Minutes 04-27-1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
APRIL 27, 1994
3:30 P.M. Room 330 City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:35 p.m. by Council President Thune.
Present - 7- Councilmembers Blakey, Grimm, Guerin, Harris, Megard, Rettman, Thune
Absent - 0
CONSENT AGENDA
Councilmember Grimm requested Items 5 and 6 be removed for discussion.
Councilmember Megard requested Item 7 be removed for discussion.
Councilmember Thune requested Item 14 be removed for discussion.
Councilmember Rettman moved approval of the Consent Agenda as amended.
FOR ACTION
1. Claims of Bonnie J. Andrews, Heidi J. Herman, Paul W. Loaney, Gerri Kemnetz, Delbert
D. Rowse, Royal Smith, and Ramon Vallejo.
Referred to City Attorney's Office
2. Administrative Orders:
D94-099 Addition of $72.22 to the contract for the East Side Community Center.
D94-100 Addition of $37,234.00 to the contract for the East Side Community Center.
D94-101 1993 budget revision in the Department of Planning and Economic
Development/CDBG - Lao Family Project.
D94-102 Addition of $12,747.00 to the contract for the Hillcrest Community Recreation
Center.
D94-103 Addition of $24,705.00 to the contract for street lighting system for 35E
University Phase II, CSSP Year VIII '
Noted as on file in City Clerk's Office
3. Letter from the Department of Finance and Management Services, Real Estate Division,
setting date of public hearing for May 25, 1994 for the petition of Bethlehem Lutheran
Church in the Midway for the vacation of part of Lot 20, Block 1, Homer H. Hoyt Co.'s
Addition, bounded by Spruce Tree Avenue, Roy Street, Shields Avenue and Snelling
Avenue.
4. Letters from Saint Paul Public Health declaring 401 Van Buren Avenue, 903 Sixth Street
East, and 1182 Dale Street North as "nuisance property". (For noti�cation purposes only;
public hearing will be scheduled at a later date if necessary.)
5. (Discussed later in the meeting)
April 27, 1994
6. (Discussed later in the meeting)
7. (Discussed later in the meeting)
8. Resolution - 94-477 - Approving renewal of On Sa1e Liquor-C, Sunday On Sale Liquor,
Gambling Location-C, Entertainment-3, Off Sale Ma1t and Restaurant License by Drink
Inc., dba Pebble's Bar, 880 East 7th Street (ID #58841). (Laid over from Apri120 for
adoption.)
Adopted Yeas - 7 Nays - 0
9. Resolution - 94-478 - Approving renewal of Off Sale Liquor, Cigarette, and Original
Container License by Marthom Inc., dba Payne Avenue Liquor, 980 Payne Avenue (ID
#80727). (Laid over from Apri120 for adoption)
Adopted Yeas - 7 Nays - 0
10. Resolution - 94-479 - Approving renewal of Class III Gambling Premise Permit by Sylvan
Booster Club, 87 E Rose Ave. at Kuby's Place, 1141 Rice Street (ID #02454). (Laid over
from April 20 for adoption)
Adopted Yeas - 7 Nays - 0
11. Resolution - 94-480 - Approving renewal of various On Sale Wine and Supporting licenses
by: Grampa Tony's, 631 Snelling Avenue S. (ID # 16336); and My Choice Restaurant, 1676
Suburban Avenue (ID #47482). (Laid over from Apri120 for adoption)
Adopted Yeas - 7 Nays - 0
12. Resolution - 94-481 - Approving renewal of Off Sale Liquor License by 350 Market Street
Inc., dba The St. Paul Hotel, 350 Market Street (ID #26220). (Laid over from Apri120 for
adoption)
Adopted Yeas - 7 Nays - 0
13. Resolution - 94-482 - Approving renewal of various On Sale Wine and Supporting Licenses
by: Como Lakeside Pavilion, 1360 Lexington Parkway N. (ID #67334); and No Wake Cafe
Inc., 100 Yacht Club Road (ID #81230). (Laid over from Apri120 for adoption)
Adopted Yeas - 7 Nays - 0
14. (Discussed later in the meeting)
15. Preliminary Order - 94-527 - In the matter of constructing curb and gutter on the east side
of Griggs Street from Hewitt Avenue to Pierce Butler Route and on the North side of
Hewitt Avenue from Griggs Street to Pierce Butler Route, and setting date of public hearing
for June 8, 1994 (File # 18740).
Adopted Yeas - 7 Nays - 0
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Apri127, 1994
16. Preliminary Order - 94-528 - In the matter of sidewalk reconstruction on the west side of
North Cretin Avenue from Summit Avenue to approlcimately 212.35 feet north of Summit
Avenue, and setting date of public hearing for June 15, 1994 (File #S9428).
Adopted Yeas - 7 Nays - 0
17. Preliminary Order - 94-529 - In the matter of sidewalk reconstruction on the south side of
Dayton Avenue from Montrose Place to appro�cimately 150.1 feet west of Montrose Place,
and setting date of public hearing for June 15, 1994 (File #S9429).
Adopted Yeas - 7 Nays - 0
18. Resolution - 94-530 - Authorizing the City of Saint Paul to submit a grant application to the
Minnesota Department of Education for Youth Works/AmeriCorps community service
funds.
Adopted Yeas - 7 Nays - 0
COMMITTEE REFERRALS
19. Resolution - 94-531 - Instructing the Division of Parks and Recreation and the Public Works
Department to develop policies and procedures to remove graffiti within one week of the
department's notification that property within their control has been vandalized.
(For refenal to City Operations Committee)
Referred to City Operations Committee
20. Resolution - 94-532 - Instructing the Police Department, the Public Works Department, and
the Division of Parks and Recreation to discontinue billing neighborhood organizations for
services provided to assist them in conducting neighborhood festivals that are consistent with
the mission of their department. (For referral to the Finance & Budget Committee)
Referred to Finance & Bedget Committee
5. Resolution - 94-475- Approving the appointment by the Mayor of Molly F. O'Rourke as City
Clerk. (Laid over from Apri120 for adoption)
Councilmember Grimm questioned whether there would be any dollar requests forthcoming
with the appointments of Ms. O'Rourke and Ms. Swanson (#6 below). Councilmember
Rettman responded that these positions were fully funded in the 1994 budget.
Councilmember Grimm moved approval.
Adopted Yeas - 7 Nays - 0
6. Resolution - 94-476 - Approving the appointment by the Mayor of Frances Swanson as
Deputy City Clerk. (L,aid over from April 20 for adoption)
Councilmember Grimm moved approval.
Adopted Yeas - 7 Nays - 0
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Apri127, 1994
7. Resolution - 94-525 - Approving appointments by the Mayor to the New Americans Advisory
Committee. (To be laid over one week for adoption)
Councilmember Megard noted that there are eight non-city residents and seven city
residents. She questioned this due to the continuing emphasis on residency requirements.
She also asked if the people outside the city bring special skills that cannot be found in
people within the city.
Tom Marver, Office of Information and Complaint, responded that
these appointments were hand picked by Hoa Young, the City's Southeast Asian
representative. They are representatives from various organizations. The people from
outside the city reflect businesses and organizations within the city. Many committees
require city residency, however, this one does not.
Laid over to May 4th
14. Resolution - 94-526 - Approving application for renewal of Class III Gambling Premise
Permits by Neighborhood House Association at Herges, 981 University Avenue; Willards,
738 Thomas Avenue; and Ted's Rec, 1084 West Larpenteur Avenue (ID #02537). (To be
laid over one week for adoption)
Councilmember Thune requested that this resolution be approved at this meeting.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
21. Resolution - 94-152 - Approving the 1994-1995 Agreement between the City of St. Paul and
AFSCME, District Council 14, Local 2508. (Adopted March 9; Reconsidered and laid over
from April 6)
Councilmember Rettman stated that the AFSCME agreements are still in litigation and,
therefore, moved to lay over indefinitely.
Roll Call Yeas - 7 Nays - 0
22. Resolution - 94-153 - Approving the 1994-1995 Agreement between the City of St. Paul and
AFSCME, District Council 14, Local 1842. (Adopted March 9; Reconsidered and laid over
from April 6)
Councilmember Rettman moved to lay over indefinitely.
Roll Call Yeas - 7 Nays - 0
23. Resolution - 94-184 - Approving three-year contract between the City and the International
Alliance of Theatrical Stage Employees, Local 20. (Adopted March 9; Reconsidered and
laid over from April 6)
Pam Wheelock, Mayor's Chief of Staff, stated that the Administration recommends approval
of this resolution as there are not the same kind of issues as with the other bargaining
contracts. Also, this contract involves only two employees and Administration does not feel
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Apri127, 1994
that it would restrict the City's options with the other contracts. These employees have been
without a contract for 15 months.
Councilmember Grimm said she views the contracts as"one big piece" and did not care to
see one contract being pulled and the contracts becoming piecemeal.
Councilmember Harris disagreed also saying that the contract involves benefits and all
bene�ts should be brought in line.
Councilmember Rettman moved approval and noted that there is no family coverage
involved with the two employees. The city has not given up future bargaining, and retiree
benefits would contine to be a bargained issued since no one is close to 25 years of service
for retirement.
Harris responded to Rettman's statement saying that just because something is not going to
happen this year, it does not mean that it shouldn't be looked at now.
Grimm asked if the Council will be seeing any other contracts coming before them.
Wheelock responded that this is the only one where an agreement was reached.
Councilmember Rettman moved approval.
Adopted Yeas - 6 Nays - 1(Harris)
24. Resolution - 93-364 - Supporting the revision of duties and reinstatement of a Citizen
Participation Coordinator in the 1994 budget. (Laid over from April 13)
Councilmember Megard said she had not had a chance to review the Mayor's proposal and
moved to lay over to two weeks.
Councilmember Grimm requested a four week lay over in order to give the community
organizers a chance to review the Mayor's proposal.
Councilmember Blakey asked if there will be a mix with business organizations. Pam
Wheelock responded that the Mayor believes a link to the neighborhoods is critical. He
would like to see a relationship built between business and community. The Citizen
Participation Coordinator would work with both groups.
Councilmember Rettman said she would like to see some of the proposals offered by the
Mayor begin to be implemented as soon as possible. She pointed out that they are talking
about a portion of an existing position.
Councilmember Guerin suggested that maybe the Council should hear from the citizens
whether they want this position. If a position is going to be added, Guerin said he would
prefer that a police officer position be added.
Roll Call to lay over to May 11 Yeas - 7 Nays - 0
ORDINANCES
25. 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 and laid over for final adoption)
Councilmember Rettman moved to introduce a substitute ordinance and to lay over to May
4th.
Roll Call Yeas - 7 Nays - 0
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April 27, 1994
26. Final Adoption - 94-410 - An ordinance amending Chapter 347 of the Legislative Code by
establishing application guidelines, removing superfluous language regarding applicant
convictions, exempting dog and cat grooming facilities from pet shop licensure, and
amending rules procedures. (Public hearing held Apri120)
Councilmember Rettman moved approval
Adopted Yeas - 7 Nays - 0
27. Final Adoption - 93-1894 - An ordinance amending Chapter 81 of the St. Paul
Administrative Code pertaining to purchasing from targeted vendors by changing
certification requirements. (Finance & Budget Committee recommends approval of
Substitute. Public hearing held Apri120)
Councilmember Rettman moved approval of the substitute ordinance.
Adopted Yeas - 7 Nays - 0
28. Second 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.
L,aid over to May 4th for third reading/public hearing.
29. First 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 4th for second reading.
30. First 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 4th for second reading.
31. First 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 4th for second reading.
32. First 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 4th for second reading.
33. First 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 4th for second reading.
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Apri127, 1994
34. First 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)
Laid over to May 4th for second reading.
35. First 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 4th for second reading.
COMMITTEE REPORTS
36. 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 Attomey's
Office for review by the Council on Apri127)
Council President Thune said a request was received from the City Attorney's Of�ce to lay
this resolution over two weeks.
Councilmember Guerin moved to lay over to May llth.
Roll Call Yeas - 7 Nays - 0
PUBLIC HEARINGS
37. Third Reading - 94-459 - An ordinance amending Chapter 60 of the Saint Paul Legislative
Code pertaining to finalizing City Council action of March 23, 1994 and rezoning of Super
America located at 1082 Front Avenue from RT-1 to B-2. (Public hearing held March 23)
No one appeared in opposition.
Laid over to May 4th for final adoption.
38. Resolution - 94-541 - Approving application for a Second Hand Dealer Motor Velucle
License by Fortune Auto Sales Inc. (Shoua Kong, President), 845 South Robert Street (ID
#65870).
No one appeared in opposition. Councilmember Guerin moved approval.
Adopted Yeas - 7 Nays - 0
39. Resolution - 94-542 - Approving application, with certain conditions, for a Second Hand
Dealer Motor Vehicle and General Repair Garage License by C& C Auto Inc. (Chee
Xiong, President) 923 W. University Avenue (ID # 17348).
No one appeared in opposition. Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
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Apri127, 1994
40. Resolution - 94-543 - Approving application for a Second Hand Dealer Motor Vehicle, Auto
Body Repair Garage, and General Repair Garage License by Wilkins Fleet & Lease Inc.,
dba Wilkins Used Car Center (C.H. Wilkins, President), 1013 W. University Avenue (ID
#95899).
No one appeared in opposition. Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
41. Resolution - 94-544 - Approving application for an On Sale Liquor, Sunday On Sale Liquor
and Restaurant-B License by Costello's Inc., dba Costello's (Michael G. Costello, President),
393 Selby Avenue (ID #62728)
No one appeared in opposition. Councilmember Blakey moved approval and stated that
District 8 has indicated their approval of the liquor license.
Adopted Yeas - 7 Nays - 0
42. Resolution - 94-545 - Approving application for an On Sale Liquor-A, Sunday On Sale
Liquor, Entertainment-III, Restaurant-B and Cigarette License by Twin States Music
Company, dba Cab's Pub & Eatery (Kevin J. Anderson, President), 992 Arcade Street (ID
#65277).
Louise Martinson, 832 Lawson Avenue, appeared and said she had a concern about
adequate parking. Presently there is only about eight parking spots.
Councilmember Grimm stated that the entire neighborhood was informed of a public
hearing and at that time there was no opposition and the district council had unanimous
support. It was her understanding that all concerns were taken into account.
Frank Staffenson, Environmental Health, reported that the application has been approved
by the Building Department which means there has been a zoning review of the property.
(Councilmember Grimm left the meeting at this time to have a discussion with the owners
and Ms. Martinson. Discussion continued at the end of the meeting.)
Councilmember Grimm reported at the end of the meeting that the parties had come to an
agreement and extended a welcome to this new business on Arcade Avenue.
Councilmember Grimm moved approval.
Adopted Yeas - 6 Nays - 0(Thune not present for vote)
43. Resolution Ratifying Assessment - 94-546 - In the matter of construction of storm sewer
service connections that were requested by the property owners in conjunction with the
Edgcumbe/Bayard area projects (File #18609-3).
No one appeared in opposition. Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
44. Resolution Ratifying Assessment - 94-547 - In the matter of condemnation and taking of
right-of-way in conjunction with the Grand/St. Albans CSSP Project (File #18711E1).
No one appeared in opposition. Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
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April 27, 1994
45. Resolution Ratifying Assessment - 94-548 - In the matter of taking permanent utility
easement in conjunction with the Eustis/Franklin CSSP Project (File #18720E1).
No one appeared in opposition. Councilmember Megard moved approval
Adopted Yeas - 6 Nays - 0
46. 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).
Duane Berglund, McKenzie Repair, said he is leasing the property at the end of the
construction zone. He said his company will be without a parking facility for their 15
employees.
Council President Thune suggested the resolution be laid over and Council will have Larry
Buegler, Director of PED, get in touch with Mr. Berglund.
Councilmember Megard moved to lay over to May llth.
Roll Call Yeas - 6 Nays - 0
47. Final Order - 94-516 - In the matter of sidewalk reconstruction for the south side of Larry
Ho Drive from S. Winthrop Street to Michael Street (File #S9407). (Laid over from April
20)
No one appeared in opposition. Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 0
48. Final Order - 94-517 - In the matter of sidewalk reconstruction for both sides of Mitchell
Avenue from S. Winthrop Street to Michael Street (File #59408). (Laid over from April
20)
No one appeared in opposition. Councilmember Guerin reported that he and Tom Keefe of
Public Works met with people in the neighborhood who had concerns. The assessment is
for the maximum amount of work that may be required. Not in all cases is every panel
replaced.
Mr. Keefe added that the assessment is only for the work that is actually performed.
Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 0
49. Final Order - 94-519 - In the matter of sidewalk construction (new) and/or reconstruction
for both sides of Powers Avenue from S. Winthrop Street to Michael Street (File #S9410).
(Laid over from April 20)
No one appeared in opposition. Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 0
50. Final Order - 94-521 - In the matter of sidewalk reconstruction for the east side of Waukon
Avenue from E. Seventh Street to Stillwater Avenue (File S#9412). (L.aid over from April
20)
No one appeared in opposition. Councilmember Guerin moved approval,
Adopted Yeas - 6 Nays - 0
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Apri127, 1994
51. Final Order - 94-414 - In the matter of improving Sherwood Avenue from Westminster
Street to approximately 325 feet west of Westminster Street (File #18736). (Laid over from
April 6)
Councilmember Rettman stated that as neighbors have been leaving there were discussions
on whether or not there could be some negoitations with one of the churches. Therefore,
she requested that Items 51, 52 & 53 be withdrawn.
Councilmember Rettman moved to withdraw
Roll Call Yeas - 6 Nays - 0
52. Final Order - 94-416 - In the matter of condemning and taking an easement in the land
necessary for improving Sherwood Avenue from Westminster Street to approximately 325
feet west of Westminster Street (File # 18736-5). (Laid over from April 6)
Councilmember Rettman moved to withdraw the final order.
Roll Call Yeas - 6 Nays - 0
53. Final Order - 94-415 - In the matter of installation of public water main and service
connections in Sherwood Avenue from Westminster Street to approximately 400 feet west of
Westminster Street (File # 18736-W). (Laid over from April 6)
Councilmember Rettman moved to withdraw the �nal order.
Roll Call Yeas - 6 Nays - 0
54. Final Order - 94-550 - In the matter of sidewalk reconstruction with retaining wall and
integral curb on the south side of E. Fourth Street from approximately 100 feet east of
Wacouta Street to approximately 150 feet east of Wacouta Street (File #S9413).
Council President Thune requested a four week lay over stating that the Co-op is up for
financing this year and there is a concern about having a lien on improvements. There is
also an issue of safety and needs to be dealt with soon.
Councilmember Rettman moved to lay over to May 25th.
Roll Call Yeas - 6 Nays - 0
(Councilmember Grimm returned at this time)
55. 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)
Councilmember Blakey moved to lay over to May 4.
Roll Call Yeas - 7 Nays - 0
(Councilmember Grimm left the meeting at this time)
56. Resolution - 94-552 - Ordering the owner(s) to repair or remove the building at 609
Magnolia Avenue within €i€�ee� (�3-} ���::::��:� days from the adoption of resolution.
(Legislative Hearing Officer recommends� approval)
No one appeared in opposition. Councilmember Rettman said that the Fire Department
has looked at this building and it's felt it is a dangerous situation in the event there would
be a fire.
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Apri127, 1994
Councilmember moved approval with an amendment to repair or remove the building within
fiv days rather than 15.
Adopted as amended Yeas - 6 Nays - 0
(Councilmember Grimm retumed at this time)
57. Public Hearing in the matter of rezoning property owned by Jerome Koslowski located at
649-651 E. Ivy Avenue from B-1 (commercial) to RT-2 (residential) to allow a triplex.
Staff noted that the Planning Commission has recommended denial of the rezoning. The
Council has the option to adopt the findings of the Planning Commission or make its own
findings.
Councilmember Guerin questioned if there is a process for the property owner to make an
appeal before the City Council.
Katie Dadlez, PED, responded that this is the normal procedure for rezoning. The
ordinance will follow.
Councilmember Grimm moved to lay over to May llth as the property owner was out of
town and unable to attend the meeting.
Roll Call Yeas - 7 Nays - 0
58. Public Hearing in the matter of rezoning property owned by Tim Madden located at 865
Front Avenue from B-2 (commercial) to RM-2 (residential) to allow residential use of the
entire building.
No one appeared in opposition. Councilmember Rettman moved approval.
Motion of intent adopted Yeas - 7 Nays - 0
(Corresponding ordinance will appear on a subsequent agenda) "
59. Public Hearing in the matter of rezoning property owned by Mark and Mike Fuhr located at
399 Ruth Street from OS-1 (commercial) to P-1 (paxking) to allow for a parking lot.
No one appeared in opposition. Councilmember Guerin moved approval.
Motion of intent adopted Yeas - 7 Nays - 0
(Corresponding ordinance will appear on a subsequent agenda)
60. Public Hearing to consider an application from Skarphol Construction Group for a Noise
Variance for demolition work at American Bank, 101 East Sth Street. (Laid over from April
20)
Council President Thune requested a two week lay over in an attempt to work out an
acceptable solution with all people affected by this work.
Councilmember Guerin moved to lay over to May llth.
Roll Call Yeas - 7 Nays - 0
Councilmember Guerin moved to adjourn the meeting.
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AD R D 4: .
ounci P esi n avid Thune
ATTEST:
Minutes approved by Council
Nancy An on � 1
Assistant Council Secretary
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