Minutes 05-04-1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
WEDNESDAY, MAY 4, 1994
3:30 P.M. Room 330 City Hall and Court House
15 West Keliogg Boulevard
Council President Thune called the meeting to order at 3:40 p.m.
Present - 7- Councilmembers Blakey, Grimm, Guerin, Harris, Megard, Rettman, Thune
Absent - 0
MISCELLANEOUS
73. Presentation by representative from the Metropolitan Regional Service Center for Deaf and
Hard of Hearing People sharing their concerns as they relate to the services the City of St.
Paul offers to individuals who are deaf and hard of hearing.
Marie Koehler, Metropolitan Regional Services Center for Deaf and Hard of Hearing
people, appeared before the City Council. Ms. Koehler talked about an incident which took
place which was what precipitated her request to appear before the Council. A client she
was working with reported that police had denied access to interpreter services after the
family reported a missing child. It was more than ten days before an interpreter was
provided for the family. She stressed the importance of taking action and that the City of
St. Paul be more receptive to hiring interpreters. Ms. Koehler pointed out that sixty percent
of deaf Minnesotans reside in the metro area. She recommended that interpreters be
provided on an as-needed-basis, and she encouraged the City to hire a full-time interpreter.
The City of Minneapolis had a part-time interpreter on staff since about 1988 and in 1990 it
became a full-time position. Ms. Koehler said that the interpreter with the City of
Minneapolis cited the benefits of a staff interpreter saying that programs would have
immediate access to this service. It can take anywhere from two to seven days to obtain an
interpreter for a special request and there may be emergency situations where people can't
wait that long. She stated that the Metro RSC has received many complaints from St. Paul
residents and there is concem that a lawsuit could happen at some time. Ms. Koehler
distributed copies of Hennepin County's proposal for a staff sign language interpreter as
well as handouts from the Metro RSC.
Chair Rettman noted that an ADA position will be added to City staff and said that this
discussion came at a very appropriate time. She stressed that, hopefully, the issue that
brought forth the discussion will not happen again.
In response to Councilmember Blakey's question as to just where the staff person in
Minneapolis works, Ms. Koehler said that the person is housed in the Telecommunications
Department but covers different areas. The number one priority is with the police but the
person also worked with the tax service that was offered for senior citizens, the Public
Housing Agency, and is available for any emergency situation that might arise. She also
does training during down times.
May 4, 1994
CONSENT AGENDA
Councilmember Rettman moved approval of the Consent Agenda.
Adopted Yeas - 7 Nays - 0
FOR ACTION
1. Approval of Minutes of March 16, 1994, City Council meeting.
Adopted Yeas - 7 Nays - 0
2. Claims of Carl Anderson, Lillian Holloway, Mildred Metoxen, Kari Ann McNamara
(Johnson), Millie Simmons, Cherrie Thomas, Imogene Treichel, Hou Yang and Chue Yang,
and Nou Yang.
Referred to City Attorney's Office
3. Administrative Orders:
D00104 Approving payment not to exceed $2000 for Library volunteer recognition
program at the St. Paul Radisson Hotel.
D00105 1994 budget revision in the Department of Planning & Economic
Development/ HRA Debt Service Fund.
D00106 1994 budget revision in the Department of Public Works/Street Repair and
Cleaning Fund.
D00107 1994 budget revision in the Department of Public Health/Special Revenue
Fund.
D00108 1994 budget revision in the Department of Public Health/Special Revenue
Fund.
D00109 1994 budget revision in the Department of Public Works/Solid Waste and
Recycling Fund.
D00110 Addition of $110,310.83 to the contract for Conway-Germain Storm Sewer and
Paving.
D00111 Addition of $168,445.20 to the contract for Marshall-Cleveland Storm Sewer &
Paving.
Noted as on file in City Clerk's Office
4. Letters from Saint Paul Public Health declaring 1115 Agate Street, 430-34 Case Avenue and
858 Marion Street as "nuisance property". (For noti�cation purposes only; public hearings
will be scheduled at a later date if necessary.)
5. Letter from the Valuation Engineer recommending date of Public Hearing for June 1, 1994
in the petition of East Side Neighborhood Development Company for 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.
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May 4, 1994
6. Letter from the Department of Planning and Economic Development, Planning Division,
setting date of Public Hearing for May 11, 1994, in the matter of rezoning property from
RT-2 (residential) to B-1 (commercial) to allow a framing shop and art retailer at 2186
Como Avenue by Janice Meyer.
7. Letter from the Department of Planning and Economic Development, Planning Division,
setting date of Public Hearing for May 11, 1994, in the matter of rezoning property from R-
3(residential) to B-3 (commercial) to allow the e�cpansion of an e�cisting muffler shop at
1217 White Bear Avenue by Perry and Jeanne LaBelle.
8. Letter from the Department of Planning and Economic Development, Planning Division,
setting date of Public Hearing for May 11, 1994, in the matter of rezoning properiy from
RT-2 (residential) to P-1 (parking) to allow a five-stall garage for Woodland Tenace
Rowhouse at 538 Dayton Avenue by Woodland Terrace Inc.
9. Resolution - 94-525 - Approving appointments by the Mayor to the New Americans
Advisory Committee. (Laid over from April 27 for adoption)
Adopted Yeas - 7 Nays - 0
10. Resolution - 94-553 - Approving renewal of various Class III and Supporting Licenses (ID
# 10473-96596) by: Brooks Superettes # 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 Bun 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
#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.
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May 4, 1994
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, 143 Lexington Pkwy. N.; Court International Building, 2550
University Ave. W., #210N; HCO Self Serve #11, 719 Payne Ave. (To be laid over one
week for adoption)
Laid over to May llth
11. 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/Lady Slipper
Chapter/Buddy's, 755 Jackson St.; Clark Station, 400 Dale St. N.; Clark Oil & Re�ning
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.; Northwestem 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. (To be laid
over one week for adoption)
Laid over to May 11th
12. 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 & Refining 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'�cle Inc., 1222 University
Ave. W.; MN/USA Wrestling/Champps, 2431 7th St. W.; Civic Center Auto Service, 459
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May 4, 1994
Toronto St.; Super C�cle Inc., 755 Rice St. (To be laid over one week for adoption)
Laid over to May llth
13. 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. (To be laid over one week for adoption)
Laid over to May llth
14. 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. (To be
laid over one week for adoption)
Laid over to May llth
15. Resolution - 94-558 - Finalizing Council action taken on April 20, 1994, regarding the report
of the Administrative Law Judge pertaining to adverse action against licenses held by Phat
Duc Ly (aka Pat Lee), dba Serena Restaurant, 501 W. University Avenue.
Adopted Yeas - 7 Nays - 0
16. Resolution - 94-559 - Approving the release of utility easements no longer needed in the
vacated alley in Block 1, Elfelt, Bernheimer and Amolds Addition to St. Paul.
Adopted Yeas - 7 Nays - 0
17. Preliminary Order - 94-560 - In the matter of sidewalk reconstruction on both sides of
Berkeley Avenue from Davern Street to South Wheeler Street, and setting date of public
hearing for June 15, 1994 (File #59433).
Adopted Yeas - 7 Nays - 0
18. Preliminary Order - 94-561 - In the matter of sidewalk reconstruction on the east side of
South Cleveland Avenue from St. Paul Avenue to Montreal Avenue, and setting date of
public hearing for June 15, 1994 (File #S9434).
Adopted Yeas - 7 Nays - 0
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May 4, 1994
19. Preliminary Order - 94-562 - In the matter of sidewalk reconstruction on both sides of
Eleanor Avenue from South Cretin Avenue to Mount C�rve Boulevard and the west side of
South Cretin Avenue from Eleanor Avenue to approximately 125 feet north of Eleanor
Avenue, and setting date of public hearing for June 15, 1994 (File #59435).
Adopted Yeas - 7 Nays - 0
20. Preliminary Order - 94-563 - In the matter of sidewalk reconstruction on both sides of South
Griggs Street from James Avenue to Randolph Avenue, and setting date of public hearing
for June 15, 1994 (File #S9436).
Adopted Yeas - 7 Nays - 0
21. Preliminary Order - 94-564 - In the matter of sidewalk construction (new) and/or
reconstruction on the north side of Norfolk Avenue from Sumner Street to South Cleveland
Avenue, and the south side of Norfolk Avenue from South Prior Avenue to South Cleveland
Avenue, and setting date of public hearing for June 15, 1994 (File #59437).
Adopted Yeas - 7 Nays - 0
22. Preliminary Order - 94-565 - In the matter of sidewalk reconstruction on the west side of
South Prior Avenue from Sheridan Avenue to Norfolk Avenue, and setting date of public
hearing for June 15, 1994 (File #S9438).
Adopted Yeas - 7 Nays - 0
23. Preliminary Order - 94-566 - In the matter of sidewalk reconstruction on both sides of
Sheridan Avenue from Sue Place to South Prior Avenue, and setting date of public hearing
for June 15, 1994 (File #S9439).
Adopted Yeas - 7 Nays - 0
24. Preliminary Order - 94-567 - In the matter of sidewalk reconstruction on both sides of West
Idaho Avenue from Fernwood Street to Huron Street, and setting date of public hearing for
June 22, 1994 (File #S9440)
Adopted Yeas - 7 Nays - 0
25. Preliminary Order - 94-568 - In the matter of sidewalk reconstruction on both sides of
Duluth Street from East Maryland Avenue to East Hawthorne Street, and setting date of
public hearing for June 22, 1994 (File #59442).
Adopted Yeas - 7 Nays - 0
26. Preliminary Order - 94-569 - In the matter of sidewalk reconstruction on both sides of East
Maryland Avenue from Frank Street to Duluth Street, and setting date of public hearing for
June 22, 1994 (File #59443).
Adopted Yeas - 7 Nays - 0
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May 4, 1994
27. Preliminary Order - 94-570 - In the matter of sidewalk reconstruction on the south side of
Dayton Avenue from North Cleveland Avenue to North Finn Street at 2096 Dayton Avenue
only, and setting date of public hearing for June 22, 1994 (File #59444).
Adopted Yeas - 7 Nays - 0
28. Preliminary Order - 94-571 - In the matter of sidewalk reconstruction on both sides of
Edmund Street from Fry Street to Aldine Street, and setting date of public hearing for June
22, 1994 (File #S9445).
Adopted Yeas - 7 Nays - 0
29. Preliminary Order - 94-572 - In the matter of sidewalk reconstruction on the south side of
Iglehart Avenue from Fry Street to Pierce Street, and setting date of public hearing for June
22, 1994 (File #S9446).
Adopted Yeas - 7 Nays - 0
30. Preliminary Order - 94-573 - In the matter of sidewalk reconstruction on both sides of
Iglehart Avenue from Moore Street to North Wilder Street, and setting date of public
hearing for June 22, 1994 (File #S9447).
Adopted Yeas - 7 Nays - 0
31. Preliminary Order - 94-574 - In the matter of sidewalk reconstruction on both sides of South
Albert Street from Grand Avenue to Lincoln Avenue, and setting date of public hearing for
June 22, 1994 (File #S9448).
Adopted Yeas - 7 Nays - 0
32. Preliminary Order - 94-575 - In the matter of sidewalk reconstruction on the south side of
Bayard Avenue from South Prior Avenue to Sumner Street, and setting date of public
hearing for June 22, 1994 (File #59449).
Adopted Yeas - 7 Nays - 0
33. Preliminary Order - 94-576 - In the matter of sidewalk reconstruction on both sides of Juliet
Avenue from South Prior Avenue to Kenneth Street, and setting date of public hearing for
June 22, 1994 (File #S9450).
Adopted Yeas - 7 Nays - 0
34. Preliminary Order - 94-577 - In the matter of sidewalk reconstruction on both sides of Juno
Avenue from South Syndicate Street to South Hamline Avenue, and setting date of public
hearing for June 22, 1994 (File #S9451).
Adopted Yeas - 7 Nays - 0
35. Preliminary Order - 94-578 - In the matter of sidewalk reconstruction on the south side of
Osceola Avenue from South Griggs Street to South Syndicate Street at 1236 Osceola
Avenue only, and setting date of public hearing for June 22, 1994 (File #S9452).
Adopted Yeas - 7 Nays - 0
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May 4, 1994
36. Preliminary Order - 94-579 - In the matter of sidewalk reconstruction on the north side of
Watson Avenue from South Cretin Avenue to South Cleveland Avenue at 2075 and 2079
Watson Avenue, and setting date of public hearing for June 22, 1994 (File #S9453).
Adopted Yeas - 7 Nays - 0
37. Resolution Approving Assessment - 94-580 - In the matter of construction (new) and/or
reconstruction of sidewalks on both sides of Brimhall Street from Hartford Avenue to
Scheffer Avenue and the north side of Scheffer Avenue from Brimhall Street to South
Saratoga Street, and setting date of public hearing for June 15, 1994 (File #59322).
Adopted Yeas - 7 Nays - 0
38. Resolution Approving Assessment - 94-581 - In the matter of sidewalk reconstruction on
both sides of Eleanor Avenue from South Finn Street to South Cretin Avenue, and setting
date of public hearing for June 15, 1994 (File #S9323).
Adopted Yeas - 7 Nays - 0
39. Resolution Approving Assessment - 94-582 - In the matter of sidewalk reconstruction on
both sides of James Avenue from Kenneth Street to South Cleveland Avenue, and setting
date of public hearing for June 15, 1994 (File #S9324).
Adopted Yeas - 7 Nays - 0
40. Resolution Approving Assessment - 94-583 - In the matter of sidewalk construction (new)
and/or reconstruction on the east side of Montcalm Place from Edgcumbe Road to Watson
Avenue, and setting date of public hearing for June 15, 1994 (#S9326).
Adopted Yeas - 7 Nays - 0
41. Resolution Approving Assessment - 94-584 - In the matter of sidewalk reconstruction on the
south side of Princeton Avenue from Amherst Street to South Wheeler Street, and setting
date of public hearing for June 15, 1994 (File #59327).
Adopted Yeas - 7 Nays - 0
42. Resolution Approving Assessment - 94-585 - In the matter of sidewalk reconstruction on
both sides of Euclid Avenue from Flandrau Street to North White Bear Avenue, and setting
date of public hearing for June 22, 1994 (File #59307).
Adopted Yeas - 7 Nays - 0
43. Resolution Approving Assessment - 94-586 - In the matter of sidewalk reconstruction on the
east side of Arcade Street from East Ivy Avenue to Clear Avenue, and setting date of public
hearing for June 22, 1994 (File #S9332).
Adopted Yeas - 7 Nays - 0
44. Resolution Approving Assessment - 94-587 - In the matter of sidewalk reconstruction on
both sides of Clear Avenue from North Ruth Street to unimproved North Winthrop Street,
and setting date of public hearing for June 22, 1994 (File #59333).
Adopted Yeas - 7 Nays - 0
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May 4, 1994
45. Resolution Approving Assessment - 94-588 - In the matter of sidewalk reconstruction on the
east side of Edgerton Street from East Ivy Avenue to Sherwood Avenue, and setting date of
public hearing for June 22, 1994 (File #S9334). �
Adopted Yeas - 7 Nays - 0
46. Resolution Approving Assessment - 94-589 - In the matter of sidewalk reconstruction on
both sides of East Hoyt Avenue from Germain Street to Kennard Street, and setting date of
public hearing for June 22, 1994. (File #S9335).
Adopted Yeas - 7 Nays - 0
47. Resolution Approving Assessment - 94-590 - In the matter of sidewalk reconstruction on
both sides of East Idaho Avenue from Kennard Street to Flandrau Street, and setting date
of public hearing for June 22, 1994 (File #59336).
Adopted Yeas - 7 Nays - 0
48. Resolution Approving Assessment - 94-591 - In the matter of sidewalk reconstruction at
1827 East Ivy Avenue located on the north side of East Ivy Avenue from North White Bear
Avenue to Van Dyke Street, and setting date of public hearing for June 22, 1994 (File
#59337).
Adopted Yeas - 7 Nays - 0
49. Resolution Approving Assessment - 94-592 - In the matter of sidewalk reconstruction on the
south side of East Maryland Avenue from North White Bear Avenue to Van Dyke Street,
and setting date of public hearing for June 22, 1994 (File #59338).
Adopted Yeas - 7 Nays - 0
50. Resolution Approving Assessment - 94-593 - In the matter of summary abatements (property
clean-up and/or snow removal) in the Thomas/Dale area from January through mid-March
J9406TDBC (9597); Summary abatements (property clean-up) for Winter 1994 J9406A
(9598); and Demolition of vacant buildings for March 1994 J9406C (9596), and setting date
of hearing before the Legislative Hearing Officer for June 21, 1994, and public hearing for
June 29, 1994.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
51. Resolution - 94-43 - Approving cancellation of various uncollectible registered bills in the
amount of $115,523.26. (Laid over from April 6)
Pam Wheelock, Mayor's Chief of Staff, stated that the Administration was requesting a two
week lay over as they were not yet ready to make a report.
Concern was raised by some Councilmembers about this issue lingering and it was felt that
it is imperative that this issue be resolved in a timely manner.
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May 4, 1994
A short discussion ensued. Councilmember Rettman moved to lay over to June 1.
Roll Call Yeas - 7 Nays - 0
52. 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.
Council President Thune requested this item be laid over since issues were not yet resolved.
Councilmember Rettman moved to lay over one week.
Roll Call Yeas - 7 Nays - 0
53. Letter from the Civil Service Commission dated April 21, 1994 rejecting Resolution 94-303,
adopted April 6, 1994, amending the Civil Service Rules by establishing the position of
Administrative Assistant in the unclassified service of the City of Saint Paul.
No action required per City Attorney; Resolution 94-303 is null and void.
54. Letter from the Civil Service Commission dated April 21, 1994 rejecting Ordinance 94-304,
adopted April 13, 1994, establishing the position of Administrative Assistant in the
unclassified service of the Police Department pursuant to Section 12.02.2(h) of the City of
St. Paul Charter.
No action required per City Attorney; Ordinance 94-404 is null and void.
ORDINANCES
55. Final Adoption - 94-369 - An ordinance amending Chapter 34 of the Legislative 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)
Councilmember Rettman moved to submit a substitute ordinance and to lay over to May 11
for final adoption.
Roll Call Yeas - 7 Nays - 0
56. Final Adoption - 94-459 - An ordinance amending Chapter 60 of the Saint Paul Legislative
Code finalizing City Council action of March 23, 1994 and rezoning of SuperAmerica
located at 1082 Front Avenue from RT-1 to B-2. (Public hearing held March 23 and April
27, 1994)
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
57. Second 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 11 for third reading/public hearing.
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May 4, 1994
58. Second 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 11 for third reading/public hearing.
59. Second 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 11 for third reading/public hearing.
60. Second 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 11 for third reading/public hearing.
61. Second 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)
Laid over to May 11 for third reading/public hearing.
62. Second 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)
La.id over to May 11 for third reading/public hearing.
63. Second 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)
Laid over to May 11 for third reading/public hearing.
64. First Reading - 94-595 - An ordinance amending Chapter 157, Section 157.04, entitled
"Miscellaneous parking restrictions".
Laid over to May 11th for second reading.
PUBLIC HEARINGS
65. Third Reading - 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.
No one appeared in opposition. Laid over to May 11th for final adoption.
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May 4, 1994
66. Final Order - 94-596 - In the matter of improving Snelling Avenue at the Minnehaha
Avenue intersection by constructing a bumpout on Snelling Avenue at the southwest comer
of the intersection. Work to consist of pavement removal, construction of concrete curb and
gutter, pavement restoration and construction of concrete sidewalk (File # 18738).
No one appeared in opposition. Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
67. Final Order - 94-597 - In the matter of improving East Sixth Street between Bates Avenue
and Maple Street by constructing bumpouts at the Bates Avenue and Maple Street
intersections. Work to consist of constructing curb, new pavement, relocating drainage
structures, constructing sidewalk, placing topsoil and sodding boulevards, and doing all other
work necessary to complete said improvement (File #18739).
No one appeared in opposition. Councilmember Grimm moved approval.
Adopted Yeas - 7 Nays - 0
68. Resolution - 94-598 - Authorizing the vacation of the alley in Block 2, Scherer's Subdivision,
bounded by Prosperity Avenue, Hazelwood Street and East Ivy Avenue.
Ruth Rose, 1375 Hazelwood, appeared before the Council and said that when she bought
her house she was told the alley was already vacated.
Dick McCann, Real Estate Division, explained that the homeowners will now own the
property and the City will no longer have an easement on it.
Ms. Rose also voiced a complaint about a neighbor with trash in their yard. She was
referred to the Information and Complaint Office.
Councilmember Grimm moved approval.
Adopted Yeas - 7 Nays - 0
69. Resolution - 94-551 - Ordering the owner(s) to repair or remove the building at 443 Fisk
Street within fifteen (15) days from the adoption of resolution. (Laid over by the Legislative
Hearing Officer to the May 3, 1994 Legislative Hearing) (Laid over from April 27)
Nancy Anderson, Assistant Secretary to the Council, pointed out that a communication was
distributed from Gerry Strathman, Legislative Hearing Officer, recommending that the
Council adopt the proposed resolution.
No one appeared in opposition. Councilmembers Guerin and Blakey moved approval.
Adopted Yeas - 7 Nays - 0
70. Resolution - 94-599 - Establishing two hour parking from 7:00 a.m-7:00 p.m. Monday-Friday
except by permit on the east side of Leech Street between Grand Avenue and West Seventh
Street.
No one appeared in opposition. Councilmember Grimm moved approval.
Adopted Yeas - 7 Nays - 0
71. Resolution - 94-600 - Concerning adverse action against licenses held by Drink Inc., dba
Pebble's Bar, 880 East 7th Street (Uncontested).
Phil Byrne, Assistant City Attorney, representing the City License Division, stated that from
January 1 through January 14, 1994 Pebble's Bar was operating without the required dram
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May 4, 1994
shop insurance required both by ordinance and state statute. Mr. Byrne reported that the
matrix calls for ten (10) days suspension for the first offense. Mr. Byrne said that there is
no information to make a determination as to whether or not the neglect to have the
insurance in place was intentional or accidental. Mr. Byrne was told by the manager that it
was a paperwork oversight. When the License Division received notification from the
insurance company that insurance had been cancelled, it was secured immediately by the bar
owner upon noti�cation.
Carl Dziubak, license holder of Drink Inc., appeared before the Council. He explained that
there had simply been a slip-up. Further, he said they normally are notified by the License
Division if the dram shop insurance had cancelled, which did not occur this time.
Councilmember Guerin moved to close the public hearing.
Roll Call Yeas - 7 Nays - 0
Councilmember Guerin moved for a 10 day suspension with 5 days stayed.
Councilmember Harris said he felt the penalty should be 10 days noting that it was a serious
offense because there was a potential there for something to have happened.
Councilmember Guerin withdrew his motion.
Councilmember Rettman moved for 10 days suspension with three days stayed with the
condition that there not be any other violations in the next 18 months. The penalty will
commence on May 29, 1994.
Roll Call Ayes - 7 Nays - 0
(The Council recessed at 4:40 p.m. and reconvened at 4:50 p.m.)
Present - 6- Councilmembers Blakey, Guerin, Harris, Megard, Rettman, Thune
Absent - 1- Councilmember Grimm (arrived back at the meeting at 5:00 p.m.)
72. Public hearing regarding the Report of the Administrative Law Judge's Findings of Fact,
Conclusions, and Recommendations pertaining to adverse action against licenses held by the
Cozy Cantina located at 202 Concord Street.
Phil Byrne, Assistant City Attorney, representing the City License Division, e�lained the
incident which occurred on January 5, 1994, when an unruly patron entered the Cozy
Cantina within approaumately 45 minutes of closing time. The Cozy Cantina at that time
had two loaded guns and holsters behind the bar which were kept for the use of the
bartenders. The bartender on duty that evening had twice been convicted of felonies and
could not carry or use a firearm without violating his parole. The owner had not provided
training or instructions in the use of firearms or in the rules of deadly force to the bar staff.
Testimony provided was that when the bartender attempted to call police on the unruly
patron, the patron went behind the bar, hit the bartender on the side of the head and
slightly injured him, and a scuffle ensued. The bartender followed the patron into the bar
area and confronted him with a firearm, which discharged, and the patron was injured.
Mr. Byrne said it is the City's position that the bartender should have attempted to call the
police again before following the patron into the bar area and should not have forced a
confrontation without attempting the phone call.
The victim was subpoenaed at the hearing, however, he refused to answer any questions
when he took the witness stand on the grounds that it would tend to incriminate him. When
the bartender took the witness stand during cross examination, he said that he was told by
13
May 4, 1994
his parole officer that he could not work in the bar anymore. This was when it first came to
light that he had two felony convictions. The bartender claimed that when he went into the
bar area, the patron was reaching into his pants as if to reach for a weapon and he believed
there was a weapon. The findings of the administrative law judge reflect that he believed
that was true. The ALJ determined that the bartender had acted reasonably. Mr. Byrne
feels that the evidence in the record shows that at the time the bartender followed the
patron out, he was not in fear of death or serious injury or danger and had no basis to
resort to the use of deadly force. Further, if he were in fear of his life or of danger, he
would not have approached the patron with a loaded gun and confronted this person who he
thought was about to pull a loaded weapon. Finally, the evidence shows that the bartender's
credibility is not very strong because of the fact that he has previous felony convictions. The
AL.J did credit that and it is based, in some measure, on the demeanor of the witness so it
cannot simply be disregarded; there would have to be some basis for disregarding that
position of the AL.J, Byrne stated.
Mr. Byrne said he feels that there should not be bartenders using loaded weapons to deal
with unruly patrons. Their first effort should be to call the police. For those reasons, and
in spite of the administrative law judges's recommendations, the City feels there should be
some discipline imposed. The owner is responsible for his bartenders and is accountable for
their actions. A message has to be sent to this owner, and indirectly to other bars, that
there is a problem here. The City Attorney has not recommended, but the Council may
want to consider, conditions as a part of the decision among which might include training in
the use of firearms and in the guidelines for the use of deadly force. Records indicate that
there are no license violations that have been before the Council in the past relating to the
Cozy Cantina.
John Hirte, Attorney for the Cozy Cantina, stated that the man who was shot in the bar is
being described as both an unruly patron and an unruly customer. He clarified that tlie
person is neither a patron nor a customer of this bar. He was barred five year ago from the
Cozy Cantina and has been barred from several other bars in the neighborhood. This
person entered the bar at 12:30 a.m. He did not purchase a drink but helped himself to a
drink from another customer's pitcher of beer.
The bartender had been at this job 2-1/2 years, did not know this man, did not recognize
this man, and did not know that he was baned from the bar.
The Cozy Cantina has been in the current location since the 1930s. It was purchased by
Herbert L. Howe in 1954 and has been in the Howe family since that time. He described it
as a neighborhood bar. The only violation this bar has ever had occurred in the late 1950s
or 1960s for unlicensed pin-ball machines. Mr. Howe strives to operate the bar in a safe
and orderly manner. Mr. Hirte called attention to the administrative law judge's report
where he states that the bar serves a legitimate social function in the neighborhood. He
said he finds the ALJ report to be accurate and well-founded. He called attention to the
AL,T's conclusions where it was noted that the discharge of the firearm was accidental and
the discharge of the firearm was precipitated by the conduct of Ronald Aguirre. The
bartender, and consequently the owner, did not engage in illegal conduct, Mr. Hirte stated.
Under all of the circumstances described in the findings, the bartender did not act
unreasonably in attempting to protect himself, the bar and the other patrons.
The ALJ stated that none of the facts of that evening are open to serious question, Mr.
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May 4, 1994
Hirte said. Mr. Aguirre entered the bar, acted in a very hostile manner, and he punched the
bartender. Another factor that came out in the evidence was that the bartender was in the
process of calling the St. Paul Police Department at the time he was attacked. When police -
did arrive, it took three officers to subdue him. All three of�cers described him as being
combative. Mr. Hirte stated that at the present time there is no policy set by the City of St.
Paul that prohibits a bar or bar owner from keeping a firearm on its premises. However, he
said it was his understanding that it is the License Department's position that bartenders are
not justified under any circumstances in the use of firearms in controlling conduct in a bar.
Mr. Hirte disputed Mr. Byrne's argument that it was the duty of the bartender on that night
to retreat from danger. During cross examination Mr. Byrne pointed out that there was a
back door through which the bartender could have fled. The bartender responded that that
would have allowed Mr. Aguirre to remain in the bar with the gun, money, liquor, and the
other bar patrons. Mr. Hirte submitted, and believed the ALJ correctly found, that a
bartender has a duty to stay with the bar and protect its patrons.
Mr. Hirte summarized the incidents that transpired and lead to the shooting. The bartender
testified that he saw Mr. Aguirre reach into his coat, he started scuffling with him and the
gun discharged. The police arrived and Mr. Aguirre was subdued and taken into custody
along with the bartender. The next day the bartender was released from custody. 'The
report was reviewed by a Ramsey County attorney who found that there was no basis to
charge the bartender.
Mr. Hirte said it is their belief that the actions of the bartender in the early morning of
January 5 were entirely appropriate.
With regard to Frank Aguilera, the bartender, being a felon, Mr. Hirte said he was
convicted of arson in the 1970s and went to Stillwater Prison for a period of three years.
During his prison stay, he became fluent in reading and writing both English and Spanish
and turned his life around. Mr. Hirte described Frank Aguilera as a good person and an
excellent bartender and never before had an occasion to bring out a firearm.
Mr. Hirte said that the administrative law judge reached the proper conclusion that Mr.
Aguilera's actions were justified and that no adverse action should be taken against this
license.
Councilmember Blakey asked Mr. Howe if he performs background checks on his
employees. Mr. Howe replied" that he does not and that at the time he hired Mr. Aguilera,
he was not aware that he was a felon.
Council President Thune questioned the reason for having firearms on the premises and
whether there are any reasons from past experience that would make him think deadly force
might be necessary. Mr. Howe responded that the weapons are in the bar for protection.
There have been knives displayed in the past. Two patrons were shot by another patron in
1976 and Mr. Howe's brother shot the assailant. Mr. Howe said most bars and shop owners
have weapons on their premises. Thune questioned if any instructions were given to the
employees on how and when to use a weapon. Mr. Howe responded that the employees
were not given any formal training.
Councilmember Guerin questioned if there had been any other incidents of unruly patrons
or fights in the bar during the time Mr. Aguilera worked as a bartender. Mr. Howe
responded that there were times the police were called but Mr. Aguilera had never used a
gun before.
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May 4, 1994
Mr. Hirte stated that after this incident, the bartender's probation officer asked him to
terminate his employment because of the fact that he was around firearms.
Mr. Howe added that Mr. Aguilera first worked for him as a bartender during a Cinco de
Mayo celebration. Mr. Howe subsequently offered him a full-time position and Mr.
Aguilera indicated he would have to check with his probation officer. This was when Mr.
Mr. Howe first learned he was a felon. The P.O. authorized him to work at the Cozy.
Councilmember Blakey requested clarification from Mr. Byrne on whether a convicted felon
can be in possession of a firearm.
Mr. Byrne responded that one of Mr. Aguilera's convictions was for possession of a firearm.
Under the state statute a felon cannot possess, carry, keep, etc. a firearm. Mr. Byrne was
uncertain as to the laws governing a situation where a�rearm might be used in self-defense
if available, but believed a person may be entitled to defend themself.
Councilmember Guerin moved to accept the Findings of Facts of the Administrative Law
Judge.
Adopted Yeas - 7 Nays - 0
Testimony was taken from the following people supporting the Cozy Cantina and speaking
against a penalty for the bar:
Louis Lopez, resident of the West Side.
Tim Garcia, St. Paul resident and former employee of the Cozy.
Jose (last name not clear), resident of the West Side
Muriel Barr, 59 East Annapolis
Jose Garcia, 133 East Isabel
Simpson (last name not clear), President of Concord Texaco, 205 Concord Street
Jose Kohler, 184 West Winifred
Resident from Bloomington, MN and Cozy Cantina patron
Gene Gordon, 737 Hall Avenue, St. Paul, retired St. Paul police officer
Paul Traviski, 225 14th Avenue N., South St. Paul
Juanita Bell, 222 East Norton, St. Paul
Bob Franco, 249 East Winifred, St. Paul
Don Valencour, 1526 4th Street North, South St. Paul
West Side resident (name and address unclear)
Carol (last name unclear) 109 Leech Street, St. Paul
Testimony was taken from the following people asking that a penalty be imposed against the
Cozy Cantina:
Ted Garcia, General Manager El Burrito Market, Concord & State Streets, St. Paul
Chris Bolander, 211 West Winifred Street, St. Paul, Vice President of Bolander
Construction, and Chair of the Land Use Committee of the West Side Citizens Organization
Michael Warns, 233 Concord Street, St. Paul
Gilbert Delao, West Side resident
Louis Alvarado, 469 Clinton Avenue
Councilmember Rettman moved to close the public hearing.
Roll Call Yeas -7 Nays - 0
Council President Thune asked that Tim Marx, City Attorney advise the City Council as to
what they could use as facts in making a determination on a penalty.
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May 4, 1994
Mr. Marx responded by reminding the Council that they did adopt as the record in the
matter the findings of fact as found by the administrative law judge and the supporting
evidence, and a decision should be based on the facts of this incident only.
Council President Thune suggested a two week suspension based on the facts that the bar
owner kept handguns in an accessible location for his employees and did not provide
instructions, safety training, or advice on when and how to use the weapons and left them in
the hands of a felon.
Councilmember Guerin said he supports the recommendation of the administrative law
judge of no penalty. Rather than penalizing the bar, he felt the community working
together is what is going to make a difference.
Councilmember Blakey said he feels this is a serious issue. A liquor license is a privilege
and background checks should be performed on employees. The owner knew the bartender
was a felon and yet allowed him to be in the presence of weapons. He said he did not see
that the situation warranted the use of a gun. A message should be sent that bar owners
must be responsible.
Councilmember Megard said she does not believe that a legal business should have a
negative impact on the neighbors. She was also very concerned about the lack of training by
the owner for the employees. The mixture of guns and alcohol is a serious matter. There is
not a mechanism to outlaw either one but many people are being affected by this mixture.
Megard said she supports a stiff penalty and feels that two weeks is lenient because the
neighborhood is being adversely affected.
Councilmember Harris agreed with a two week suspension. He said he hopes the Council
will consistently view a liquor license as a privilege. It is the responsibility of the bar owner
to insure that these types of things do not happen.
Councilmember Grimm supported a two week suspension. There is a limited supply of not
only liquor licenses and businesses, but also of people, Grimm stated.
Councilmember Rettman moved to accept the City Attorney's Proposed Amended
Conclusions to the Administrative Law Judge's Report and impose a penalty of two weeks
suspension to be imposed after the Cinco de Mayo celebration.
Roll Call Yeas 6 Nays - 1(Guerin)
Suspension item
Councilmember Guerin moved for suspension of the rules and approval of the following
Resolution:
Resolution - 94-601 - approving an application from Skarphol Construction Group for a
Noise Variance for demolition work, with conditions, at American Bank, 101 East Sth Street.
Council President Thune said that an agreement has been worked out with the neighbors.
The variance will be in effect from May 1 through October 1, 1994 and provides for speci�c
times when the demolition would occur.
Adopted Yeas - 7 Nays - 0
Councilmember Grimm moved to adjourn the meeting.
17
T 6:3 P.M.
ouncil Presi nt, David Thune
ATTEST:
Minu roved by Council
Nancy An on June 22, 1994
Assistant Council Secretary
18