brief time during Mr. Byrne's presentation)
Phil Byrne, City Attorney representing the License Office, reported that the case
against Mike's Bar started in mid-November, 1993, when city employees received a
tip that there was extensive selling of stolen property at this bar, and that
there were a number of St. Paul police officers who were frequenting the bar and
knew about or perhaps were involved in this activity. The Minneapolis Police
Department was contacted to enlist the services of undercover officers. On
November 23, the undercover officers began an investigation which continued until
February 10. During the course of the investigation, they observed a continuing
and flagrant use of the bar and its facilities for the sale of various kinds of
stolen good with the full knowledge and facilitation or participation of the
owners and managers. During the investigation, no involvement of St. Paul police
officers was discovered. At the hearing before the Administrative Law Judge, the
ALJ received from the License Office testimony of ten witnesses and 17 exhibits.
Mr. Byrne stated that the main issue at the hearing was whether or not the owner
and his employees knew that the goods were stolen. The ALJ has concluded that
they did know. If the Council were to grant their argument that they did not
know, the test under the law is whether a reasonable person knew or should have
known that the goods were stolen. They admitted to the allegations to license _
officials and St. Paul Police in a meeting on February 14 and they testified at
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City Council Summary Minutes June 29, 1994
the hearing and the ALJ credited that testimony.
Mr. Byrne stated that there were numerous sales and transactions that took place
in view of the licensee, the manager, and bartenders. Paper bags were given to
the patrons for the stolen goods, and the kitchen area was used to lay out
articles of clothing. The ALJ determined that they had lied under oath, Byrne
said, and this should be taken into account very seriously.
Mr. Byrne stated that this case is different from other cases the Council has
dealt with recently in that it involved daily, on-going, knowledgeable
participation of the owner, manager, bartenders, and employees in the traffic of
stolen goods.
Councilmember Guerin questioned whether the individuals who were stealing and
selling merchandise were arrested and charged. Mr. Byrne replied "no";
however, he said that on February 4 police did follow two people who had stolen
property and tracked them into the bar.
Councilmember Blakey asked how long this activity had been going on.
Byrne replied that testimony at the hearing indicated that the owner of the bar
and his manager told the license officials and police at a meeting that it had
gone on for years. The son of the owner told police and license officials at
that meeting that it had intensified from September of 1993 through February of
1994.
Councilmember Rettman asked for confirmation that at no time over the years did
the Licensing Office or the police identify anyone at the bar and give them a
warning. Mr. Byrne responded "no", saying that if an investigation is going to
take place the individuals doing the investigation have a right to know how
serious it is.
Councilmember Thune asked if there was anything to indicate that the Police
Department or the License Office knew there was an illegal activity going on
before receiving the tip and yet allowed it to continue.
Mr. Byrne responded that there was no evidence to that effect.
Councilmember Megard questioned whether during the course of license renewals any
information came forward.
Mr. Byrne responded that the position has always been taken that a license
renewal is not an action which absolves previous wrongdoing. At the time of
renewal, it is automatic without regard to whether there is an action taking
place.
Robert Kessler, License Director, further stated that no one in the License
Office knew the extent of the violations until the end of 1993.
The following people provided testimony and asked for a lesser penalty than what
was recommended by the ALJ:
John Berglund, Executive Director and Legal Counsel for the Beverage Association,
James Harding, Sr., Vice President of Jimbee Corporation.
A1 Unise, Bar Manager.
Pat Fleury, President of the St. Paul Hospitality Association.
The public hearing was closed and a lengthy discussion ensued amongst the
Councilmembers.
Councilmember Guerin moved for a one week layover. After further discussion
Guerin withdrew his motion.
Councilmember Harris moved to accept the findings and sanctions of the
Administrative Law Judge.
Adopted Yeas - 5 Nays - 2(Guerin, Rettman) (60 days suspension and
�20,000 fine)
(The Council recessed for a short time)
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City Council Summary Minutes June 29, 1994
The meeting was reconvened. Roll Call:
Present - 7- Guerin, Harris, Megard, Rettman, Thune
Absent - 0- Blakey, Grimm (arrived shortly after the roll call)
FOR DISCUSSION
34. Resolution 94-876 - Ordering the owner(s) to repair or remove structure located at 340
Duke Street within �fteen (15) days from adoption of resolution. (Legislative Hearing
Officer recommends layover to July 5 Legislative Hearings) (Laid over June 15)
Gerry Strathman, Legislative Hearing Office, stated that at the Legislative Hearing, the
husband of the property owner requested a layover for various reasons.
Jane Myhre, 340 Duke Street, property owner appeared and stated that she no longer lives
at this property and she does not oppose the demolition.
Councilmember Rettman moved for approval of the demolition.
Adopted Yeas 7 Nays - 0
(Items 32-40 were discussed later in the meeting)
PUBLIC HEARINGS
41. Third Reading - 94-706 - An ordinance amending Chapter 366 of the Saint Paul Legislative
Code adding language authorizing the police chief to assess a fee to cover the cost of
providing security for a block party, community festival, special event, march, demonstration
or public gathering. (Laid over from June 1)
No one appeared in opposition. Councilmember Rettman moved to lay over to August 3 as
it is still in committee.
Roll Call Yes - 7 Nays - 0
42. Third Reading - 94-500 - An ordinance amending Chapter 310 of the Legislative Code
relating to procedures for renewal of Class III licenses. (City Operations Committee
recommends approval as amended.)
No one appeared in opposition.
Laid over to July 6 for final adoption
43. Third Reading - 94-859 - An ordinance amending the Legislative Code by adding a 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. (Referred to City Operations
Committee on June 15 with readings to continue in Council)
Councilmember Hanis moved to lay over to July 13 as the ordinance is still in committee.
Council President Thune said that he requested that the City Attorney draft an amendment
which would clarify that this change would only pertain to bars that choose to have firearms
on the premises.
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City Council Summary Minutes June 29, 1994
Laid over to July 13 for continuation of the third reading and to hold the public hearing
open through the fourth reading.
Roll Call Yeas - 7 Nays - 0
44. Resolution - 94-932 - Approving application for Liquor On Sale (A) and Supporting
Licenses by Silver Coaches Inc., dba Mangini's, 1177 Clarence Street (ID #61042).
No one appeared in opposition. Councilmember Grimm moved approval.
Adopted Yeas - 7 Nays - 0
45. Resolution - 94-933 - Approving application for Malt On Sale (3.2 Beer) and Wine On Sale
License by Leeann Chin Inc., dba Leeann Chin Chinese Cti.iisine, 917 Grand Avenue (ID
#82669).
No one appeared in opposition. Councilmember Hanis moved approval.
Adopted Yeas - 7 Nays - 0
46. Resolution - 94-934 - Approving application of Liquor On Sale (A) and Supporting Licenses
by Da Fa Inc. dba Hunan Garden, 380 Cedar Street (ID #34580).
No one appeared in opposition. Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
47. Final Order - 94-870 - In the matter of sidewalk reconstruction on both sides of Eleanor
Avenue from South Cretin Avenue to Mount Cti.irve Boulevard and the west side of South
Cretin Avenue from Eleanor Avenue to approximately 125 feet north of Eleanor Avenue.
(File #59435) (Laid over from June 22)
No one appeared in opposition. Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
48. Final Order - 94-872 - In the matter of sidewalk construction (new) and/or reconstruction
on the north side of Norfolk Avenue from Sumner Street to South Cleveland Avenue, and
the south side of Norfolk Avenue from South Prior Avenue to South Cleveland Avenue.
(File #59437) (Laid over from June 22)
No one appeared in opposition. Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
49. Final Order - 94-873 - In the matter of sidewalk reconstruction on the west side of South
Prior Avenue from Sheridan Avenue to Norfolk Avenue. (File #59438) (Laid over from
June 22)
No one appeared in opposition. Councilmember Hams moved approval.
Adopted Yeas - 7 Nays - 0
50. Final Order - 94-915 - In the matter of sidewalk reconstruction on both sides of East
Maryland Avenue from Frank Street to Duluth Street. (File #S9443) (Public hearing held
June 22 and laid over)
No one appeared in opposition. Councilmember Grimm moved approval.
Adopted Yeas - 7 Nays - 0
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City Council Summary Minutes June 29, 1994
51. Final Order - 94-917 - In the matter of sidewalk reconstruction on both sides of Edmund
Street from Fry Street to Aldine Street. (File #S9445) (Public hearing held June 22 and laid
over)
Tom Keefe, Public Works Department, reported that a petition, with numerous signatures,
was received from homeowners against the sidewalk reconstruction. He said Public Works
will attempt to do a minimal amount of maintenance to the sidewalk at this time rather than
proceed with reconstruction.
Councilmember Megard moved withdrawal.
52. Final Order - 94-935 - In the matter of sidewalk reconstruction on the east side of North
Dale Street from Selby Avenue to Dayton Avenue (File #59454).
No one appeared in opposition. Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
53. Final Order - 94-936 - In the matter of sidewalk reconstruction on both sides of Dayton
Avenue from North Dale Street to North St. Albans Street (#S9455).
No one appeared in opposition. Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
54. Final Order - 94-937 - In the matter of sidewalk reconstruction on both sides of Dayton
Avenue from Kent Street to North Dale Street (File #S9456).
No one appeared in opposition. Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
55. Final Order - 94-938 - In the matter of sidewalk reconstruction on both sides of Dayton
Avenue from North St. Albans to North Grotto Street (File #S9457).
No one appeared in opposition. Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
56. Final Order - 94-939 - In the matter of sidewalk reconstruction on both sides of Hague
Avenue from North Victoria Street to North Milton Street and the west side of North
Victoria Street from Hague Avenue to appro�rimately 100 feet south of Hague Avenue (File
#59458).
No one appeared in opposition. Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
57. Final Order - 94-940 - In the matter of sidewalk reconstruction on the east side of Kent
Street from Summit Avenue to Portland Avenue (File #S9459).
No one appeared in opposition. Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
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City Council Summary Minutes June 29, 1994
58. Final Order - 94-941 - In the matter of sidewalk reconstruction on both sides of North
Milton Avenue from Hague Avenue to Selby Avenue and the north side of Hague Avenue
from North Milton Avenue to approximately 50 feet west of North Milton Avenue (File
#59460).
No one appeared in opposition. Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
59. Resolution Ratifying Assessment - 94-942 - In the matter of summary abatements (property
clean-up and/or snow removal) in the Thomas/Dale area from January through mid-March
J9406TDBC (9597); Summary abatements (property clean-up) for Winter 1994 J9406A
(9598); and Demolition of vacant buildings for March 1994 J9406C (9596).
(Legislative Hearing Officer recommends approval with the following exception: 502
Thomas abatement charge be deleted (J9406TDBC - 9597)
No one appeared in opposition. Councilmember Blakey moved approval with the
amendment recommended by the I,egislative Hearing Officer.
Adopted Yeas - 7 Nays - 0
60. Resolution - 94-943 - Ordering the owner(s) to remove or repair property located at 1115
Agate Street within fifteen (15) days of adoption of resolution. (Legislative Hearing Officer
recommends approval)
No one appeared in opposition. Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
61. Resolution - 94-944 - Ordering the owner(s) to remove or repair property located at 903
Sixth Street East within fifteen (15) days of adoption of resolution. (Legislative Hearing
Officer recommends approval)
No one appeared in opposition. Councilmember Guerin moved approval.
Adopted Yeas - 7 Nays - 0
62. Resolution - 94-945 - Ordering the owner(s) to remove or repair property located at 430-434
Case Avenue within fifteen (15) days of adoption of resolution. (Legislative Hearing Ot'ficer
recommends approval)
Reneta Weiss, Public Health Vacant Buildings, stated that property owners Richard Russ
and Audrey Russ have been meeting with Don Wagner of Building Inspections. A one week
layover was requested to give them time to post bond, and secure the necessary permits.
The property is to be maintained at all times.
Councilmember Rettman moved to lay over to July 6 with the above stipulations.
Roll Call Yeas - 7 Nays - 0
63. Resolution - 94-946 - Ordering the owner(s) to remove or repair property located at 858
Marion Street within fifteen (15) days of adoption of resolution. (Legislative Hearing
Officer recommends approval)
No one appeared in opposition. Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
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City Council Summary Minutes June 29, 1994
64. Resolution - 94-947 - Ordering the owner(s) to remove or repair property located at 1182
Dale Street within �fteen (15) days of adoption of resolution. (Legislative Hearing Officer
recommends apprnval)
No one appeared in opposition. Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
65. Resolution - 94-948 - Approving the acquisition of parcels at 225, 237, and 245 Grand
Avenues through eminent domain and quick take.
United and Children's Hospitals plan to undertake major capitol improvements over the
next ten years. In November of 1993, the Housing and Redevelopment Authority approved
a Development Agreement with United and Children's which approved the exercise by HRA
of the power of eminent domain to assist with the acquisition of certain land for the project
after being unsuccessful in negotiating purchase agreements on three parcels. All costs for
acquisition will be the responsibility of United and Children's.
Property owners at 225 Grand and 245 Grand appeared before the Council and stated that
the price they have been offered for the property is the same amount they originally paid for
the lots. Council President 1'hune told the property owners that if a purchase agreement is
not worked out between the parties, it would go into condemnation and a judge would
determine a fair price and relocation.
Gob Geurs, PED, stated that the Council took its first action to move the $41 million
proposal forward with the hospitals in August of 1993. At that meeting, Councilmember
Thune asked that United and Children's undertake two appraisals of the property and make
an offer. This has been done.
Dan Reilley, Vice President of Campus Services for United and Children's Hospitals,
reported that an original offer was made in March, 1993 based on an appraisal. A second
appraisal was done by a different company and there was not a significant difference in the
appraisals. Offers were made to the property owners based on the appraisals.
An amendment was made to the legal description.
Councilmember Guerin moved approval.
Adopted as amended. Yeas - 7 Nays - 0
Items 66-69 were discussed earlier in the meeting.
SUSPENSION ITEMS
Councilmember Rettman moved for suspension of the rules to introduce the following
resolutions:
Roll Call Yeas - 7 Nays- 0
Resolution - 94-950 - Agreeing that the City Council of the City of Saint Paul will indemnify
and hold harmless the Minnesota State Fair, its of�cers and employees from all suits, claims
and actions brought about for use of parking lots in connection with the Hmong Sports
Event on July 2& 3, 1994.
Councilmember Rettman said that she, Mayor Coleman, and sponsors of the Hmong Sports
Event visited the neighborhood around McMunay Field where the event will take place.
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City Council Summary Minutes June 29, 1994
The Mayor wanted to allow the event to be held one more time at this location to see how
it works out. It may be found that it is too intense for the area and the Mayor and sponsors
have committed to finding a different time or location in subsequent years if it does not
work out this year. The Hmong festival sponsors are paying for 22 police officers for crowd -
control as well as barricades.
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
Resolution - 94-951 - Agreeing that the City Council of the City of Saint Paul will indemnify
and hold harmless First Bank Incorporated, its officers and employees from all suits, claims
and actions brought about for use of parking lots in connection with the Hmong Sports
Event on July 2& 3, 1994.
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
32. Resolution - 94-897 - Requesting that the Planning Commission study City resource
allocation programs and make recommendations to the City Council and the Mayor to
improve the current allocation processes. (Laid over from June 22)
Councilmember Megard moved to introduce a substitute resolution stating that the original
resolution inadvertently left out the crime prevention program, the date was changed to
October to allow time for discussion of the one-half cent sales tax, and language was added
to the last resolve to focus on improving coordination between current and proposed
programs.
Roll Call Yeas - 7 Nays - 0
Councilmember Megard moved approval of the substitute resolution.
Adopted Yeas - 7 Nays - 0
33. Resolution - 94-798 - Directing the Charter Commission to study the feasibility of holding
municipal elections in even-numbered years.
Councilmember Megard listed concerns she has with this issue and requested that the City
Attorney answer questions under the transition language.
Councilmember Guerin moved for a two week lay over.
Tim Marx, City Attorney, requested that Councilmember Megard submit her questions and
concerns to him in writing.
Roll Call Yeas - 7 Nays - 0
ORDINANCES
35. Final Adoption - 94-817 - An ordinance amending Chapter 60 of the Legislative Code and
finalizing City Council approval of a petition by Perry and Jeanne LaBelle to rezone
property located at 1217 White Bear Avenue to B-3 to allow expansion of an existing
muffler shop. (Public hearing held May 11)
Councilmember Grimm moved approval.
Adopted Yeas - 7 Nays - 0
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City Council Summary Minutes June 29, 1994
36. Third Reading - 94-858 - An ordinance amending Chapter 60 of the Legislative Code by
rezoning property of Janice A. Meyer located at 2186 Como Avenue from RT-2 to B-1 to
allow a framing shop and art retailer. (Public hearing held May 11)
Laid over to July 6 for �nal adoption.
37. Second Reading - 94-898 - An ordinance amending Sections 310.01 and 310.05 of the St.
Paul Legislative Code to allow the imposition of fines, and of all or a part of the costs of
contested case hearings, on licensees or applicants.
Laid over to July 6 for third reading/public hearing.
38. First Reading - 94-799 - An ordinance establishing an Examining Committee for the position
of Director of Human Resources pursuant to the provisions of Section 12.12.1 of the City
Charter.
Councilmember Rettman noted for the record that the third reading of this ordinance will
be laid over to August 3.
Laid over to July 6 for second reading.
39. First Reading - 94-930 - An ordinance amending Chapter 280 of the Saint Paul Legislative
Code by adding a new section which makes it a crime for any person to possess non-water
soluble paints in spray cans, other paint containers or marking devices.
Laid over to July 6 for second reading.
40. First Reading - 94-931 - An ordinance finalizing City Council approval of a petition of
Woodland Tenace Inc. to rezone property located at 538 Dayton Avenue to P-1. (Public
hearings held on May 11 and May 25)
Laid over to July 6 for second reading.
Councilmember Guerin moved to adjoum the meeting.
JO NED T 8:1
Co il Pr sid une
ATTEST:
a� .- .. � Mi nutes approved by Counci 1
Nancy And on
Assistant Council Secretary AuQUSt 17. 1994
mce
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