Minutes 06-08-1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
JUNE 8, 1994
3:30 P.M. - City Council Chambers, Third Floor
City Hall and Court House
St. Paul, Minnesota
Present - 7- Councilmembers Blakey, Grimm, Guerin, Harris, Megard, Rettman, Thune
Absent - 0
CONSENT AGENDA
14a. Letter from the Office of the City Attorney announcing date of pubic hearing before the
City Council on June 15, 1994, concerning adverse action against licenses held by B H&
M, Inc., dba Bom's Dutch Bar, 899 Rice Street.
Nancy Anderson, Assistant Council Secretary read this letter into the record to be
considered as part of the consent agenda.
Councilmember Guerin requested that item 23 be amended with the Old Volks Home at 525 -
7th Street only to be laid over one week to June 15.
Councilmember Rettman moved approval of the consent agenda as amended.
Roll Call Yeas - 7 Nays - 0
FOR ACTION
1. Approval of minutes of April 13, 1994 City Council meeting. (Laid over from June 1)
Adopted Yeas - 7 Nays - 0
2. Claims of Daniel L. Dobson, Brian Everett Healy, Cleora O. King-Thrailkill, Julia
Danette Landucci, and Mr, and Mrs. Tiger Jack R. Rosenbloom.
Referred to the City Attorney's Office
3. Summons and complaint in the matter of Rickey Suggs vs. the City of St. Paul et al.
Referred to the City Attomey's Office
4. Summons in application for registration of land in the matter of Craig E. Lindeke as
personal representative of the estate of William A. and Ida Q. Lindeke.
Referred to the City Attorney's Office
5. Notice of Appeal to a decision of the St. Paul Civil Service Commission in the matter of
Thomas Strohkirch.
Refened to the City Attomey's O�ce
6. Petition for Writ of Certiorari in the matter of Herbert L. Howe dba Cozy Cantina vs
the City of Saint Paul.
Referred to the City Attorney's Office
City Council Summary Minutes June 8, 1994
7. Administrative Orders:
D00131 Addition of $31,101.95 to the contract for the Cleveland Circle Parking Lot
D00132 Addition of $1,164 to the contract for Sewer Maintenance Garage Roof
Replacement
D00133 Budget revision in Public Works transferring $1,886,975 from Storm Water
Discharge Management Activity to Storm Sewer System Charge Activity
D00134 Addition of $9,980 to the contract for Municipal Stadium Phase I Seating
Addition
D00135 1994 budget revision in Police-General Fund specialized equipment (Bartec
Dialed Number Recorders)
D00137 1993 budget revision in the Department of Planning and Economic
Development, Community Development Block Grant Fund/Concentrated
East Side Residential URAP Project
Noted as on file in the City Clerk's Office
8. Letter from Saint Paul Public Health declaring properties as nuisances for 1115 Agate
Street, 1182 N. Dale Street, 906 East 6th Street, 858 Marion Street, and 430-434 Case
Avenue, and setting date of public hearing for June 29, 1994.
9. I.etter from Saint Paul Public Health declaring 703 Wells Street, 1101 Ross Avenue, 679
Wells Street as "nuisance property". (For notification purposes only; public hearing will
be scheduled at a later date if necessary)
10. Letter from the Office of the City Attorney announcing date of public hearing before the
City Council on June 22, 1994, conceming adverse action against licenses held by Lester
and Marion Morgan dba Morgan's Mexican & Lebanese Foods, 736 South Robert Street.
(Uncontested)
11. Letter from the Office of the City Attorney announcing date of public hearing before the
City Council on June 22, 1994, conceming adverse action against licenses held by Alcorn,
Inc. dba Parkway Auto Care, 2005 Ford Parkway. (Uncontested)
12. Letter from the Office of the City Attomey announcing date of public hearing before the
City Council on June 22, 1994, concerning adverse action against licenses held by
Finaserve, Inc., 2067 Grand Avenue. (Uncontested)
13. Letter from the Office of the City Attorney announcing date of public hearing before the
City Council on June 22, 1994, concerning adverse action against licenses held by Hazem
M. Tawileh dba 7th Street Market, 1658 7th Street. (Uncontested)
14. Letter from the Office of the City Attomey announcing date of public hearing before the
City Council on June 29, 1994, conceming adverse action against licenses held by Jimbee
Corporation dba Mike's Bar, 326 Grove Street.
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City Council Summary Minutes June 8, 1994
14a. (noted above)
15. Letter from the Department of Finance and Management Services setting date of public
hearing for June 22, 1994, in the petition of Travelers Insurance Company for the
vacation of a 0.5 foot encroachment of the Town Square Building into Cedar Street
between 7th and 6th Streets.
16. Letter from the Department of Finance and Management Services setting date of public
hearing for June 22, 1994, in the petition of Travelers Insurance Company for the
vacation of a 0.5 foot encroachment of the Town Square Building into Minnesota Street
between 7th and 8th Streets.
17. Letter from the Department of Planning and Economic Development-Planning Division
setting date of public hearing for June 22, 1994, in the matter of rezoning properties
located at 2305 Ford Parkway and 775 Woodlawn Avenue from P-1 (parking), OS-1
(office) and I-1 (industrial) to RM-2 (residential) by Rosewood Estate to allow a multi-
family housing unit for the elderly.
18. Resolution - 94-717 - Approving applications for the renewal of various Class III
Licenses (ID #00231-89897) by: M& H Gas Station, 721 Arcade Street; Doran-King
Garage, Inc., 1521 Randolph Avenue; Union Gospel Mission, 77 East 9th Street;
Wilbur's Auto Service, 1138 Payne Avenue; Lot B, 640 Jackson Street; Jensen Durfee &
Associates, 440 Sibley Street; Ramsey Ramp, 640 Jackson Street; Certified Auto, 977
Front Avenue; and Mallard Teal's Payne Avenue Auto Body, 860 Payne Avenue. (Laid
over from June 1 for adoption)
Adopted Yeas - 7 Nays - 0
19. Resolution - 94-718 - Approving application for the renewal of Off Sale Liquor and
Original Container License (ID #13653) by JMS Investment, Inc. dba Lex Liquor Barrel
at 451 N. Lexington Parkway. (Laid over from June 1 for adoption)
Adopted Yeas - 7 Nays - 0
20. Resolution - 94-719 - Approving application for the renewal of On Sa1e Liquor and
Supporting Licenses (ID #16320-58841) by: W A Frost and Company, 374 Selby Avenue;
and Hafner's, 1560 North White Bear Avenue. (Laid over from June 1 for adoption)
Adopted Yeas - 7 Nays - 0
21. Resolution - 94-720 - Approving application for the renewal of various Class III and
Supporting Licenses (ID #12631-99849) by: Precision Tune, 874 E. Maryland Avenue;
Crocus Hill Import Service, 63 S. Grotto Street; Allied Parking, Inc., 205 E. 8th Street;
Guadalupano Supermarket, 178 Concord Street; MN Licensed Beverage Association-
Children's Fund-Maurers Parkside, 1181 Clarence Street; Grand and Smith Mobil, 236
Grand Avenue; Lancer Service, 227 E. 8th Street; MN Licensed Beverage Association-
Children's Fund-Mancini's, 531 W. 7th Street; TNT Auto Body Repair, 933 Atlantic
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City Council Summary Minutes June 8, 1994
Street, St. Paul Indoor Tennis Club, 600 DeSoto Street; Ro�s Phillip 66, 305 Maria
Avenue; and Midway Express, 1169 W. University Avenue. (Laid over from June 1 for
adoption)
Adopted Yeas - 7 Nays - 0
22. Resolution - 94-721 - Approving application for the renewal of Class III and Supporting
Licenses (ID # 15110 - 94270) by: Mickey's Nook, 492 Hamline Avenue South; Crown
Sterling Suites, 175 10th Street East; St. Paul Police Pistol Club, 100 10th Street East;
Firearms Infirmary, 1482 Almond Avenue; APCOA, Inc., 320 Prince Street; East Side
Gun Shop, 935 Arcade Street; Selby Avenue Superette, 1025 Selby Avenue; Economy
Muffler, 924 University A�enue West; Minnesota Choppers, 395 Burgess Street; Phalen
Park Auto Service, 1335 Prosperity Avenue; Neighborhood House Association/Herges,
435 University Avenue East; Auto Ma3c, Inc., 1015 Rice Street; American Tire & Service,
2269 Ford Parkway; Hearthside Restaurant, 1641 Rice Street; Gas/Plus, 525 Lafayette
Road; Midwest Federal Building, 360 Cedar Street; Guzzo's L& R Service, Inc., 944
Arcade Street; Haas Collision Craft, 1400 St. Clair Avenue; Auto Max, Inc., 847 White
Bear Avenue North; Neighborhood House Association/Ted's Rec, 1084 La,rpenteur
Avenue West; Galtier Plaza Garage, 175 Sth Street East #412; Travel Inn, 149
University Avenue East; Cleveland Standard, 2058 Grand Avenue; Ramada Hotel, 1870
Old Hudson Road; Volume Services (St. Paul Civic Center), 143 4th Street West;
Westside/Westend Youth Hockey Association/Brown Derby, 567 Stryker Avenue; Fort
Road Automotive, 2599 7th Street West; Intemational Traveling League-MN Little
Gophers/Triviski's, 173 Robert Street South; Concord Texaco, Inc., 205 Concord Street;
Neighborhood House Association/Willards, 738 Thomas Avenue; Hillcrest Certicare
Repair Center, 1581 White Bear Avenue North; and Union Gospel Mission, 435
University Avenue East. (Laid over from June 1 for adoption)
Adopted Yeas - 7 Nays - 0
23. Resolution - 94-722 - Approving application for the renewal of Class III and Supporting
Licenses (ID # 11370-93172) by: Central Place Parking, East 9th and Cedar; Angelo's
Pizza, 1668 White Bear Avenue North; Road Rescue, Inc., 1133 Rankin Street; Exel Inn
of St. Paul, 1739 Old Hudson Road; Charles Thompson Memorial Hall, 1824 Marshall
Avenue; SuperAmerica #4409, 957 Rice Street; Old Volks Home, 525 7th Street East;
Donearle, 81 9th Street East; Midas Muffler, 1415 White Bear Avenue North; and St.
Paul Boom Co., 100 Yacht Club Road. (Laid over from June 1 for adoption)
Councilmember Guerin requested the resolution be amended with the Old Volks Home
at 525 - 7th Street only to be laid over one week to June 15.
Adopted as amended Yeas - 7 Nays - 0
24. Preliminary Order - 94-777 - In the matter of sidewalk reconstruction with integral curb
on the east side of South Prior Avenue from Stanford Avenue to Wellesley Avenue and
the south side of Stanford Avenue from South Prior Avenue to approximately 110 feet
east of South Prior Avenue, and setting date of public hearing for August 3, 1994. (File
#59486)
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City Council Summary Minutes June 8, 1994
Adopted Yeas - 7 Nays - 0
25. Preliminary Order - 94-778 - In the matter of sidewalk reconstruction on both sides of
Albemarle Street from West Cook Avenue to West Geranium Avenue, and setting date
of public hearing for August 3, 1994. (File #S9492)
Adopted Yeas - 7 Nays - 0
26. Preliminary Order - 94-779 - In the matter of sidewalk reconstruction on both sides of
Farrington Street from West Lawson Avenue to West Jessamine Avenue, and setting
date of public hearing for August 3, 1994. (File #S9493)
Adopted Yeas - 7 Nays - 0
27. Preliminary Order - 94-8� - In the matter of sidewalk reconstruction on both sides of
Westminster Street from Jenks Avenue to East Magnolia Avenue, and setting date of
public hearing for August 3, 1994. (File #59494)
Adopted Yeas - 7 Nays - 0
28. Preliminary Order - 94-801 - In the matter of sidewalk reconstruction at 1025 and 1030
Flandrau Streets, and setting date of public hearing for August 3, 1994. (File #59496)
Adopted Yeas - 7 Nays - 0
29. Preliminary Order - 94-802 - In the matter of sidewalk reconstruction on both sides of
Kennard Street from East Arlington Avenue to East Nevada Avenue, and setting date of
public hearing for August 3, 1994. (File #59497)
Adopted Yeas - 7 Nays - 0
30. Preliminary Order - 94-803 - In the matter of sidewalk reconstruction on both sides of
East Lawson Avenue from C�+press Street to Earl Street, and setting date of public
hearing for August 3, 1994. (File #S9498)
Adopted Yeas - 7 Nays - 0
31. Preliminary Order - 94-804 - In the matter of sidewalk reconstruction on both sides of
East Magnolia Avenue from Mendota Street to Forest Street, and setting date of public
hearing for August 3, 1994. (File #59499)
Adopted Yeas - 7 Nays - 0
32. Preliminary Order - 94-805 - In the matter of sidewalk reconstruction on both sides of
East Nebraska Avenue from Greenbrier Street to Weide Street, and setting date of
public hearing for August 3, 1994. (File #S94100)
Adopted Yeas - 7 Nays - 0
33. Preliminary Order - 94-806 - In the matter of sidewalk construction (new) and/or
reconstruction on both sides of East Nebraska Avenue from Weide Street to Arcade
Street, and setting date of public hearing for August 3, 1994. (File #594101)
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City Council Summary Minutes June 8, 1994
Adopted Yeas - 7 Nays - 0
34. Resolution - 94-773 - Concerning adverse action against licenses held by Wallace's
Westsider, Inc. dba Wallace's Westsider at 429 South Robert Street. (Uncontested)
(Public hearing held June 1)
Adopted Yeas - 7 Nays - 0
35. Resolution - 94-728 - Approving and ratifying the 1993-1996 Agreement between the
Independent School District No. 625 and the United Association of Pipefitters, Local
Union No. 455, and the July 1993 - June 1995 Agreement with District Lodge No. 77,
International Association of Machinists and Aerospace Workers, AFL-CIO. (Laid over
from June 1)
Adopted Yeas - 7 Nays - 0
36. Resolution - 94-807 - Amending Council File No. 169393 adopted July 21, 1954 and
authorizing proper City officials to execute a Release of Temporary Easement on
property of James Bloomfield and Keith Goar located at 1375 Kenneth Street.
Adopted Yeas - 7 Nays - 0
37. Resolution - 94-808 - Authorizing payment in the amount of $8,358.42 to St. Paul Fire
and Marine Insurance Company for Lee Snitzer from the Tort Liability Fund in full
settlement of claim.
Adopted Yeas - 7 Nays - 0
38. Resolution - 94-809 - Authorizing payment in the amount of $2,515.95 to Metropolitan
Transit Commission from the Tort Liability Fund in full settlement of claim.
Adopted Yeas - 7 Nays - 0
39. Resolution - 94-810 - Amending the 1994 Capital Improvement Program by transfening
spending and �nancing from the Combined Sewer Separation Paving Program project
and Major Sewer Repairs (construction work for the University/Mississippi area) to the
Combined Sewer Separation Program.
Adopted Yeas - 7 Nays - 0
40. Resolution - 94-811 - Amending the 1993 Capital Improvement Program (construction of
street lighting system on the 35E/University area) by increasing financing from
Minnesota Department of Administration.
Adopted Yeas - 7 Nays - 0
41. Resolution - 94-812 - Amending the 1994 Capital Improvement Program by transfemng
spending and financing from the Combined Sewer Separation Program project, and 1990,
1993, and 1994 Major Sewer Repairs (St. Clair-Lexington-35E and Oakland-Grand-
Summit projects) and adding Assessment bonds and Water Utility to the Combined
Sewer Separation Program.
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City Council Summary Minutes June 8, 1994
Adopted Yeas - 7 Nays - 0
42. Resolution - 94-813 - Amending the 1993 Capital Improvement Program by transferring
spending and financing from the 1993 CSSP Paving project to the Prior/Sheridan CSSP
project.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
43. Resolution - 94-814 - Authorizing the conveyance of sanitary sewers to the Metropolitan
Waste Control Commission in conjunction with the joint design and construction of
sanitary and storm sewers for the Northwest Extension of the Troutbrook Interceptor
and the Albemarle/Nebraska CSSP Project.
Councilmember Rettman moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
44. Resolution - 94-742 - Authorizing International Graffiti to use the Division of Parks and
Recreation licenses, with terms and conditions, to se113.2 beer and/or wine at the
Lollapalooza Festival held at Harriet Island Park on Tuesday, July 12, 1994. (Laid over
from June 1)
Councilmember Guerin moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
72. Hearing to consider the application of Richard Shapiro dba Company 7, Inc., for a one
day noise variance on Tuesday, July 12, 1994, from 10:30 a.m. to 10:30 p.m. on Harriet
Island in conjunction with the Lollapalooza '94 Concert.
No one appeared in opposition.
Suspension Item
Councilmember Guerin moved the rules be suspended to consider the resolution
regarding a sound level variance for the Lollapalooza event.
Roll Call Yeas - 7 Nays - 0
Resolution - 94-834 - Granting a sound level variance for the Lollapalooza event on
Harriet Island July 12, 1994.
A representative of the district council (not identified) appeared and indicated that the
district council is in favor of the resolution.
Councilmember Guerin moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
COMMITTEE REPORTS
45. Resolution - 94-815 - Authorizing Mayor Norm Coleman to submit the City of Saint Paul
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City Council Summary Minutes June 8, 1994
Empowerment Zone/Enterprise Community Application to the U.S. Department of
Housing and Urban Development (HUD), and authorizing proper City officials to
execute a grant agreement and contract between HUD and the City of Saint Paul.
(Community & Economic Development Committee recommends to proceed with
prepaxation of the application).
In response to a question from Councilmember Rettman, Jim O'Leary of the Division of
Planning and Economic Development (PED) indicated that the application process
required that the city seek waivers of any Federal regulations or rules which would
impede those plans that are submitted as part of the Empowerment Zone/Enterprise
Community (EZ/EC) application. Mr. O'Leary made it clear that Davis-Bacon was
specifically excluded from this discussion as it is law and cannot be waived. Mr. O'Leary
also assured the Council that any changes to the plan which involved Davis-Bacon would
be brought before the Council before incorporation.
In response to a question from Councilmember Guerin, Mr. O'Leary stated that the
PED's EZ/EC application incorporates some of the preliminary ideas that are expected
to appear in the study by Anderson Consulting. He indicated that the study is not yet
complete and he has not yet reviewed it.
Councilmember Grimm said she would be meeting with Larry Buegler of PED in the
next two weeks to discuss the Anderson Consulting report. She believes that Mr.
Buegler will be meeting with each of the other councilmembers as well.
Councilmember Grimm moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
46. Resolution - 94-816 - Accepting recommendations by the Planning Commission on the
draft Regional Blueprint and asking the Metropolitan Council to incorporate them in the
redraft of the Regional Blueprint. (Community & Economic Development Committee
recommends proceed with preparation of resolution to bring in at the full City Council
meeting on June 8).
Councilmember Grimm presented a final resolution to be considered under suspension.
In response to a question from Councilmember Harris, Councilmember Grimm indicated
that she believed that the Metropolitan Council would present their final Regional
Blueprint this Fall.
Councilmember Grimm moved approval of the resolution.
Final Resolution Adopted Yeas - 7 Nays - 0
ORDINANCES
47. Final Adoption - 94-595 - An ordinance amending Chapter 157, Section 157.04, entitled
"Miscellaneous parking restrictions". (Public Hearing held May 18 - Laid over from May
25)
Councilmember Rettman indicated that she is withdrawing this ordinance and would be
submitting a substitute resolution in the future.
Withdrawn
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City Council Summary Minutes June 8, 1994
48. Second Reading - 94-745 - An ordinance amending Section 409.21 of the Legislative
Code allowing charitable organizations to conduct gambling by the sale of paddlewheel
tickets in certain licensed establishments.
Laid over to June 15 for Third Reading/Public Hearing
49. Second Reading - 94-746 - An ordinance amending Chapters 6.03.3 and 12 of the Saint
Paul City Charter by requiring City employees to take a leave of absence if elected to
City office, to deem certain matters as conflicts of interest for Councilmembers on leave
from City employment, and to submit the axnendments to the City voters for approval.
Laid over to June 15 for Third Reading/Public Hearing
50. First Reading - 94-817 - An ordinance amending Chapter 60 of the Legislative Code and
finalizing City Council approval of a petition by Perry and Jeanne L,aBelle to rezone
property located at 1217 White Bear Avenue to B-3 to a11ow expansion of an existing
muffler shop. (Public hearing held May 11)
Laid over to June 15 for Second Reading
PUBLIC HEARINGS
51. Third Reading - 94-704 - An ordinance amending Chapter 60 of the Legislative Code by
finalizing City Council approval of a petition of Tim Madden and rezoning property
located at 865 Front Avenue from B-2 to RM-2. (Public Hearing also held on Apri127)
No one appeared in opposition.
Laid over to June 15 for final adoption
52. Third Reading - 94-705 - An ordinance amending Chapter 60 of the Legislative Code by
finalizing City Council approval of a petition by Mike and Mark Fuhr and rezoning
property located at 399 Ruth Street from OS-1 to P-1. (Public Hearing also held on
Apri127)
No one appeared in opposition.
Councilmember Guerin stated that often times an ordinance is passed much later than
the original resolution. He eJCpressed concem over the possibility of a resolution being
passed in December with the subsequent ordinance not being passed by a new council in
January.
Councilmember Thune directed Gerry Strathman, Council Secretary, to study options for
the Council to consider to avoid this problem in the future.
Laid over to June 15 for final adoption
53. Resolution - 94-818 - Approving application for a new State Class B Gambling Premise
Permit (ID #B-03015) applied for by Deafness Education & Advocacy Foundation
(D.E.A.F.) at Top Hat Lounge, 134 E. Sth Street.
No one appeared in opposition.
Councilmember Rettman moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
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City Council Summary Minutes June 8, 1994
54. Resolution - 94-819 - Approving application for a new Gambling Manager's License (ID
#34595) applied for by Linda Nelson dba Deafness Education and Advocacy Foundation
(D.E.A.F.) at Top Hat Lounge, 134 E. Sth Street.
No one appeared in opposition.
Councilmember Rettman moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
55. Resolution - 94-820 - Approving application for a new Class A Gambling Location
License (ID #84293) applied for by Twin States Music Co. dba CAB's Pub & Eatery,
992 Arcade Street.
No one appeared in opposition.
Councilmember Grimm moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
56. Resolution - 94-821 - Application for a new Gambling Manager's License (ID #89638)
applied for by Henry J. Hall dba Animal Relief Fund at CAB's Pub, 992 Arcade Street.
No one appeared in opposition.
Councilmember Grimm moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
57. Resolution - 94-822 - Approving application for a new State Class B Gambling Premise
Permit (ID #B-03955) applied for by Animal Relief Fund at CAB's Pub, 992 Arcade
Street.
No one appeared in opposition.
Councilmember Grimm moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
58. Resolution - 94-823 - Approving application for a new State Class A Gambling Premise
Permit (ID #A-03378) applied for by St. Anthony of Padua's Friends at 1494 North Dale
Street.
No one appeared in opposition.
Councilmember Rettman moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
59. Resolution - 94-824 - Approving application for a new State Class B Gambling Premise
Permit (ID #B-03757) applied for by Intemational Traveling League at Reaney's Bar,
870 Payne Avenue.
No one appeared in opposition.
Councilmember Grimm moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
60. Resolution - 94-825 - Approving application for a new Gambling Manager's License (ID
#92842) applied for by Elaine D'Augustino dba Intemational Traveling League at
Reaney's Bar, 870 Payne Avenue.
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City Council Summary Minutes June 8, 1994
No one appeared in opposition.
Councilmember Grimm moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
61. Resolution Ratifying Assessment - 94-826 - In the matter of sidewalk reconstruction on
both sides of Euclid Street from Cypress Street to Earl Street. (File #59315)
No one appeared in opposition.
Councilmember Guerin moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
62. Resolution Ratifying Assessment - 94-827 - In the matter of sidewalk reconstruction on
the south side of Margaret Street from Hancock Street to Gotzian Street. (File #S9316)
No one appeared in opposition.
Councilmember Blakey moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
63. Resolution Ratifying Assessment - 94-828 - In the matter of sidewalk reconstruction on
both sides of East Third Street from North Howard Street to North McKnight Road.
(File #59317)
No one appeared in opposition.
Councilmember Guerin moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
64. Resolution Ratifying Assessment - 94-829 - In the matter of sidewalk reconstruction on
both sides of Brimhall Street from Niles Avenue to Hartford Avenue. (File #S9318)
No one appeared in opposition.
Councilmember Guerin moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
65. Resolution Ratifying Assessment - 94-830 - In the matter of grading and paving,
construct concrete curb and gutter, construct storm water drainage facilities and do all
other work necessary to complete said project in Capp Road from Vandalia Street to
approximately 416 feet east of Vandalia Street. (File # 18679)
No one appeared in opposition.
Councilmember Megard requested that item 65 be laid over to June 22 at the request of
the property owners.
Roll Call Yeas - 7 Nays - 0
66. Resolution Ratifying Assessment - 94-831 - In the matter of installing a public water
main in Capp Road from Vandalia Street to approximately 416 feet east of Vandalia
Street. (File # 18679-W)
No one appeared in opposition.
Councilmember Megard requested that item 66 be laid over to June 22 at the request of
the property owners.
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City Council Summary Minutes June 8, 1994
Roll Call Yeas - 7 Nays - 0
67. Final Order - 94-832 - In the matter of condemning and taking all property and
easements necessary to construct and maintain a holding pond for the Grand/St. Albans
Sewer Project.(File #18711E2)
No one appeared in opposition.
Councilmember Blakey moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
68. Final Order - 94-833 - In the matter of constructing curb and gutter on the east side of
Griggs Street from Hewitt Avenue to Pierce Butler Route and on the North side of
Hewitt Avenue from Griggs Street to Pierce Butler Route. (File #18740).
No one appeared in opposition.
Councilmember Blakey withdrew the resolution at the request of property owners who
would like to delay this construction until the Public Works Department begins street
repavement later this year.
Withdrawn
69. Resolution - 94-624 - Ordering the owner(s) to repair or remove the building at 683
Third Street East within fifteen (15) days from the adoption of resolution. (Legislative
Hearing Officer recommends a six month extension on the condition that the owner
obtain proper inspections and posts appropriate bonds) (Laid over from May 11)
No one appeared in opposition.
Adopted as amended per I.egislative Hearing Officer's recommendation
Yeas - 7 Nays - 0
70. Hearing to consider the request by Trillium Corporation for a combined Preliminary and
Fina1 Plat for property located at the southeast comer of Case Avenue and Frank Street.
No one appeared in opposition.
Catherine Dadlez of PED indicated that the purpose for the plat approval is to more
easily describe the property owned by Trillium Corporation. This description will allow
Trillium to secure the appropriate titles and sell the land to the existing lease holders:
Minnesota Public Radio, Ramsey County, and a party who will continue to lease
property to Budget Towing. Ms. Dadlez indicated that Ramsey County will acquire more
property than it currently holds but will be unable to expand its compost site on the
property per the requirement for a 300 foot setback from adjacent residential property.
Resolution �nalizing Council action scheduled on June 15 agenda
71. Heaxing to consider the request by Jim Dey for a Registered Land Survey for properties
located at 1215 and 1227 North Dale Street.
No one appeared in opposition.
Resolution finalizing Council action scheduled on June 15 agenda
Suspension Item
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City Council Summary Minutes June 8, 1994
Resolution - 94-835 - Imposing terms and conditions on licensee of the Cozy Cantina.
Phil Byrne, Assistant City Attomey representing Licensing, indicated that the Court of
Appeals granted a stay of the 14-day suspension imposed by the City Council pending
appeal. The stay included a provision for the Council to impose reasonable terms and
conditions on the stay. Mr. Byrne outlined the terms and conditions that he recommends
per his letter to the Council. He stated that these conditions include requiring the
license holder to conduct a background check on all employees, prohibit the storing of
weapons in the bar until employees have completed training courses in alcohol and drug
awareness and firearm safety, notify the Chief of Police if firearms are stored in the
establishment, have no violations of the law in his establishment during the pendency of
the appeal. Mr. Byrne also submitted a substitute resolution that requires the bar owner
to either not hire employees with a federal criminal record or not have fireanns present
in the establishment.
Tom Norby, representing the license holder, stated that Mr. Howe is willing to agree to
the first and fourth provisions, but he objects to the provisions regarding firearms. Mr.
Norby stated that Minnesota state law preempts cities from regulating firearms,
therefore, the city has no authority in this matter.
Councilmember Guerin stated that he did not approve of setting conditions that would
likely be contested by the licensee and may be out of the jurisdiction of the Council.
Councilmember Blakey said that he sees this a public safety issue that needs to be
addressed by the council regardless of a legal battle that may or may not ensue.
Councilmember Blakey urged the Council to trust Mr. Byrne's e�ertise in this area and
to support the resolution.
In response to a question from Councilmember Rettman, Tim Marx, City Attomey,
indicated that Mr. Byrne's recommendation is legally permissible, but he did not know
whether or not the court would uphold the Council's decision. Mr. Man� stated that he
does not believe the City is setting a precedent. He advised the Council to judge each
case upon its own merits and be consistent with regard to similar cases.
Councilmember Thune urged the Council to go ahead with Mr. Byrne's recommendation
as he feels the conditions are appropriate.
Councilmember Blakey moved the rules be suspended to consider the resolution
regarding the Cozy Cantina.
Roll Call Yeas - 7 Nays - 0
Councilmember Rettman stated that these conditions are being imposed because of the
specific nature of the situation. She indicated her support for these conditions only in
this case during the course of the appeal; not as a broad-based policy.
Councilmember Blakey moved approval of the substitute resolution.
Adopted Yeas - 6 Nays - 1(Guerin)
Councilmember Megard moved the meeting be adjoumed.
Adopted Yeas - 7 Nays - 0
ADJOURNED AT 5:00 P.M.
13
City Council Summary Minutes June 8, 1994
Da d Th n ncil President
ATTEST:
Mmutes approved by Council
Nan And on
Assistant Co cil Secretary � `
lt
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