Minutes 05-11-1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
WEDNESDAY, MAY 11, 1994
3:30 P.M. - CITY COiTNCIL CHAIV�BERS - Third Floor
City Hall & Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:35 p.m. by Council President Thune
Members Present - 5- Councilmembers Blakey, Guerin, Harris, Megard, Thune
Members Absent - 2- Councilmembers Grimm and Rettman (both Members arrived shortly
after the roll call)
CONSENT AGENDA
(Councilmember Grimm arrived at this time.)
Councilmember Grimm requested Item 17 be removed for discussion.
Councilmember Harris requested Item 33 be removed for discussion.
Councilmember Megard requested Item 37 be removed for discussion.
Councilmember Blakey moved approval of the Consent Agenda as amended.
Roll Call Yeas - 6 Nays - 0
(Councilmember Rettman arrived at this time)
FOR ACTION
1. Approval of minutes of the March 16, 1994 Board of Health meeting, and April 27, 1994
City Council Closed Door Session.
Adopted Yeas - 7 Nays - 0
2. Claims of Robert J. Couser, Judy Larson, Edward J. Snyder, and Kristine and Mark Vesley.
Referred to City Attorney's Office.
3. Summons and Complaint in the matter of Creighton Pendarvis vs the City of St. Paul.
Referred to City Attorney's Office.
4. Summons and Complaint in the matter of Chong Koua Cheng vs the City of St. Paul, et al.
Referred to City Attorney's Office.
5. Summons and Complaint in the matter of Mee Cheng, et al, vs the City of St. Paul, et al.
Referred to City Attorney's Office.
6. Summons and Complaint in the matter of PaZoua Cheng, et al, vs the City of St. Paul, et al.
Referred to City Attorney's Office.
7. Administrative Orders:
D00112 Authorizing amount not to exceed $500 for the St. Paul Police Department to
sponsor a memorial service and reception on May 18, 1994, to honor of�cers
who have given their lives in the line of duty.
May 11, 1994
D00113 Amending 1994 budget in Human Resources-Administration for the purchase of
Minolta 3170 copy machine.
D00114 Addition of $11,723 to the contract for the East Side Community Center.
8. Notice of Hearing before the Minnesota Transportation Regulation Board requesting public
funds for railroad crossing signals at various locations. (To be referred to the Department
of Public Works)
Referred to Department of Public Works
9. Letter from Ramsey County Property Records and Revenue transmitting Abatement
Applications #AM94-2137 (243 Bates Avenue); #AT94-2334 (77 E. 9th Street); #AM94-
2175 (St. Paul Downtown Airport); #AA94-2338 (Galtier Plaza); #AY94-2174 (Kellogg
Boulevard); #AC94-2287 (411 Main Street) for reduction of assessed valuation of real
estate. (Real Estate Division recommends approval).
10. Letters from Saint Paul Public Health declaring 693 Front Avenue, 473 Sherburne Avenue,
and 867 Woodbridge Street as "nuisance property". (For notification purposes only; public
hearings will be scheduled at a later date if necessary.)
11. Letter from Sharon and Jim Anderson pertaining to criminal, covert, prior restraint by Judge
Bertand Poritsky.
12. Resolution - 94-553 - Approving renewal of various Class III and Supporting Licenses (ID
# 10473-96596) by: Brooks Superette # 16, 1200 Rice Street; Superamerica #4420, 1125 7th
St. W.; Superamerica Group Inc. #4359, 950 Lexington Pkwy. N.; Municipal Stadium, 1771
Energy Park Drive; Superamerica #4421, 970 University Ave. W.; Highland 9 Hole Golf
Course, 1797 Edgcumbe Road; Adam's Foods, 800 3rd St. E.; Superamerica #4039, 1146
Payne Ave.; Superamerica #4032, 1734 7th St. W.; Superamerica #4038, 390 Maryland Ave.
E.; Superamerica #4040, 1771 Old Hudson Rd.; Applebaums, 365 Wabasha St. N.;
Superamerica #4020, 399 Lexington Pkwy N.; Superamerica #4023, 577 Smith Ave. S.;
Superamerica #4001, 296 7th St. E.; Curts & Son Radiator Repair, 698 University Ave. W.;
Korner Store, 53 Cleveland Ave. S.; Feronia Dairy, 1828 Feronia Ave.; Mounds Park Quick
Stop, 243 Point Douglas Road; American & Asian Grocery, 33 George St. E.; Midway
Motel, Inc., 901 Snelling Ave. N.; Alter Trading Corporation, 801 Barge Channel Road;
Gregg's Auto Body, 581 7th St. E.; General Tire & Rubber Co., 395 7th St. E.; RCH Inc.,
1205 Homer St.; Burr St. Grocery, 962 Burr St.; Car-X Muffler Shop, 861 University Ave.
W.; Superamerica Group Inc. #4358, 756 Snelling Ave. N.; Phillip's 66, 717 Snelling Ave.
N.; Day By Day Cafe, 477 7th St. W.; Sylvan Booster Club/Kuby's Place, 1141 Rice St.;
Goodyear Tire & Rubber Co., 109 9th St. E.; Forest Inn, 850 Forest St.; Smith Avenue E-Z
Stop, 778 Smith Ave. S.; Family Inn, 561 Edmund Ave.; Bee Hive Bar, 937 3rd St. E.;
Superamerica #4151, 1580 Ford Pkwy,; Superamerica #4419, 925 Grand Ave.; West 7th
Street Amoco, 2526 7th St. W.; Don's Gun Finishing, 1821 University Ave. W.; A-1 Used
C�cle Parts, 106 Arlington Ave. E.; Koutek Garage, 985 Randolph Ave.; Heu Vang Auto
Body Repair, 933 Atlantic St.; Ginkgo Coffee House, Inc., 721 Snelling Ave. N.;
Superamerica #4409, 957 Rice St.; Superamerica #4428, 232 Fairview Ave. S; Superamerica
2
May 11, 1994
#4425, 275 McKnight Road S.; Phalen Park Golf Course, 1615 Phalen Drive; Mini Pac,
1184 Maryland Ave. E.; Superamerica #4356, 56 Snelling Ave. N.; Highland 18 Hole Golf
Course, 1403 Montreal Ave.; George's 66, 902 Arcade St.; 7th Street Market, 1658 7th St.
E.; Superamerica #4413, 2051 Grand Ave.; Rode's Hazel Park Mobil, 880 White Bear Ave.
N.; Jimmy's Food Market, 532 White Bear Ave. N.; Matthew J. Garofalo, 245 Goodrich
Ave.; Superamerica #4430, 846 Johnson Pkwy.; Rice Street Spur, 1440 Rice St.; King's
Market, 921 Selby Ave.; Adam's Food, 361 Earl St.; Como Golf Course Clubhouse, 1431
Lexington Pkwy. N.; Court International Building, 2550 University Ave. W., #210N; HCO
Self Serve # 11, 719 Payne Ave. (Laid over from May 4 for adoption)
Adopted Yeas - 7 Nays - 0
13. Resolution - 94-554 - Approving renewal of various Class III and Supporting Licenses (ID
#14473-99361) by: Allright Parking, 221 7th St. West; AM Business Women's/La.dy Slipper
Chapter/Buddy's, 755 Jackson St.; Clark Station, 400 Dale St. N.; Clark Oil & Refining
Corp, 637 Rice St.; Allright Parking Mn Inc., 221 7th St. E.; Harriet Island Parking Lot,
Harriet Island; Target, 1300 University Ave. W.; Phnom Penh Bangkok Market, 315
University Ave. W.; Sokol Minnesota, 383 Michigan St.; R C Dick's Foods, 30 Fairview Ave.
S.; Olson's Randolph Service Station, 914 Randolph Ave.; Northwestern Tire Co.; Target
Store #T68, 1744 Suburban Ave.; Tom Thumb Market # 118, 626 Larpenteur Ave. W.; Tom
Thumb Market # 112, 1546 Como Ave.; Tom Thumb Market # 153, 1275 St. Clair Ave.;
Tom Thumb Market # 175, 1190 Randolph Ave.; Fred's Tire Company, 519 University Ave.
W.; Davanni's Pizza & Hot Hoagies, 41 Cleveland Ave. S.; Total, 568 Maryland Ave. W.;
Bonfes Auto Service, Inc. 380 7th St. W.; Rice & Larpenteur 66, 1675 Rice St.; Allright
Parking MN Inc., 55 4th St. E.; Allright Parking MN Inc. 240 4th St. E.; Allright Parking
MN Inc., 237 4th St. E.; Sunray Amoco, 344 Ruth St. N.; Midway Hyundai Inc., 1190
University Ave. W.; Snelling I-94 Unocal, 326 Snelling Ave. N.; Arie's Standard Service,
1071 Cleveland Ave. S.; Allright Parking MN Inc., 182 7th St. E.; East Side Service, 1390 3rd
St. E.; Junior Achievement Ramp, 468 Robert St. N.; Farmers Market, 290 Sth St. E.; Sun
Star Service, 201 Snelling Ave. N.; Allright Parking MN Inc., 472 Robert St. N.; Allright
Parking MN Inc., 146 Kellogg Blvd. W.; Kelly Inn, 161 St. Anthony Ave.; Allright Parking
MN Inc., 176 lOth St. E.; Allright Parking MN Inc., 194 9th St. E.; Eastern Heights Service,
1770 Old Hudson Road; Vogel's Lounge, 1112 Arcade St.; Keefe Co., 477-83 Wabasha St.
N.; Como Raymond Standard, 2102 Como Ave.; Jubilee Foods, 121 Maryland Ave. W.;
Allright Parking, 147 Kellogg Blvd. W.; Xieng Khouang Auto Sales & Repair, 900 University
Ave. W.; Allright Parking MN Inc., 390 Kellogg Blvd. E.; Allright Parking MN Inc., 555
Wabasha St. N.; Tracy 1 Stop Auto Mart, 1345 Marshall Ave. #4218; Bailey's Market, 1055
4th St. E. (Laid over from May 4 for adoption)
Adopted Yeas - 7 Nays - 0
14. Resolution - 94-555 - Approving renewal of various Class III and Supporting Licenses (ID
#16091-99716) by: St. Paul Yacht Club, 100 Yacht Club Road; Denny's Radiator Shop, 782
Rice St.; Harriet Island, Harriet Island; Clark Oil & Re�ning Corp., 1060 Grand Ave.;
Church of St. Bernard/Tin C�ps, 1220 Rice St.; Bernie's Auto Repair, 809 7th St. E.;
Church of St. Bernard/Lentsch's, 1091 Rice St.; Minnesota/USA Wrestling Inc./Judy, 258
7th St. W.; K's Mudek Trucking, 607 Barge Channel Road; Light C'ycle Inc., 1222 University
3
May 11, 1994
Ave. W.; MN/USA Wrestling/Champps, 2431 7th St. W.; Civic Center Auto Service, 459
Toronto St.; Super C�cle Inc., 755 Rice St. (Laid over from May 4 for adoption)
Adopted Yeas - 7 Nays - 0
15. Resolution - 94-556 - Approving renewal of various On Sale Liquor and Supporting Licenses
(ID # 14348-91210) by: The University Club of St. Paul, 420 Summit Ave.; Mancini's Char
House, 531 7th St. W.; Cozy Cantina, 202 Concord St.; Town & Country Club, 300
Mississippi River Blvd. N.; Gabe's By The Park, 991 Lexington Pkwy. N.; O'Gara Bar &
Grill, 164 Snelling Ave. N.; River Room & Iron Horse, 411 Cedar St.; Herge's Bar, 981
University Ave. W.; Rumours, 490 Robert St. N.; Holiday Inn East, 2201 Burns Ave. (Laid
over from May 4 for adoption)
Adopted Yeas - 7 Nays - 0
16. Resolution - 94-557 - Approving renewal of various On Sale Liquor and Supporting Licenses
(ID # 14148-94963) by: New Frontier Saloon, 230 Front Ave.; ACE Box Bar, 2162 University
Ave. W.; The Lamplighter Lounge, 160 Larpenteur Ave. W.; The Stahl House, 586 Rice St.;
Louie's Bar, 883 Payne Ave.; Ryan's, 201 4th St. E.; T J Bell's, 1201 Jackson St.; The
Woodshed, 572 Dale St. N.; Hot Rods Bar & Grill, 1553 University Ave. W.; Grand 7
Saloon, 315 7th St. W.; Jeraldine's, 605 Front Ave.; Top Hat Lounge, 134 Sth St. E.; Mitch's,
1305 7th St. W.; Midway Lodge, 1964 University Ave. W.; Brown Derby Lounge, 567 Stryker
Ave.; Joseph's, 537 State St.; Prom Management Group Inc., 190 Smith Ave. N.; Fitti's, 828
7th St. E. (Laid over from May 4 for adoption)
Adopted Yeas - 7 Nays - 0
17. (Discussed later in the meeting)
18. Resolution - 94-603 - Finalizing Council action taken on May 4, 1994, pertaining to adverse
action against licenses held by Herbert L. Howe dba Cozy Cantina, 202 Concord Street.
Adopted Yeas - 7 Nays - 0
19. Preliminary Order - 94-604 - In the matter of sidewalk reconstruction on the east side of
North Dale Street from Selby Avenue to Dayton Avenue, and setting date of public hearing
for June 29, 1994 (File #59454).
Adopted Yeas - 7 Nays - 0
20. Preliminary Order - 94-605 - In the matter of sidewalk reconstruction on both sides of
Dayton Avenue from Kent Street to North Dale Street, and setting date of public hearing
for June 29, 1994 (File #S9456).
Adopted Yeas - 7 Nays - 0
21. Preliminary Order - 94-606 - In the matter of sidewalk reconstruction on both sides of
Dayton Avenue from North Dale Street to North St. Albans Street, and setting date of
public hearing for June 29, 1994 (File #S9455).
Adopted Yeas - 7 Nays - 0
4
May 11, 1994
22. Preliminary Order - 94-607 - In the matter of sidewalk reconstruction on both sides of
Dayton Avenue from North St. Albans to North Grotto Street, and setting date of public
hearing for June 29, 1994 (File #S9457).
Adopted Yeas - 7 Nays - 0
23. Preliminary Order - 94-608 - 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 approximately 100 feet south of Hague
Avenue, and setting date of public hearing for June 29, 1994 (File #S9458).
Adopted Yeas - 7 Nays - 0
24. Preliminary Order - 94-609 - In the matter of sidewalk reconstruction on the east side of
Kent Street from Summit Avenue to Portland Avenue, and setting date of public hearing for
June 29, 1994 (File #59459).
Adopted Yeas - 7 Nays - 0
25. Preliminary Order - 94-610 - 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, and
setting date of public hearing for June 29, 1994 (File #S9460).
Adopted Yeas - 7 Nays - 0
26. Preliminary Order - 94-611 - In the matter of sidewalk reconstruction on the east side of
North Chatsworth Street from Hatch Avenue to Orchard Avenue at 1034 North Chatsworth
Street only and the west side of North Chatsworth Street from Hatch Avenue to
approtcimately 150 feet north of Orchard Avenue at 989 Orchard Avenue only, and setting
date of public hearing for July 6, 1994 (File #59462).
Adopted Yeas - 7 Nays - 0
27. Preliminary Order - 94-612 - In the matter of sidewalk reconstruction on both sides of
Argyle Street from West Jessamine Avenue to Como Avenue, the south side of Como
Avenue from Argyle Street to approximately 130 feet west of Argyle Street, the south side of
Como Avenue from North Chatsworth Street to Argyle Street, and the west side of North
Chatsworth Street from West Jessamine Avenue to Como Avenue, and setting date of public
hearing for July 6, 1994 (File #59461).
Adopted Yeas - 7 Nays - 0
28. Preliminary Order - 94-613 - In the matter of sidewalk reconstruction on the west side of
Galtier Street from Burgess Street to approximately 125 feet north of Burgess Street, and
setting date of public hearing for July 6, 1994 (File #59463).
Adopted Yeas - 7 Nays - 0
5
May i l, 1994
29. Resolution Approving Assessment - 94-614 - In the matter of installing Fire Protection
System for 1080 Limited Partnership, and setting date of public hearing for May 18, 1994
(File #FP-94-01)
Adopted Yeas - 7 Nays - 0
30. Resolution - 94-615 - Amending the 1994 budget by adding $25,000 to the Financing and
Spending Plans in the Department of Human Rights reflecting receipt of grant received
from the Otto Bremer Foundation.
Adopted Yeas - 7 Nays - 0
31. Resolution - 94-616 - Amending the 1994 budget by adding $160,000 to the Financing and
Spending Plans in Public Health to accept Federal funds for a prenatal care and
immunization outreach initiative.
Adopted Yeas - 7 Nays - 0
32. Resolution - 94-617 - Amending the 1994 budget by adding $149,586 to the Financing and
Spending Plans in Public Health for two grants received from State and Federal sources for
immunizations and tuberculosis control.
Adopted Yeas - 7 Nays - 0
33. (Discussed later in the meeting)
34. Resolution - 94-619 - Authorizing payment in the amount of $10,000 to Avanell Koenig from
the Tort Liability Fund in full settlement of her claim.
Adopted Yeas - 7 Nays - 0
35. Resolution - 94-620 - Authorizing payment in the amount of $32,500 to Christine L.
Williams from the Tort Liability Fund in full settlement of her claim.
Adopted Yeas - 7 Nays - 0
36. Resolution - 94-621 - Authorizing proper City Officials to execute an agreement with
Ramsey County providing for the sale of asphalt by the City to the County subject to terms
and conditions set forth in said agreement.
Adopted Yeas - 7 Nays - 0
37. (Discussed later in the meetin)
38. Resolution - 94-623 - Amending C.F. 20030 adopted January 9, 1918 by waiving and
releasing the retained utility easements in vacated property described at the east �fteen feet
and the west fifteen feet of Alcove Street from Lake Como and Phalen Avenue (now
Arlington Avenue) to Cottage Street.
Adopted Yeas - 7 Nays - 0
6
May 11, 1994
17. Resolution - 94-602 - Approving renewal of an On Sale Liquor-C, Sunday On Sale Liquor,
Entertainment-III, Gambling Location-C and Restaurant-C License, with conditions, (ID#
25875) by C. L. Hinze Inc. dba Chuck's Bar, 901 Payne Avenue. (To be laid over one week
for adoption)
Councilmember Grimm moved to lay over to May 18.
Roll Call Yeas - 7 Nays - 0
33. Resolution - 94-618 - Amending the 1994 budget by adding $139,253 to the Financing and
Spending Plans in Public Health WIC (Supplemental Food Program).
Councilmember Harris noted that five classified positions would be added for a four-year
grant and he questioned the need for hiring classified employees.
Councilmember Rettman responded that with both Items 32 and 33, these positions would
terminate when the grant is completed. Language to this effect has been added in the past
for grants of this type.
City Attorney Tim Marx said he was unsure how this would work with the civil service rules
and suggested it be laid over one week in order to obtain more information.
Councilmember Harris moved to lay over to May 18.
Roll Call Yeas - 7 Nays - 0
37. Resolution - 94-622- - Supporting implementation of the Modified Duty Worker Program
developed by staff and endorsed by the Executive L,abor Management Committee to
facilitate the return to work of injured employees.
Councilmember Megard questioned whether or not the employee has the option of selecting
where they will go or whether they will be under this program.
Terry Haltiner, Risk Management, responded that basically these pertain to workers' comp
cases and under the workers' comp law, there is an obligation to bring people back to work.
The Civil Service system often makes it more dif�cult to bring people back because they
can't return to their original job. Risk Management would be working with the employees
along with a qualified rehabilitation consultant to get people in a position within their
restrictions. If a person declined to return to work, they could be removed from workers'
comp. Presently there are about eight employees who may fit into this.
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
39. Resolution - 94-594 - Approving waiver of 60% consent requirement for a block
party/special event permit for Grand Old Day 1994 on June 5, 1994 between the hours of
8:00 a.m. and 6:00 p.m. (Laid over from May 4)
Council President Thune noted that if this Resolution is adopted at this time it would still
be subject to whatever action is taken on the proposed ordinances pertaining to
community festivals.
7
May 11, 1994
Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
40. Resolution - 94-540 - Approving issuance of ten taxicab licenses by the Office of License,
Inspections & Environmental Protection (LIEP) to Airport Taxi (3), Suburban Taxi (5),
Gholam Shahrokhi (1), and Gedion Adedo (1). (City Operations Committee referred to
the full Council without recommendation. An opinion was requested from the City
Attorney's Office for review by the Council on April 27) (Laid over from April 27)
Robert Kessler, Director of the LIEP Office, told the Council that the recommendations
before them are the same recommendations discussed previously both in Committee and
. before the Council. Kessler explained that they are dealing with the application of
subjective criteria to award ten (10) licenses out of forty applications.
Councilmember Harris said that this issue was reviewed in the City Operations Committee.
St. Paul is beginning to look at what the City of Minneapolis is doing because presently
St. Paul and Minneapolis are the only two municipalities with caps on licenses. He said
they would like to develop a metro-wide policy so some of the pitfalls of regulating a
business can be eliminated. The process is flawed, Harris said, but this is what's in the
Legislative Code. He suggesting moving forward but suggested that the Council should
look at changing the process and perhaps eliminating the cap in the future.
Councilmember Blakey questioned the reason for the determination where there were two
applicants that tied for second place and one applicant was recommended to receive five
licenses and the other applicant none.
Mr. Kessler responded that criteria was followed that was subjective in nature. The panel
that performed the interviews rated the applications with a numerical score. Then the
objective criteria was reviewed, which included looking at the level of lease rates, whether
or not they were owner-operators, and the level of enhancing competition, to break the
tie. Therefore, if a company had lower lease rates it was felt that was good rationale to
with which to differentiate.
Council President Thune asked why give it to one as opposed to splitting it. Kessler said
there were ten applications. There were two companies that were at the top and two
individuals and they wanted to divide equally between the two. Kessler said they applied
the criteria that was developed by the City Council and established by ordinance in 1991.
Kessler reviewed the criteria.
Councilmember Guerin suggested that the ordinance should be amended if the City feels
there is a need for more licenses. If the Council decided to increase the cap, he felt that
one of the companies that tied and does not get a license at this time should be given
priority.
Council President Thune expressed concern that in this process none of the companies
as opposed to individual licensees were St. Paul cab companies.
Mr. Marx responded that the current ordinance does not allow the Council to take that
criteria into account. If the Council chose to do so, issues such as interstate regulation,
transportation, etc. would have to be looked at.
Thune further questioned what the Council's options were in departing from the
recommendations.
8
May 11, 1994
Marx responded that under the ordinance the Councii would want to state the rationale
based on the criteria set forth in the ordinance.
Discussion ensued regarding discrepancies in awarding the licenses and the fairness
issue.
Kessler suggested that one way of dealing with these ten and changing the criteria to
level the playing field for current license holders as well as license holders outside of the
city. This would be consistent with LIEP's efforts to try to ease the cap or add to the cap
so that additional licenses would be available in the future. When the ordinance changes
have taken effect the criteria would be evaluated to make the playing field level.
Councilmember Megard had a concern with adding a criteria regarding a St. Paul
company versus one outside the city. This should be clarified if it was not part of the
criteria and added the next time.
Thune responded that his intent was that in the event of a tie it would split with the
rationale that being a St. Paul company should not disqualify them.
Councilmember Guerin suggested approving the licenses and in the short term implement
an ordinance change to raise the cap for three more licenses in order to accommodate
the one in second place. After the joint study is completed, an evaluation can be done.
Councilmember Rettman noted that there were some others that tied at a lesser level and
were granted licenses. She said she does not want to predetermine the outcome that the
cap will be increased stating that it adds another layer to the problem. In terms of the
fairness issue, Rettman said she feels it has some merit if it is done only in terms of
fairness and equity; ie, "if you have the same score, you get the same things". However,
if there are other ties which pose another problem, it may be difficult to come up with a
solution.
Bob Kessler responded that there are other ties but they are far enough down the list that
he felt they would not be a factor. They go from 92.25 to 91.70 to 87.80 and 86.59.
Councilmember Harris moved approval.
Councilmember Grimm suggested that if there are thoughts about changing the process,
why consider amendments or even issuing any licenses. One of the things suggested by
the industry people was to stop the process now and don't award any licenses until the
new guidelines are in place
Councilmember Blakey moved an amendment to break down the licenses into more of a
level playing field.
Tim Marx suggested that if the Council feels they want to adopt the amendment it should
be laid over one week so it can be clarified in the form of a resolution based upon the
discussion and discussed with the LIEP Office to make sure that the criteria can be
carried through and analyzed.
Bob Kessler responded that in speaking with a representative of the Green and White
Co., he pointed out that it would be a determination on the part of Green and White
Company that it would be a change in the criteria.
Roll call on the amendment Yeas - 3(Rettman, Blakey, Thune) Nays - 4(Megard,
Guerin, Harris, Grimm) Motion failed
Councilmember Grimm suggested the Council might want to consider to either withdraw
or layover until the Committee has discussed the overall issue.
9
May 11, 1994
The ordinance that governs says that the City is entitled to issue 120 licenses, Guerin
said. Presently 110 are issued. A process was gone through to issue 10 more. He
questioned if the City would be setting itself up for more problems if these licenses were
not issued.
Phil Byrne, Assistant City Attorney, said the City is authorized to issue up to 120 licenses
but he did not think they were compelled to issue all of them. He did not feel it would be
a problem if the Council wished to reconsider all ten licenses and the overall policy.
Councilmember Grimm moved to lay over indefinitely.
Roll Call Yeas - 3(Rettman, Blakey, Grimm) Nays - 4(Megard, Guerin, Harris,
Thune)
Roll Call on Councilmember Harris motion for approval of the resolution.
Adopted Yeas - 5 Nays - 2(Blakey, Grimm)
Councilmember Guerin stated that he plans to bring forth an ordinance change to raise
the cap on licenses and asked that the LIEP Office draft the ordinance.
41. Resolution - 94-364 - Supporting the revision of duties and reinstatement of a Citizen
Participation Coordinator in the 1994 budget. (Laid over from April 27)
Councilmember Megard moved to introduce a substitute resolution. She said she met
with the Mayor's Office to discuss the revision of duties for the Citizen Participation
Coordinator. She attached a memorandum to the resolution indicating which functions
are to be restored to the position. The only change in the resolution is the revision and
reinstatement of duties. It is not a restoration of the original position but rather a
clarification of the necessary functions.
Roll Call Yeas - 7 Nays - 0
Councilmember Rettman asked that reference be made to Councilmember Megard's
memorandum dated May 11, 1994, and Mayor Coleman's memorandum dated April 27,
1994 pertaining to the duties of the Citizen Participation Coordinator and that these be
kept with the permanent records so it is clear that the position is not being added back
but duties will be allocated to a variety of individuals and there will be a contact person.
Councilmember Megard moved approval of the resolution.
Adopted Yeas - 7 Nays - 0
ORDINANCES
42. Final Adoption - 94-369 - An ordinance amending Chapter 34 of the �egislative Code
relating to Minimum Property Maintenance Standards for all Structures and Premises.
(Public hearing held April 13; Substitute ordinance introduced April 27 and laid over for
final adoption; new substitute ordinance introduced May 4 and laid over for final
adoption.)
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
10
May 11, 1994
43. Final Adoption - 94-499 - An ordinance amending Chapter 87 of the Saint Paul Legislative
Code pertaining to the rules and regulations of the Saint Paul Water Utility as
recommended by the Board of Water Commissioners of the City of Saint Paul.
Councilmember Guerin moved approval.
Adopted Yeas - 7 Nays - 0
44. Second Reading - 94-595 - An ordinance amending Chapter 157, Section 157.04, entitled
"Miscellaneous parking restrictions".
Laid over to May 18th for third reading/public hearing.
PUBLIC HEARINGS
(Items #45, 46, 47, 48 & 49 were discussed together)
45. Third Reading - 94-533 - An ordinance to enact special rules for the sale, possession and
consumption of beverages at community festivals. (Originated in City Operations
Committee/approval recommended)
Laid over to May 18 for final adoption.
46. Third Reading - 94-534 - An ordinance amending Sections 409.08, 409.11 and 409.25 of
the Saint Paul Legislative Code relating to temporary extensions of service areas and
temporary licenses at community festivals. (Originated in City Operations
Committee/approval recommended)
Laid over to May 18 for final adoption.
47. Third Reading - 94-535 - An ordinance amending Sections 410.07 and 410.10 of the Saint
Paul Legislative Code relating to temporary extensions of service areas and temporary
licenses at community festivals. (Originated in City Operations Committee/approval
recommended)
Laid over to May 18 for final adoption.
48. Third Reading - 94-536 - An ordinance amending Chapter 245 of the Saint Paul Legislative
Code relating to drinking at community festivals. (Originated in City Operations
Committee/approval recommended)
Laid over to May 18 for final adoption.
49. Third Reading - 94-537 - An ordinance amending Chapter 246 of the Saint Paul Legislative
Code relating to drinking at community festivals. (Originated in City Operations
Committee/approval recommended)
Robert Kessler, LIEP Director, stated that the ordinance that governs control of
community festivals and block parties, is being recommended for amendment to establish
very clear criteria to control public drinking in public areas such as streets and sidewalks.
Police Chief Finney appeared before the Council speaking in favor of the proposed
changes. He raised some issues which he said may require a larger policy discussion by
the Council. He said that creation of legality for drinking in the streets comes other
responsibilities which fall upon the Police Department. With open drinking, the question
11
May 11, 1994
must be asked, "what happens to the family event?" Groups that want to sponsor public
drinking events must have the proper insurance in place with indemnifications so the City
is not held responsible for any liability that might occur.
As Police Chief, Finney said his first responsibility is to maintain the public safety. He
cited the Grand Old Day festivity and said it is incumbent upon him to maintain a high
presence of police officers at this event. Last year the cost was $21,000 for the Police
Department. Approximately $14,000 was billed to the organization Currently community
events are not specially budgeted in Police Department overtime budget. As future events
are planned, this should be a consideration of the Council. In the last three years, with
the exception of last year, the overtime budget for the Police Department has remained
unchanged. Last year the over-time budget was exceeded by $200,000. Dollars were
reallocated within the Department to cover those costs but the costs still exists. As police
coverage and service is considered, Finney suggested that police officers be used in an
on-duty or even over-time capacity as opposed to having officers hired by the agencies.
It would allow for more control if the services were arranged through the Police
Department. Responsibility would be clarified and the Department could insure that there
was the proper amount of supervision over the police officers.
Rick Webb, 1014 Lincoln Avenue, St. Pauf, Co-Chair of Grand Old Day, read a letter from
the Grand Old Day Committee and the Grand Avenue Business Association which
addressed the City's concerns relative to Grand Old Day and requested that they be
permitted to continue with the one zone concept.
Steve Lyon, Lyon's Pub, stated that Grand Old Day began as a marketing tool for Grand
Avenue and has grown into a marketing tool for the City of St Paul. The Business
Association is favor of the one zone feeling that they can control the people coming and
going and take a lot of pressure off the neighborhood. He said more security and
barricades will be provided this year from Dale Street to Snelling Avenue.
Kimberly Hunter, 1863 Marshall Avenue, spoke on behalf of the Payne-Arcade Business
Association. She said the Payne-Arcade Festival is a family event. PABA has concerns
with consumption of alcohol on the streets and what it would do to the image of their
festival. There was beer wagon some years at the Payne-Arcade Festival but it has been
eliminated and it is still a successful event.
Chief Finney stated that if an exception is made for Grand Old Days, then the law needs
to apply for all other groups. However, when a permit is established for a particular
festival, the concerns of the group should be heard.
Marylou Cheple, 733 Lincoln, member of the Board of Directors of the Summit Hill
Association and a member of the task force, Friend of Grand Old Day, which has been
meeting with Grand Old Day, Inc. She read from a letter from Brian Winger, President of
the Summit Hill Council in support of the elimination of the beer gardens.
Mimi Doran, Grand Avenue Business Association, explained that the difference between
the 1992 and 1994 festivals is that there will be seven less musical groups, there is 80
security staff personally paid from Grand Old Day funds to assist the police, there will be
barricades that line the security areas, no bottles or cans are allowed to be sold, and
there are more family activities. She suggested that maybe language should be added
addressing the size of the festival.
12
May 11, 1994
Mr. Kessler asked that language in the ordinance be amended where it reads "plastic
cups" to read "plastic or biodegradable cups".
Councilmember Rettman moved to close the public hearing.
Roll Call Yeas - 7 Nays - 0
Discussion continued amongst the Councilmembers and the ordinances were laid over to
May 18 for final adoption.
50. Third Reading - 94-538 - An ordinance amending Chapter 357 of the Saint Paul Legislative
Code solid waste license, clarifying differences from Chapter 408 recycling processing
center license. (Corresponds with C.F. 94-539)
No one appeared in opposition. Laid over to May 18 for final adoption.
51. Third Reading - 94•539 - An ordinance amending Chapter 408 of the Saint Paul Legislative
Code solid waste license, clarifying differences from Chapter 357 recycling processing
center license. (Corresponds with C. F. 94-538)
No one appeared in opposition. Laid over to May 18 for final adoption.
52. 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).
Councilmember Guerin moved to lay over 30 days. This pertains to the 3rd and Maria
explosion area and there still may be some agreement to rehabilitate the building.
Roll Call Yeas - 7 Nays - 0
53. Resolution - 94-625 - Approving application for a Gas Station, General Repair Garage,
Grocery (C), and Cigarette License applied for by DeVries Inc. dba Highland Park Amoco
(Brian DeVries, President), at 1191 Randolph. (ID #23423)
No one appeared in opposition. Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
54. Resolution Ratifying Assessment - 94-626 - In the matter of approving assessments for
demolitions of vacant buildings for January & February 1994 (File #J9404C, Assessment
#9586); Boardings-Up of Vacant Buildings for December, 1993 (File #J94046,
Assessment #9587); Repair of Sewer Service Connections for Years 1991, and 1992 (File
#SSA9404, Assessment #9588); Collect expenses involved for towing abandoned
vehicles from properties from December, 1992 to December, 1993 (File #J9404V,
Assessment #9589); Sewer Service Repair requested by property owner at 1940 Margaret
Street (File #SSA94041, Assessment #9590; Summary Abatements (Property Clean-Up,
Snow Removal, and Sanding Walks) for January and February, 1994 (File #J9405A,
Assessment #9591); and Boardings-Up of Vacant Buildings for January, 1994 (File
#J9405B, Assessment #9592). (Legislative hearing held May 3)
Gerry Strathman, Legislative Hearing Officer requested that 891 Johnson Parkway be laid
over to June 1 due to an issue with a vehicle towing.
13
May 11, 1994
Jonathan Siess, 2083 Dayton Avenue (File #9588) addressed his appeal of $1,483 which
was assessed for repair of a sewer line. Mr. Siess read a statement in which he
contended he was misled by the City regarding the procedure and that the charges were
excessive.
Dave Dickhut of the Public Works explained the procedure that is followed by the Public
Works Department in these cases.
Discussion ensued. Councilmember Rettman moved approval of this assessment.
Roll Call Yeas - 7 Nays - 0
Marge (last name unclear), 952 Earl Street requested another hearing pertaining to snow
removal as she was unable to attend the scheduled hearing. Gerry Strathman said it
could be heard at the June 1 hearing before the Legislative Hearing Officer. There was
City Council agreement.
William Paine, 1018 Goodrich, appeared concerning a vehicle that was impounded from
behind his garage in January 1993.
Gerry Strathman stated that by City definition, this was considered an abandoned vehicle
and proper notice was given.
Councilmember Blakey moved to close the public hearing.
Roll Call Yeas - 7 Nays - 0
Councilmember Blakey moved for approval of the recommendations of the Legislative
Officer with exceptions as noted.
Roll Call Yeas - 7 Nays - 0
55. Resolution Ratifying Assessment - 94-549 - In the matter of condemnation and taking of
temporary and permanent easements in conjunction with the Eustis/Franklin CSSP
Project (File #18720E2). (Laid over from April 27)
No one appeared in opposition. Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
56. Public Hearing in the matter of rezoning properly owned by Jerome Koslowski located at
649-651 E. Ivy Avenue from B-1 (commercial) to RT-2 (residential) to allow a triplex. (Laid
over from April 27)
It was noted that staff recommendation was to deny this request.
Councilmember Grimm moved denial.
Roll Call Yeas - 7 Nays - 0
(Councilmember Grimm left the meeting at this time)
57. Public hearing in the matter of rezoning property owned by Woodland Terrace Inc.
located at 538 Dayton Avenue from RT-2 to P-1 to allow a five stall garage for Woodland
Terrace Rowhouse.
Kady Dadlez provided an overview stating that the proposed garage would provide off
street parking for a rowhouse on the same side of the street one block to the west.
Currently there are five parking spaces behind the rowhouse. There is not yet a final
garage design. The applicant was working with the neighborhood in an attempt to reach
consensus on the design. The design would have to be approved by the Heritage
Preservation Commission before it could be constructed. Staff, the Zoning Committee,
14
May 11, 1994
and the Planning Commission have all recommended approvai.
Ron Zweber, 455 Dayton, Chair of the Summit-U Planning Council, said that the Board
voted to support this request at the March 22 meeting.
Kyle Williams, 198 Kent, Member of Woodland Terrace, Inc, and Project Architect for this -
job. He said throughout the process they have met many times with the neighbors and
there has not been any disagreement with parking on the specified lot.
Mike Schumann, 542 Dayton Avenue, spoke against the rezoning saying he is concerned
about the impact of the proposed structure on the neighborhood although he
acknowledged that the Woodland Terrace Rowhouses should have parking and should
have garages. He used various pictures to point out problems that he was concerned
with.
Brett Turner, 528 Dayton Avenue, said there are issues that need to be resolved and he
would like to see the issue laid over in order to work out a plan.
Councilmember Blakey moved to close the public hearing.
Roll Call Yeas - 7 Nays - 0
Councilmember Blakey said he had a concern that this did not go through all the proper
channels. Blakey moved to lay over to May 25.
Roll Call Yeas 6 Nays - 0
58. Public hearing in the matter of rezoning property owned by Perry and Jeanne LeBelle
located at 1217 White Bear Avenue from R-3 to B-3 to allow the expansion of an existing
muffler shop.
Kady Dadlez, PED, distributed a letter of opposition.
Councilmember Guerin moved approval.
Motion of Intent Adopted Yeas - 6 Nays - 0
59. Public hearing in the matter of rezoning property owned by Janice Meyer located at 2186
Como Avenue from RT-2 to B-1 to allow a framing shop and art retailer.
No one appeared in opposition. Councilmember Megard moved approval.
Motion of Intent Adopted Yeas - 6 Nays - 0
(Councilmember Megard left the meeting at this time)
60. Resolution - 94-627 - Adopting the Administrative Law Judge Report and recommending
approval for an application for a Currency Exchange License Application by Gordon
Peterson III dba Ramsey Financial for the premises located at 577 University Avenue.
No one appeared in opposition. Councilmember Blakey moved approval.
Adopted Yeas - 5 Nays - 0
SusRension Item
(Councilmember Megard and Grimm returned at this time)
Councilmember Rettman moved for suspension of the rules to introduce the following
resolution.
Roll Call Yeas - 6 Nays - 1(Megard)
Resolution - 94-628 - Approving Memorandum of Agreement amending the 1992-1993
15
May 11, 1994
Collective Bargaining Agreement between the City of Saint Paul and the Saint Paul
Firefighters, Local 21.
Councilmember Rettman explained that when a mutual agreement has been reached
through the bargaining process, it can come before the Council. Both the Fire
Department and the Union and the Administration have asked that language be changed
for years of service necessary for a firefighter to bid on a fire station. Presently a
firefighter has to have three years of service to bid into a fire station. This resolution
would change the bidding time to two years and it would save the City money. The
sooner there is stabilization of permanent staff at individual stations, over-time costs are
decreased.
Council President Thune questioned whether it was necessary to act on this issue at this
meeting or if it could be laid over one week.
Councilmember Blakey expressed concern that he had not had a chance to review the
resolution.
Tim Fuller, Fire Chief, explained the necessity for moving this resolution forward at this
time stating that it had to be brought before the Local 21 membership for a vote and they
meet once a month. The bid process will end on May 25. The entrance test was recently
settled which will allow for hiring people in July. Fuller said this would allow the people
who came in on the last hiring list to bid onto fire companies. The reason for the three
years that has been used was so that firefighters could experience all aspects and be
trained more fully in many areas. It will help in the scheduling process to change it to two
years.
A brief discussion ensued. Councilmember Rettman moved approval.
Councilmember Harris moved to lay over one week.
Roll Call Yeas - 5 Nays - 1(Rettman) 1 Abstention (Guerin)
Councilmember Blakey raised the issue of forming an Ad Hoc Committee on Public
Safety.
Councilmember Megard moved to place this issue on the May 18 City Council agenda.
Roll Call Yeas - 7 Nays - 0
Councilmember Blakey moved to adjourn the mee �ng.
.�
URN A . 0 p.m.
Cou cil re ' e , avid Thune
ATTEST:
Minutes approved by Council
Nan An on June 22. 1994
Assistant Council Secretary
16