Minutes 06-01-1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
JUNE 1, 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
MISCELLANEOUS
75. Recognition of a three-member delegation from Nagasaki, Japan.
Representatives from the city government of Nagasaki, St. Paul's Sister City in Japan,
greeted the Council and brought greetings from the President of their city. They
encouraged the Council to maintain the relationship that St. Paul has shared with
Nagasaki.
CONSENT AGENDA
9a. Letter from the Department of Planning and Economic Development setting date of
public hearing for June 8 to consider the request of Trillium Corporation for a
Combined Preliminary and Final Plat Review for property located at the southeast
corner of Case Avenue and Frank Street.
Nancy Anderson, Assistant Council Secretary, read this item into the record to be
considered as part of the consent agenda.
9b. Letter from the Department of Planning and Economic Development setting date of
public hearing for June 8 to consider the request of Jim Dey for a Registered L,and
Survey for property located at 1215 and 1227 Dale Street North.
Ms. Anderson read this item into the record to be considered as part of the consent
agenda.
Councilmember Harris requested that items 1, 3, and 27 be removed for discussion.
Councilmember Blakey requested that item 21 be removed for discussion.
Councilmember Rettman moved approval of the consent agenda as amended.
Roll Call Yeas - 7 Nays - 0
FOR ACTION
1. (discussed later in the meeting)
2. Claims of George Funari, Lonaine Heeter, David and Michelle Hill, Louis L. Indihar,
and Carolyn Monson.
Refened to the City Attomey's Office
3. (discussed later in the meeting)
City Council Summary Minutes June 1, 1994
4. Petition and Notice of Intent to Possess of the Housing and Redevelopment Authority of
the City of Saint Paul vs. Kue Xiong et al in the matter of the condemnation of certain
real property for the East Side Neighborhood Development Corporation Urban
Revitalization Program Action Program, Payne/Phalen.
Referred to the City Attorney's Office
5. Petition and Notice of Intent to Possess of the Housing and Redevelopment Authority of
the City of Saint Paul vs. Ernest D. Purfeerst et al in the matter of the condemnation of
certain real property for the East Side Neighborhood Development Corporation Urban
Revitalization Program Action Program, Payne/Phalen.
Referred to the City Attorney's Of�ce
6. Letter from the Office of License, Inspections and Environmental Protection setting date
of public hearing for June 8, 1994, 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.
7. Letter from the Department of Finance and Management Services setting date of public
hearing for June 29, 1994, in the petition of Macalester College for the vacation of part
of Princeton Avenue between Vemon Street and Macalester Street and part of the alley
in Block 7, Macalester Park, lying between Princeton Avenue and Lincoln Avenue.
8. Letter from the City Attomey announcing dates of public hearing for June 14 through
June 16 before an Administrative Law Judge pertaining to adverse action against licenses
held by Fred and Mary Ellen, Inc., dba Club Metro at 733 Pierce Butler Route.
9. Letters from the Saint Paul Public Health declaring 246 Rose Avenue and 682 East 4th
Street as "nuisance property". (For noti�cation purpose only; public hearing will be
scheduled at a later date if necessary)
9a. (discussed earlier in the meeting)
9b. (discussed earlier in the meeting)
10. 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. (To be
laid over to June 8 for adoption)
Laid over to June 8
11. Resolution - 94-718 - Approving application for the renewal of Off Sale Liquor and
2
City Council Summary Minutes June 1, 1994
Original Container License (ID #13653) by JMS Investment, Inc. dba Lex Liquor Banel
at 451 N. Lexington Parkway. (To be laid over to June 8 for adoption)
Laid over to June 8
12. Resolution - 94-719 - Approving application for the renewal of On Sale Liquor and
Supporting Licenses (ID #16320-58841) by: W A Frost and Company, 374 Selby Avenue;
and Hafner's, 1560 North White Bear Avenue. (To be laid over to June 8 for adoption)
Laid over to June 8
13. 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 Paxking, 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
Street, St. Paul Indoor Tennis Club, 600 DeSoto Street; Roy's Phillip 66, 305 Maria
Avenue; and Midway Express, 1169 W. University Avenue. (To be laid over to June 8
for adoption)
Laid over to June 8
14. 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 lOth Street East; St. Paul Police Pistol Club, 100 lOth 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 Avenue West; Minnesota Choppers, 395 Burgess Street; Phalen
Park Auto Service, 1335 Prosperity Avenue; Neighborhood House Association/Herges,
435 University Avenue East; Auto Max, 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 Larpenteur
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; International Traveling League-MN Little
Gophers/Triviski's, 173 Robert Street South; Concord Texaco, Inc., 205 Concord Street;
Neighborhood House A.ssociation/Willards, 738 Thomas Avenue; Hillcrest Certicare
Repair Center, 1581 White Bear Avenue North; and Union Gospel Mission, 435
University Avenue East. (To be laid over to June 8 for adoption)
Laid over to June 8
3
City Council Summary Minutes June 1, 1994
15. 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. (To be laid over to June 8 for adoption)
Laid over to June 8
16. Preliminary Order - 94-723 - In the matter of sidewalk reconstruction on both sides of
Armstrong Avenue from South Milton Street to South Chatsworth Street, and setting
date of public hearing for July 6, 1994. (File #S9430)
Adopted Yeas - 7 Nays - 0
17. Preliminary Order - 94-724 - In the matter of sidewalk reconstruction on both sides of
Armstrong Avenue from View Street to South Victoria Street, and setting date of public
hearing for July 6, 1994. (File #S9431)
Adopted Yeas - 7 Nays - 0
18. Preliminary Order - 94-725 - In the matter of sidewalk reconstruction on the east side of
South Lexington Parkway from Ayd Mill Road to Jefferson Avenue, and setting date of
public hearing for July 6, 1994. (File #S9432)
Adopted Yeas - 7 Nays - 0
19. Preliminary Order - 94-726 - In the matter of sidewalk reconstruction on the north side
of Otto Avenue from South Milton Street to South Chatsworth Street and the south side
of Otto Avenue from West Seventh Street to South Chatsworth Street, and setting date
of public hearing for July 6, 1994. (File #S9441)
Adopted Yeas - 7 Nays - 0
20. Resolution - 94-727 - Approving the appointment by the Mayor of Joseph Reid as
Budget Director.
Adopted Yeas - 7 Nays - 0
21. (discussed later in the meeting)
22. Resolution - 94-729 - Changing the rate of pay for the Zoo Director class in Grade 26,
Section I C 4, to Grade 23, Section I C 4 of the Professional Employees Supervisory
Standard Ranges in the Sa1ary Plan and Rates of Compensation Resolution.
Adopted Yeas - 7 Nays - 0
23. Resolution - 94-730 - Amending Rule 14 of the Council Rules of Procedure increasing
the number of affirmative votes required to send a proposed resolution or ordinance to
committee from two (2) to three (3).
4
City Council Summary Minutes June 1, 1994
Adopted Yeas - 7 Nays - 0
24. Resolution - 94-731 - Approving the appointment of outside counsel to represent the City
of Saint Paul in a workers' compensation claim.
Adopted Yeas - 7 Nays - 0
25. Resolution - 94-732 - Rescinding C.F. 87-247 adopted on February 26, 1987 pertaining to
investments in companies doing business in South Africa.
Adopted Yeas - 7 Nays - 0
26. Resolution - 94-733 - Approving Memorandum of Understanding with the Minnesota
Housing Finance Agency and to proceed with the implementation of the Lead Reduction
Research Grant.
Adopted Yeas - 7 Nays - 0
27. (discussed later in the meeting)
28. Resolution - 94-735 - Authorizing William Finney, Chief of Police, to enter into
cooperative agreements with the State of Minnesota and approving Resolutions
Authorizing Execution of Agreement with the Office of Drug Policy in the Minnesota
Department of Public Safety for the projects entitled Graffiti, Inc., Municipal C�rfew
Enforcement, and Community Oriented Police Substations.
Adopted Yeas - 7 Nays - 0
29. Resolution - 94-736 - Approving a project scope/implementation schedule and
authorizing proper City officials to enter into an agreement by and between the City,
North End Area Revitalization, Inc. (N.E.A.R.), and/or the District #6 Community
Council for the implementation of the North End Housing Initiative Project.
Adopted Yeas - 7 Nays - 0
30. Resolution - 94-737 - Accepting a grant from the Minnesota Department of Natural
Resources and amending the 1994 budget by adding $6,100 to the Financing and
Spending Plans in the Department of Community Services, Division of Parks and
Recreation/Minnaqua Program Grant.
Adopted Yeas - 7 Nays - 0
31. Resolution - 94-738 - Accepting a grant from the Minnesota Department of Natural
Resources and amending the 1994 budget by adding $4,000 to the Financing and
Spending Plans in the Department of Community Services, Division of Parks and
Recreation/Horton Park Activities.
Adopted Yeas - 7 Nays - 0
32. Resolution - 94-739 - Amending the 1994 budget in the Department of Planning and
Economic Development by accepting funds from Northern States Power and disbursing
5
City Council Summary Minutes June 1, 1994
said funds to install energy conservation measures in City facilities.
Adopted Yeas - 7 Nays - 0
33. Resolution - 94-740 - Amending the 1994 Community Development Block Grant
Program budget by providing funding for the 1994 Capital City Youth Employment
Program (CCYEP).
Adopted Yeas - 7 Nays - 0
1. Approval of minutes of April 13, 1994 City Council meeting.
Councilmember Harris indicated that the minutes were incomplete and needed some
revision. Councilmember Harris moved the item be laid over to June 8.
Roll Call Yeas - 7 Nays - 0
3. Summons and Complaint in the matter of the St. Paul Firefighters Local 21 vs. the City
of Saint Paul et al.
In response to a question from Councilmember Harris, Timothy Manc, City Attorney,
indicated that this type of lawsuit consumes a large amount of staff time.
Councilmember Harris stated that he wanted to bring this type of case to the attention
of the Council so that budget funds can be allocated to represent and track these costs.
Councilmember Harris indicated that he would also like to have the number of lawsuits
tracked.
Councilmember Rettman indicated that the Finance and Budget Committee is currently
considering these options.
Referred to the City Attorney's Office
21. Resolution - 94-728 - Approving and ratifying the 1993-1996 Agreement between the
Independent School District No. 625 and the United Association of Pipefitters, Loca1
Union No. 455, and the July 1993 - June 1995 Agreement with District Lodge No. 77,
Intemational Association of Machinists and Aerospace Workers, AFL-CIO. (To be laid
over to June 8 for adoption)
In response to a question from Councilmember Harris, Joseph Kelley of Labor Relations
indicated that the resolution allows the school employees to have their negotiated
contract supersede civil service provisions.
Councilmember Blakey moved the resolution be laid over to June 8.
Roll Call Yeas - 7 Nays - 0
27. Resolution - 94-734 - Authorizing proper City officials to enter into a five-year lease
agreement with the Saint Paul Saints Baseball Club, Inc. and the Municipal Stadium.
In response to questions from Councilmember Harris, Robert Piram, Superintendent of
Parks and Recreation, indicated that the box seats described in the contract could be
added at a later date at the option of the Saints Baseball Club. This was a provision
that was previously negotiated and would require further talks to re-negotiate. Mr.
Piram clarified that the box seats would require the conversion of e�usting seats, not
additional seating.
6
City Council Summary Minutes June 1, 1994
Councilmember Rettman moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
34. Resolution - 94-43 - Approving cancellation of various uncollectible registered bills in the
amount of $115,523.26. (Laid over from May 4)
Councilmember Rettman indicated that there was no recommendation from the Finance
and Budget Committee, but she supports the resolution and moved its approval.
Councilmember Megard indicated her favor of the resolution, but stated that a change in
policy is necessary to prevent similar situations from happening in the future.
Councilmembers Blakey and Harris stated that they cannot support cancelling the bills
until a policy is in place to handle this type of situation in the future.
Councilmember Rettman stated that the Council needs to put time in on the policy, but
since the bills are uncollectible, they should be cancelled.
Pam Wheelock, Deputy Mayor, indicated that these items have been held over for
several months and should be dealt with. She agreed that a policy for the future needs
to be developed and she noted that there are no other outstanding, uncollectible bills at
this time. Ms. Wheelock indicated that the bills could be cancelled because the services
provided were within the scope of the mission of the city in providing public services.
She indicated that if the Council does not approve the cancellation, the administration
will refer the bills to a collection agency to begin action against those entities that still
exist.
Councilmember Guerin presented an amendment that would take items 16132 and 23472
out of consideration.
Roll call Yeas - 1(Guerin) Nays - 6
Roll call on the previous motion by Councilmember Rettman.
Adopted Yeas - 4 Nays - 3(Blakey, Guerin, Hams)
Suspension Item
Councilmember Rettman moved suspension of the rules to consider an ordinance
relating to the collection of registered bills.
Roll Call Yeas - 7 Nays - 0
First Reading - 94-774 - An ordinance amending the Administrative Code by adding a
provision relating to the collection of registered bills by the City of St. Paul.
Councilmember Rettman moved the ordinance be referred to the Finance and Budget
Committee.
Roll Call Yeas - 7 Nays - 0
35. Resolution - 94-741 - Amending the 1994 budget by adding $446,648 to the Financing
and Spending Plans in the Department of Public Works for the lease purchase of a
bridge inspection vehicle.
7
City Council Summary Minutes June 1, 1994
Councilmember Rettman indicated that the vehicle should pay for itself by being leased
to other entities and moved approval of the resolution.
Milt Luttrell, Bridge Maintenance Supervisor, indicated that many cities own and lease
out these types of vehicles. He informed the Council that the vehicle would be leased to
other cities and counties to pay for its purchase.
Councilmember Harris indicated that there is $78,000 in revenue expected per year for
leasing of the vehicle. He indicated a desire to have the amount of revenue generated
reviewed by the Council on an annual basis.
Roll ca11 on the previous motion by Councilmember Rettman.
Adopted Yeas - 7 Nays - 0
36. Resolution - 94-742 - Authorizing Intemational 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 Hamet Island Park on Tuesday, July 12, 1994.
Councilmember Harris moved this item be laid over to June 8. �
Roll Call Yeas - 7 Nays - 0
37. Resolution - 94-743 - Establishing the rate of pay for License Manager in Grade 20,
Section I D 4 of the Professional Employees Supervisory Standard Ranges in the Salary
Plan and Rates of Compensation Resolution.
Councilmember Rettman moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
38. Resolution - 94-744 - Approving contract with Ramsey County for election services.
Ms. Wheelock indicated that this contract would a11ow the consolidation of election
services resulting in significant cost savings for the City. She indicated that it is crucial
for this item to be decided quickly as new City employees would have to be hired to
handle upcoming elections if the services are not contracted out. She indicated that
there are two employees in the department that cunently handles election services who
would either retire early or be hired by the county if the city's election services are
transfened to the county.
Jerry Serfling, AFSCME Business Representative, stated that the union is unwilling to
negotiate the status of these two employees until a current issue in the courts is settled.
Councilmember Guerin moved approval of the resolution.
Molly O'Rourke, City Clerk and Director of Information and Complaint, indicated that
St. Paul would be the first municipality to contract with Ramsey County.
Councilmember Harris proposed amending the contract to transfer the cost of election
services to the County if at some time in the future all County municipalities contract
with the County for election services.
Mr. Marx indicated that it is difficult to amend the contract to accommodate
Councilmember Harris's request.
Ms. Wheelock suggested adding a"resolve" to the resolution to accommodate the
amendment.
Mr. Marx suggested a resolve that would terminate the contract if all of the Ramsey
8
City Council Summary Minutes June l, 1994
County municipalities contracted with the County for election services. He indicated that
upon termination of the contract, new negotiations could be opened.
Roll call on the previous motion by Councilmember Guerin.
Adopted as amended Yeas - 7 Nays - 0 /
COMMITTEE REPORT �/�
39. Resolution - 94-407 - Amending the Civil Service Rules by striking in its entirety Section
S.G pertaining to Pensioners and relettering Section H. (City Operations Committee
recommends item be withdrawn)
Councilmember Rettman withdrew the resolution
40. Resolution - 94-531 - Instructing the Division of Parks and Recreation and the
Department of Public Works to develop policies and procedures to remove graffiti within
one week of the Department's noti�cation that property within their control has been
vandalized. (City Operations Committee recommends approval as amended)
Councilmember Harris moved approval of the resolution as amended.
Adopted as amended Yeas - 7 Nays - 0
ORDINANCES
41. Second 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.
Laid over to June 8 for Third Reading/Public Hearing
42. Second Reading - 94 - 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.
Laid over to June 8 for Third Reading/Public Hearing
43. Second Reading - 94-706 - An ordinance amending Chapter 366 of the Legislative Code
by 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.
Councilmember Rettman indicated that the Finance and Budget Committee would like
more time to clarify the language of the resolution.
Councilmember Rettman moved that the ordinance be laid over to June 29 for Third
Reading/Public Hearing.
Roll Call Yeas - 7 Nays - 0
44. First 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.
9
City Council Summary Minutes June 1, 1994
Laid over to June 8 for Second Reading
45. First 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 amendments to the City voters for approval.
Laid over to June 8 for Second Reading
PUBLIC HEARINGS
46. Resolution - 94-747 - Approving application for a new State Class B Gambling Premise
Permit by C�stic Fibrosis Foundation of Minnesota at the Trend Bar, 1537 West
University Avenue. (ID #B-00397)
No one appeared in opposition.
Councilmember Megard moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
47. Resolution - 94-748 - Approving application for a new Gambling Manager's License by
Joni G. Smith dba C�stic Fibrosis Foundation of Minnesota at the Trend Bar, 1537 West
University Avenue. (ID #26010)
No one appeared in opposition.
Councilmember Megard moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
(Councilmember Guerin left the meeting)
48. Resolution - 94-749 - Approving application for a new State Class B Gambling Premise
Permit by St. Paul Winter Camival Educational Fun Fair at Mr. Patom's Saloon, 995
West 7th Street. (ID #T-108)
No one appeared in opposition.
Councilmember Rettman indicated that the previous sponsor of the Winter Carnival
went bankrupt. She said that a new group, St. Paul Heritage and Festival Committee
(SPHFC), is now conducting the Winter Carnival activities. She indicated that the two
groups are separate and unrelated. Councilmember Rettman indicated that the SPHFC
would like to sponsor other events throughout the year, possibly Octoberfest or specific
cultural festivals. In response to a question from Councilmember Blakey,
Councilmember Rettman indicated that it has not been recommended at this time to
give the Downtown Council access to these funds.
Councilmember Rettman moved approval of the resolution.
Adopted Yeas - 6 Nays - 0(Councilmember Guerin not present for vote)
49. Resolution - 94-750 - Approving application for a new Gambling Manager's License by
Neill J. O'Neill dba St. Paul Winter Carnival Educational Fun Fair at Mr. Patom's
Saloon, 995 West 7th Street. (ID #70919)
No one appeared in opposition.
10
City Council Summary Minutes June 1, 1994
Councilmember Rettman moved approval of the resolution.
Adopted Yeas - 6 Nays - 0(Councilmember Guerin not present for vote)
(Councilmember Hams left the meeting)
50. Fina1 Order - 94-751 - In the matter of sidewalk reconstruction on both sides of Burgess
Street from Galtier Street to Farrington Street. (File #59415)
No one appeared in opposition.
Councilmember Rettman moved approval of the order.
Adopted Yeas - 5 Nays - 0
(Councilmembers Hams and Guerin not present for vote)
51. Fina1 Order - 94-752 - In the matter of sidewalk reconstruction on the west side of
Syndicate from Randolph Avenue to Juno Avenue. (File #S9416)
No one appeared in opposition.
Councilmember Blakey moved approval of the order.
Adopted Yeas - 5 Nays - 0
(Councilmembers Guerin and Harris not present for vote)
(Councilmembers Guerin and Hanis returned)
52. Fina1 Order - 94-753 - In the matter of new sidewalk construction and/or reconstruction
on both sides of Euclid Street from Wilson Avenue to Germain Street. (File #59417)
Thomas Keefe, Department of Public Works, indicated that the order is being brought
before the Council as a result of three complaints and at the request of a petition with 9
signers.
A citizen (not identified) residing at 1583 Euclid stated he feels the reconstruction is
unnecessary as his sidewalk is not cracked and only about 20 feet of the sidewalk is
raised about 1/2 an inch.
Ralph Wesley of 1595 Euclid also indicated that the sidewalk is raised a somewhat, but
he sees no cause for its replacement.
Mr. Keefe asked the Council to lay over the item to give him time to meet with the
homeowners and address their concerns.
Councilmember Guerin moved the item be laid over to June 15.
Roll Call Yeas - 7 Nays - 0
53. Final Order - 94-754 - In the matter of new sidewalk construction on the east side of N.
Howard Street from E. Third Street to Fremont Avenue. (File #S9418)
Lowell Bishop, representing the church at 520 North Howard, requested that the Council
order new curbs be constructed as part of the new sidewalk.
Councilmember Guerin indicated that the area will be able to be considered for new
curbs next year under the paving program.
Councilmember Guerin moved approval of the order.
Adopted Yeas - 7 Nays - 0
54. Final Order - 94-755 - In the matter of sidewalk reconstruction on both sides of
11
City Council Summary Minutes June 1, 1994
Farrington Street from Summit Avenue to Laurel Avenue. (File #59419)
No one appeared in opposition.
Councilmember Blakey moved approval of the order.
Adopted Yeas - 7 Nays - 0
55. Fina1 Order - 94-756 - In the matter of sidewalk reconstruction on both sides of
Mackubin Street from Summit Avenue to Portland Avenue. (File #59420)
No one appeared in opposition.
Councilmember Blakey moved approval of the order.
Adopted Yeas - 7 Nays - 0
56. Fina1 Order - 94-757 - In the matter of new sidewalk construction and/or reconstruction
on the west side of Bay Street from Tuscarora Avenue to Forster Street and the east side
of Bay Street from Tuscarora Avenue to Stewart Avenue. (File #59421)
No one appeared in opposition.
Councilmember Blakey moved this item be laid over to June 15.
Roll Call Yeas - 7 Nays - 0
57. Fina1 Order - 94-758 - In the matter of sidewalk reconstruction on both sides of Bayard
Avenue from Bay Street to Canton Street. (File #S9422)
No one appeared in opposition.
Councilmember Blakey moved this item be laid over to June 15.
Roll Call Yeas - 7 Nays - 0
58. Final Order - 94-759 - In the matter of sidewalk reconstruction on both sides of Lawton
Street from Summit Avenue to Grand Hill and the north side of Summit Court from
Lawton Street to 27 Summit Court. (File #59423)
No one appeared in opposition.
Councilmember Megard moved approval of the order.
Adopted Yeas - 7 Nays - 0
59. Fina1 Order - 94-760 - In the matter of sidewalk reconstruction on the east side of S.
Milton Street from Palace Avenue to approximately 127 feet north of Palace Avenue.
(File #S9424)
No one appeared in opposition.
Councilmember Megard moved approval of the order.
Adopted Yeas - 7 Nays - 0
60. Final Order - 94-761 - In the matter of sidewalk reconstruction on the north side of
Palace Avenue from Daly Street to South Osceola Avenue and the east side of South
Osceola Avenue from Palace Avenue to approximately 40 feet north of Palace Avenue.
(File #S9425)
No one appeared in opposition.
Councilmember Harris moved approval of the order.
12
City Council Summary Minutes June 1, 1994
Adopted Yeas - 7 Nays - 0
61. Final Order - 94-762 - In the matter of sidewalk reconstruction with integral curb on the
west side of West Seventh Street from Watson Avenue to Bay Street at 1112 West
Seventh Street. (File #59426)
No one appeared in opposition.
Councilmember Harris moved approval of the order.
Adopted Yeas - 7 Nays - 0
62. Fina1 Order - 94-763 - In the matter of sidewalk reconstruction on both sides of Watson
Avenue from Bay Street to West Seventh Street. (File #S9427)
No one appeared in opposition.
Councilmember Harris moved approval of the order.
Adopted Yeas - 7 Nays - 0
63. Resolution Ratifying Assessment - 94-764 - In the matter of sidewalk reconstruction on
the north side of Harrison Avenue from Douglas Street to Garfield Street and the south
side of Harrison Avenue from Douglas Street to South Westem Avenue. (File #59301)
No one appeared in opposition.
Councilmember Harris moved approval of the resolution.
Adopted Yeas - 7 Nays - 0 .
64. Resolution Ratifying A.ssessment - 94-765 - In the matter of sidewalk reconstruction on
the north side of Dayton Avenue from North Prior Avenue to Moore Street and the east
side of Moore Street from Dayton Avenue to Marshall Avenue. (File #59302)
No one appeared in opposition.
Councilmember Megard moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
65. Resolution Ratifying Assessment - 94-766 - In the matter of sidewalk reconstruction on
both sides of Conway Street from Mendota Street to Forest Street. (File #S9305)
No one appeared in opposition.
Councilmember Rettman moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
66. Resolution Ratifying Assessment - 94-767 - In the matter of sidewalk reconstruction on
both sides of West Nevada Avenue from North Grotto Street to approximately 255.65
feet west of North Grotto Street. (File #S9309)
No one appeared in opposition.
Councilmember Rettman moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
67. Resolution Ratifying Assessment - 94-768 - In the matter of eliminating curb cut at 171
Front Avenue located on the north side of Front Avenue from Albermarle Street to
13
City Council Summary Minutes June 1, 1994
Woodbridge Street. (File #S9310)
No one appeaxed in opposition.
Councilmember Rettman moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
68. Resolution Ratifying Assessment - 94-769 - In the matter of sidewalk reconstruction with
integral curb on the east side of North Dale Street from Portland Avenue to Holly
Avenue. (File #59311)
No one appeared in opposition.
Councilmember Blakey moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
69. Resolution Ratifying Assessment - 94-770 - In the matter of sidewalk reconstruction on
the north side of College Avenue from Old Kellogg Boulevard to West Kellogg
Boulevard. (File #S9313)
No one appeared in opposition.
Councilmember Blakey moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
70. Resolution Ratifying Assessment - 94-771 - In the matter of sidewalk reconstruction with
integral curb on the south side of East Tenth Street from Jackson Street to Sibley Street.
(File #S9314)
No one appeared in opposition.
Councilmember Blakey moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
71. Resolution - 94-772 - Authorizing the vacation of part of the alley in Block 26, C.
Weide's Subdivision bounded by Edgerton Street, Sims Avenue, York Avenue, and
Payne Avenue.
No one appeared in opposition.
Councilmember Grimm moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
72. Resolution - 94-773 - Concerning adverse action against licenses held by Wallace's
Westsider, Inc. dba Wallace's Westsider at 429 South Robert Street. (Uncontested)
Phil Byrne, representing the License Office, referred to documents showing that at least
two of the bar employees were selling controlled substances. Both employees were
charged with felonies. He indicated that the recommended two-week suspension could
be modified at the discretion of the Council. Mr. Byrne recommended the suspension
commence on Sunday, June 26.
Ron Mechura, owner, indicated that he has taken immediate action to remedy the
problem and asked the Council for leniency.
Chris Bowlander, 241 West Winifred Street, Chair of the Building and Land Use
Committee for West Side Citizens Organization (District Council #3), indicated that the
14
City Council Summary Minutes June 1, 1994
committee supported the two-week suspension recommendation as this was a serious,
drug-related crime.
Councilmember Blakey asked the license holder, Ronald Mechura, if he conducts
background checks on his employees. Mr. Mechura indicated that he has been advised
to do so in the future.
Councilmember Rettman moved that the public hearing be closed.
Roll Ca11 Yeas - 7 Nays - 0
Councilmember Thune recommended reducing the period of the suspension to one week
since the owner did not authorize the sale of illegal drugs.
Councilmember Blakey agreed to reduce the suspension to one week if there was no
prior knowledge of the criminal activity on the part of the owner.
At the request of Councilmember Harris, Mr. Byrne clarified the fact that the two week
suspension is a downward departure from the matrix which would normally ca11 for
revocation of the owner's license for the first offense.
Councilmember Rettman moved for a penalty of 14 days suspension to commence on
June 26, 1994 with 7 days stayed for 18 months if the owner agrees to do background
checks on employees and implements a rigid training program. Additionally, if there are
any illegal activities on the premises within the next 18 months, the additional one week
of the suspension will be served in addition to any other penalties imposed at that time.
Councilmember Rettman would also like to see a stipulation added to the license at the
time of renewal that regulates activity in the parking lot of the business.
Roll Ca11 Yeas - 5 Nays - 2(Harris, Megard)
Councilmember Rettman moved this item be laid over to June 8 for introduction and
adoption of a substitute resolution.
Roll Call Yeas - 7 Nays - 0
73. Public hearing to consider the appeal of Melvin and Barbara Sinn of a Summary
Abatement Order for property located at 858 Payne Avenue. (Legislative Hearing
Officer recommends proceeding with abatement)
No one appeared in opposition.
Councilmember Grimm moved to accept the recommendation of the Hearing Officer to
proceed with the abatement.
Motion of Intent Adopted Yeas - 7 Nays - 0
74. Public hearing to consider the appeal of Robert G. Stafford of a Summary Abatement
Order for property located at 1447 Albany Avenue. (Legislative Hearing Of�cer
recommends proceeding with abatement)
Councilmember Rettman moved to accept the recommendation of the Hearing Officer
to proceed with the abatement.
Motion of Intent Adopted Yeas - 7 Nays - 0
Suspension Items
Resolution - 94-775 - Approving application (ID #18681) for a Wine On Sa1e, Malt On
15
City Council Summary Minutes June 1, 1994
Sa1e and Restaurant B Licenses applied for by Cafe da Vinci, Inc. dba Cafe da Vinci
located at 400 Sibley Street.
Councilmember Rettman moved suspension of the rules and approval of the resolution.
Adopted Yeas - 7 Nays - 0
Resolution - 94-776 - Amending the 1994 budget in the Department of Planning and
Economic Development by adding $25,000 to the Financing and Spending Plans for the
League of Minnesota Cities Conference to be held June 7- 10, 1994.
Councilmember Rettman moved suspension of the rules to consider the resolution.
Roll Call Yeas - 7 Nays - 0
Councilmember Rettman explained that the account is designed to allow money raised
by area businesses to be spent for this event. It is merely a holding account and involves
no expense on the part of the city.
Councilmember Rettman moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
Councilmember Blakey moved the meeting be adjoumed.
Roll Call Yeas - 7 Nays - 0
ADJ UR D 5:15 P.M.
, �
David Thune, Co il President
ATTEST:
Minutes approved by Council
Nancy Ande
Assistant Council Secretary r
lt
16