Minutes 04-20-1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
APRIL 20, 1994
3:30 P.M. Room 330 City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order by Council President Thune at 3:40 p.m.
Members present - 7- Blakey, Grimm, Harris, Guerin, Megard, Rettman, Thune
Members absent - 0
CONSENT AGENDA
Councilmember Grimm requested that item #26 be removed for discussion.
Councilmember Blakey requested that items #28 and 32 be removed for discussion.
FOR ACTION
1. Claims of Marianne Howard, Ashok Sabherwal, and Heide Shultis & Thomas Shultis
Referred to City Attorney's Ofice
2. Summons and Complaint in the matter of Frank J. Bruns, et al, vs the City of St. Paul, et al.
Referred to City Attorney Office
3. Summons and Complaint in the matter of Denise Betty Mickelson vs the City of St. Paul et
al.
Referred to City Attorney's Office
4. Letter from the Department of Planning and Economic Development, Planning Division,
setting date of Public Hearing for April 27, 1994, in the matter of rezoning property from B-
2(commercial) to RM-2 (residential) to allow residential use of the entire building at 865
Front Avenue by Tim Madden.
5. Letter from the Department of Planning and Economic Development, Planning Division,
setting date of Public Hearing for April 27, 1994, in the matter of rezoning property from
OS-1 (commercial) to P-1 (parking) to allow a parking lot at 399 Ruth Street by Mark &
Mike Fuhr.
6. Letter from the Valuation Engineer recommending date of Public Hearing for May 4, 1994,
in the petition of Paul E. Hanson, et al, for the vacation of the alley in Block 2, Scherer's
Subdivision, bounded by Prosperity, Hazelwood and E. Ivy.
7. Letter from the Valuation Engineer recommending date of Public Hearing for May 18, 1994,
in the petition of Jane E. Amlee, James E. Hiber, and Scott V. and Anett M. Vasterling for
the vacation of the alley in Block 9, Rice Street Villas Subdivision, bounded by Marion,
Woodbridge and Ivy.
8. Letter from Saint Paul Public Health declaring 580 Charles Avenue as "nuisance property".
(For notification purposes only; public hearing will be scheduled at a later date if necessary.)
Apri120, 1994
9. Letters from Ramsey County Property Records and Revenue transmitting Abatement
Applications AM 94-2195 (155 Wabasha Street); AB 94-2052 (2110 Ford Parkway); AC 93-
1132 (175 Concord Street); AC 93-1164 (559 State Street); and AY 94-2191 (Commerce
Building) for reduction of assessed valuation of real estate. (Real Estate Division
recommends approval)
10. Resolution - 94-475- Approving the appointment by the Mayor of Molly F. O'Rourke as City
Clerk. (To be laid over one week for adoption)
Laid over to April 27
11. Resolution - 94-476 - Approving the appointment by the Mayor of Frances Swanson as
Deputy City Clerk. (To be laid over one week for adoption)
Laid over to April 27
12. Resolution - 94-418 - Approving application for renewal of Off Sale Liquor and Original
Container License applied for by Kal-Bon, Inc., dba Park Liquor Co. located at 140 N.
Snelling. (ID # 13640) (Laid over from April 13 for adoption)
Adopted Yeas - 7 Nays - 0
13. Resolution - 94-477 - Approving renewal of On Sale Liquor-C, Sunday On Sale Liquor,
Gambling Location-C, Entertainment-3, Off Sale Malt and Restaurant License by Drink
Inc., dba Pebble's Bar, 880 East 7th Street. (ID #58841) (To be laid over one week for
approval.)
Laid over to April 27
14. 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) (To be laid over one week for adoption)
Laid over to Apri127
15. 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) (To be laid
over one week for adoption)
Laid over to April 27
16. 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). (To be laid over one week for adoption)
Laid over to April 27
17. 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) (To be laid over one week
for adoption)
L.aid over to April 27th
Apri120, 1994
18. 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) (To be laid over one week for adoption)
Laid over to April 27th
19. Resolution Approving Assessment - 94-483 - In the matter of sidewalk reconstruction on
both sides of Euclid Street from C�+press Street to Earl Street, and setting date of public
hearing for June 8, 1994. (File #59315)
Adopted Yeas - 7 Nays - 0
20. Resolution Approving Assessment - 94-484 - In the matter of sidewalk reconstruction on the
south side of Margaret Street from Hancock Street to Gotzian Street, and setting date of
public hearing for June 8, 1994. (File #59316)
Adopted Yeas - 7 Nays - 0
21. Resolution Approving Assessment - 94-485 - In the matter of sidewalk reconstruction on
both sides of East Third Street from North Howard Street to North McKnight Road, and
setting date of public hearing for June 8, 1994. (File #59317)
Adopted Yeas - 7 Nays - 0
22. Resolution Approving Assessment - 94-486 - In the matter of sidewalk reconstruction on
both sides of Brimhall Street from Niles Avenue to Hartford Avenue, and setting date of
public hearing for June 8, 1994. (File #S9318)
Adopted Yeas - 7 Nays - 0
23. Resolution Approving Assessment - 94-487 - In the matter of improving Capp Road from
Vandalia Street to approximately 416 feet east of Vandalia Street, and setting date of public
hearing for June 8, 1994. (File #18679)
Adopted Yeas - 7 Nays - 0
24. Resolution Approving Assessment - 94-488 - In the matter of installing a water main in
Capp Road from Vandalia Street to approximately 416 feet east of Vandalia Street, and
setting date of public hearing for June 8, 1994. (File #18679-W)
Adopted Yeas - 7 Nays - 0
25. Preliminary Order - 94-489 - In the matter of condemning and taking all property and
easements necessary to construct and maintain a holding pond for the Grand/St. Albans
Sewer Project, and setting date of public hearing for June 8, 1994. (File #18711E2)
Adopted Yeas - 7 Nays - 0
26. (Discussed later in the meeting)
3
April 20, 1994
27. Resolution - 94-491 - Amending the term expiration dates of the appointments, made by the
Mayor, to the Police Civilian Internal Affairs Review Commission to coincide with the
revised "sunset" date for the Commission.
Adopted Yeas - 7 Nays - 0
28. (Discussed later in the meeting)
29. Resolution - 94-493 - Approving payment of $2,700.00 to Alan and Geva Thole from the
Tort Liability Fund in full settlement of their claim.
Adopted Yeas - 7 Nays - 0
30. Resolution - 94-494 - Authorizing Saint Paul Public Health to make grant proposals to
funding organizations for the purpose of funding the comprehensive program "Healthy
Weight, Healthy Kids".
Adopted Yeas - 7 Nays - 0
31. Resolution - 94-495 - Authorizing proper City of�cials to execute an agreement with the
State Department of Education for continuation of the lending library relationship with the
Division of Libraries.
Adopted Yeas - 7 Nays - 0
32. (Discussed later in the meeting)
33. Resolution - 94-497 - Releasing $125,000 of 1994 CIB bond funds from Council Specified
Contingency for construction plan specifications for the building of a new East Side facility
for the Boys and Girls Club of Saint Paul at Sackett Recreation Center.
Adopted Yeas - 7 Nays - 0
26. Resolution - 94-490 - Recognizing all students who submitted art work based on the theme
"My World in Colors" to the Children's Art Program.
Councilmember Grimm read the resolution and extended congratulations on behalf of the
City Council.
Gina Spencer, Government Community Affairs Manager for North Central Region 3M
National Advertising, extended her appreciation on behalf of 3M for the opportunity to be
present and for the opportunity to conduct the pilot art program in St. Paul this year. They
will be conducting the program between St. Paul and Minneapolis over the years and look
forward to partnerships with other entities in the Twin Cities.
Bonnie Peterson, 3M East Side Site Community Outreach Coordinator, also spoke on behalf
of the program and extended her appreciation.
Councilmember Grimm moved approval.
Adopted Yeas - 7 Nays - 0
4
Apri120, 1994
28. Resolution - 94-492 - Authorizing submission of an application for an Economic Recovery
Grant from the State of Minnesota to assist Brown and Bigelow, Inc.
Councilmember Blakey questioned whether there is a certain criteria set when grants are
being sought for businesses in St. Paul such as something that will be on the tax rolls,
whether jobs will be added and how many of the jobs are within St. Paul.
Councilmember Rettman stated that this request came in last year but a new resolution had
to be prepared when Mayor Coleman came into office. Brown and Bigelow wants to
upgrade their printing presses and they are looking for a partnership. It will include job
retention and there is also a long-term clause. She said she will distribute to all
Councilmembers the complete packet on what transpired previously with regard to job
retention, job growth, etc. for Brown and Bigelow. Rettman said she feels the topic of grant
applications is something that should be discussed in the Community and Economic
Development (CED) Committee at sorne time in order to set a threshold.
Blakey questioned how many of the Brown and Bigelow employees live in St. Paul. If St.
Paul is going to provide assistance, and to insure that the City is helping itself, this should be
a criteria considered as well as how many of the jobs are in St. Paul.
Councilmember Guerin responded that when this was approved by the HRA, information
was available on the number of employees who live in St. Paul.
Councilmember Grimm agreed that this is another policy area that should be looked at in
CED.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
32. Resolution - 94-496 - Amending the 1994 budget by adding $40,000 of grant money received
from the State of Minnesota, Department of Public Safety, to the Financing and Spending
Plans in the Police Department, Office of Chief, to create a Municipal C�rfew Enforcement
program.
Councilmember Blakey asked if the curfew enforcement program is a city-wide program.
Council President Thune responded that this information will be obtained and distributed to
Councilmembers.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
34. Resolution - 94-458 - Approving application for renewal of various On Sale Liquor and
Supporting Licenses (ID #15986-83663) by: Schwietz's Bar, 956 Payne Avenue; Reaney's
Bar, 870 Payne Avenue; Chuck's Bar, 901 Payne Avenue; Shannon Kelly's, 395 Wabasha
Street North; Chang O'Harra's Bistro, 498 Selby Avenue; Governor's, 959 Arcade Street;
(Laid over from April 13 for adoption)
Councilmember Grimm moved approval of the resolution with the exception of Chuck's Bar,
901 Payne Avenue to be laid over to May 4th. The district council and the business
5
April 20, 1994
association have requested that they be allowed to discuss this issues at their upcoming
meetings.
Douglas Meslow, attorney for Chuck's Bar, appeared and said he no objection to the
motion.
Adopted as amended Yeas - 7 Nays - 0
35. Resolution - 94-498 - Approving a joint settlement of three lawsuits with the Saint Paul
Police Relief Association, the Minnesota Public Employees Retirement Association (PERA),
and the Saint Paul Police Retirement Association regarding Police Pension Fund/PERA
Consolidation.
Pam Wheelock, Mayor's Chief of Staff, stated that negotiations took place recently in an
attempt to settle the outstanding issues and move forward with consolidation. A significant
budget savings is anticipated for 1994 and 1995. She encouraged the Council to adopt the
settlement agreement and to move forward with �nalizing the consolidation of the Police
Relief Association with PERA.
Councilmember Harris pointed out that costs will be increasing for the City by settling in
this way.
Councilmember Guerin pointed out that the payment to PERA will come from the accrued
assets of the Relief Association Fund. He suggested that some of the dollars be put in
contingency reserve to offset the increased payment.
Ms. Wheelock disagreed with the reference to this being an additional cost saying that
originally the City was appealing the ruling. The burden would be on the City to prove that
the ruling was inappropriate or incorrect. Further, the projections on the savings are
directly dependent on the election of inembers and the notification from the State on the
City's obligation, which won't be received until about November. It may be premature to
assume with reliability, or to make any changes in the budget, that there will be a million
dollars available. Also, since the legislative session is not completed, St. Paul does not know
what its local government aid will be for 1994. There is speculation that there may not be
an approved tax bill in which case the City would revert back to existing state statute and
could be subjected up to a$1.6 million loss in local government aid. She suggested adding
language expressing the Council's intent and then resolve it once the LGA is certain for
1994 and what the obligation will be for this account for 1994. Ms. Wheelock further
suggested that the Council make a specific budget decision when either a mid-year or year-
end budget resolution is prepared.
Councilmember Megard asked for clari�cation on the difference between the $70,000 and
the $113,00 and the apparent discrepancy.
Ms. Wheelock said she would not call it a discrepancy but rather it depends on the
assumptions that are used. The assumption for the $113,000 was based on the same kind of
election between PERA and the Relief Association as was used in the actuarial report
received by the Council in 1993. The lower numbers are based on a minimum/maximum
obligation, if all elect PERA or all elect the Relief Association, for calculation of future
benefit increases.
Megard said she wants the public to understand that the City is not able at this point to say
that it will be a specific amount but it will depend on the choices the retirees make.
Harris said he wants to see that, if there is a settlement and there is some savings, the City
6
April 20, 1994
will take care of itself �nancially by setting some money aside.
Ms. Wheelock suggested that the following language be added to the resolution: "Whereas,
the Council approves this settlement in order to achieve budget savings in 1994 and 995,
and; Whereas, the Council hereby expresses its intent to designate some portion of the
savings in the fund balance in order to fund future amortization costs, and that decision will
be made during 1994 and 1995 budget deliberations.
Councilmember Harris moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
ORDINANCES
36. Final Adoption - 93-1757 - An ordinance amending Chapter 45 of the Legislative Code
pertaining to nuisance abatement by making vermin feeding a nuisance consistent with
Section 45.03. (City Operations Committee recommends approval as amended. Public
hearing held April 13, 1994.)
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
37. Final Adoption - 94-380 - An ordinance to further amend Chapters 23 and 24 of the
Administrative Code concerning the participation of Councilmembers in the collective
bargaining process. (Public hearing held April 13, 1994.)
Councilmember Rettman moved approval.
(Councilmember Guerin left and returned during this discussion)
Timothy Marx, City Attorney, distributed an outline summarizing some of the relevant
conflict of interest laws that lead to the necessity for this ordinance. The outline will be in-
corporated into a larger document that will be available for the Council's review and
discussion at a later time. If there is no �nancial interest involved, there is no need to be
concerned about conflict of interest. There are two types of financial interests to be
concerned about; one is a general financial interest in a non-contractual matter such as a
licensing or zoning matter. The other is a�nancial interest in a contractual matter such as a
collective bargaining agreement which is a speci�c ordinance before the Council. In all
areas, the particular facts of a situation need to be looked at. There would be a clear
financial interest if a Councilmember had a business that came to the Council requesting a
license. In such a case, the Councilmember could abstain from participation. If a
Councilmember is an owner or major shareholder in a business, and there is going to be a
contract with that business, that would be a clear �nancial interest. It is less clear if a
Councilmember is strictly an employee of the business and difficult to link any financial
interest to the Councilmember as an employee.
Ms. Marx continued saying that with this ordinance the concern is with a situation where
there could be a financial interest in a contract; a Councilmember who is or may be a
member of a collective bargaining unit. If the City is entering into a contract with that
particular bargaining unit, there is a financial interest. There is a specific state statute that
deals with a situation where a Councilmember would have a financial interest in a contract.
This statute applies only to local officials and it prohibits a situation where Councilmembers
are authorized to participate in a contract in which they have a natural interest. If a
7
Apri120, 1994
contract is entered into, and a Councilmember who has a financial interest participates,
there are two consequences; one is to the City where there is the potential for the contract
to be determined void. The other one is to the affected Councilmember where the statute
provides that it is a gross misdemeanor charge.
The statute has two parts - the authorization to participate and financial interest - and there
are two ways to deal with the problem under the statute. One is to take away a Council-
member's authority to participate in the collective bargaining process. This was done in
January and the ordinance became effective on April 12th. The other is to allow a
Councilmember to participate but take away the possibility of financial benefit. That is the
ordinance before the Council at this time. If a Councilmember elects to participate, that
person would enter into a waiver that will be approved by the City Attorney which will take
away the possibility of a financial interest in the contract with the bargaining unit to which
they may belong or have rights to belong if on leave of absence. That waiver will be
structured individually depending upon the circumstances to make sure that any possibility
of a�nancial interest can be removed. Any reductions that are voted on by the Council
would have to be accepted by the affected Councilmember.
A brief discussion ensued.
Councilmember Guerin moved approval.
Adopted Yeas - 5 Nays - 2(Blakey, Megard)
38. Final Adoption - 93-1449 - An ordinance amending Chapter 45.03, Subd. 8 of the Legislative
Code pertaining to obstructions over public sidewalks as it relates to nuisances. (City
Operations Committee recommends approval. Public hearing held April 13, 1994.)
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
39. Final Adoption - 93-1473 - An ordinance amending Chapter 45.03, Subd. 9 of the Legislative
Code pertaining to open sewer lines and connections as it relates to nuisances. (City
Operations Committee recommends approval. Public hearing held April 13, 1994.)
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
40. Second 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)
Laid over to April 27th for third reading/public hearing
41. First 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.
Laid over to April 27th for second reading
42. First Reading - 94-500 - An ordinance amending Chapter 310 of the Saint Paul Legislative
Code relating to procedures for renewal of Class III licenses. (City Operations)
Referred to City Operations Committee
8
Apri120, 1994
PUBLIC HEARINGS
43. Third Reading - 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.
No one appeared in opposition.
Laid over to April 27th for �nal adoption
44. Third Reading - 93-1894 - An ordinance amending Chapter 81 of the St. Paul Administrative
Code pertaining to purchasing from targeted vendors by changing certi�cation requirements.
(Finance & Budget Committee recommends approval of Substitute)
No one appeared in opposition.
Councilmember Blakey asked when the Council would receive an update as to the
effectiveness of the certification change and the targeted vendor program.
Linda Camp, Purchasing, responded that her office will be reporting back hopefully by
September.
Laid over to April 27th for �nal adoption
(Councilmember Rettman left the meeting at this time)
45. Resolution Ratifying A.ssessment - 94-468 - In the matter of sidewalk reconstruction for both
sides of Dayton Avenue from Fisk Street to N. Victoria Street. (File #59214) (Laid over
from April 13)
No one appeared in opposition. Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
(Councilmember Harris left the meeting at this time)
46. Resolution - 94-501 - Making certain determinations and �ndings necessary to acquire
vacant lots at 602 Sims Avenue, 597-599 York Avenue, and 603 York Avenue under the
East Side Neighborhood Development Corporation, Urban Revitalization Program, through
eminent domain and quick take.
No one appeared in opposition. Councilmember Grimm moved approval.
Adopted Yeas - 5 Nays - 0
(Councilmember Rettman and Harris returned at this time)
47. Resolution - 94-502 - Approving application for a Parking Lot/Parking Ramp License by
Bradley Real Estate Trust, dba Spruce Tree Centre Municipal Ramp, (E. Lawrence Miller,
President), 1600 W. University Avenue. (ID #31496)
No one appeared in opposition. Councilmember Megard questioned what the reason was
that this resolution was before the Council.
The property manager of the Spruce Tree Office Center appeared and stated that there is a
new owner which is the reason for the application.
Councilmember Megard moved approval
Adopted Yeas - 7 Nays - 0
9
Apri120, 1994
(Councilmember Grimm left the meeting at this time)
48. Resolution - 94-503 - Approving application for a Second Hand Dealer-Single Location and
Firearms License by Joe's Sporting Goods-Ski Shop, Inc. (James T. Rauscher, Vice
President), 935 North Dale Street. (ID #38967)
No one appeared in opposition. Councilmember Rettman explained that this is could be
considered a license transfer. The previous business owner and license holder is deceased
and the application is by the son of the deceased.
Councilmember Rettman expressed her gratitude for the many year Joe's Sporting Goods
has been in her ward.
James Rauscher, license applicant, introduced himself and said a few words.
Councilmember Rettman moved approval.
Adopted Yeas - 6 Nays - 0
49. Resolution - 94-504 - Approving application for a new State Class B Gambling Premise
Permit by Catholic Charities at Grand Tavern, 656 Grand Avenue. (ID #B-02466)
No one appeared in opposition. Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
50. Resolution - 94-505 - Approving application for a new Gambling Manager's License by
Rosemary Schwartzwald, dba Catholic Charities at Grand Tavern, 656 Grand Avenue. (ID
#92359)
No one appeared in opposition. Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
51. Resolution - 94-506 - Approving application for a new State Class B Gambling Permit by
Big Brothers/Big Sisters of Greater St. Paul at Rice Street VFW, 1134 Rice Street. (ID #B-
03508)
No one appeared in opposition. Councilmember Rettman moved approval.
Adopted Yeas - 6 Nays - 0
52. Resolution - 94-507 - Approving application for a new Gambling Manager's License by
Mildred Carlson, dba Big Brothers/Big Sisters of Greater St. Paul at Rice Street VFW, 1134
Rice Street. (ID #76961)
No one appeared in opposition. Councilmember Rettman moved approval.
Adopted Yeas - 6 Nays - 0
53. Resolution - 94-508 - Approving application for a new State Class B Gambling Premise
Permit by Como Area Youth Hockey at Schwietz's Bar, 956 Payne Avenue. (ID #B-00116)
No one appeared in opposition. Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 0
10
Apri120, 1994
54. Resolution - 94-509 - Approving application for a new Gambling Manager's License by
Michael Plasch, dba Como Area youth Hockey, at Schwietz's Bar, 956 Payne Avenue. (ID
#66713)
No one appeared in opposition. Councilmember Guerin moved approval.
Adopted Yeas - 6 Nays - 0
55. Final Order - 94-510 - In the matter of sidewalk reconstruction for both sides of W.
Montana Avenue from N. Grotto Street to N. Avon Street. (File #S9401)
No one appeared in opposition. Councilmember Rettman moved approval.
Adopted Yeas - 6 Nays - 0
56. Final Order - 94-511 - In the matter of sidewalk construction (new) for the southwest side of
Madison Street from West Seventh Street to Rockwood Avenue (File #59402)
No one appeared in opposition. Councilmember Rettman moved approval.
Adopted Yeas - 6 Nays - 0
57. Final Order - 94-512 - In the matter of sidewalk reconstruction for both sides of Sherbume
Avenue from N. Snelling Avenue to Fry Street. (File #59403)
No one appeared in opposition. Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
58. Final Order - 94-513 - In the matter of sidewalk reconstruction for the east side of Simpson
Street from Charles Avenue to Edmund Avenue. (File #S9404)
No one appeared in opposition. Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
59. Final Order - 94-514 - In the matter of sidewalk reconstruction for both sides of Nokomis
Avenue from Ames Avenue to E. Magnolia Avenue. (File #59405)
No one appeared in opposition. Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
60. Final Order - 94-515 - In the matter of sidewalk reconstruction for both sides of York
Avenue from Edgerton Street to Payne Avenue. (File #59406)
No one appeared in opposition. Councilmember Rettman moved approval.
Adopted Yeas - 6 Nays - 0
(Councilmember Grimm returned at this time)
61. 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)
Councilmember Guerin said he would like Items 61, 62, and 64 laid over in order that he
and staff from Public Works can meet with the neighbors to discuss their concerns before
there is a vote on the final order.
Councilmember Guerin moved to lay over to April 27th.
Roll Call Yeas - 7 Nays - 0
11
April 20, 1994
62. Final Order - 94-517 - In the matter of sidewalk reconstruction on both sides of Mitchell
Avenue from S. Winthrop Street to Michael Street. (File #S9408)
Councilmember Guerin moved to lay over to Apri127th.
Roll Call Yeas - 7 Nays -0
63. Final Order - 94-518 - In the matter of sidewalk reconstruction for the east side of Nortonia
Avenue from Pedersen Street to Escanaba Avenue. (File #59409)
No one appeared in opposition. Councilmember Guerin moved approval.
Adopted Yeas - 7 Nays - 0
64. 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)
Councilmember Guerin moved to lay over one week.
Roll Call Yeas - 7 Nays - 0
65. Final Order - 94-520 - In the matter of sidewalk reconstruction for the south side of E.
Third Street from Flandrau Street to N. White Bear Avenue. (File #59411)
No one appeared in opposition. Councilmember Guerin moved approval.
Adopted Yeas - 7 Nays - 0
66. 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)
Omar Sperling, 2204 Waukon Avenue, appeared before the Council. He said he and his
wife feel their sidewalk is still in good condition.
Tom Keefe, Public Works, stated that this is a maintenance type of order. Public Works
went to this area to inspect based on three complaints. There are five cracked panels in the
sidewalk on Mr. Sperling's property. Mr. Keefe requested a one week layover in order to
attempt to resolve the differences.
Councilmember Guerin moved to lay over to April 27th.
Roll Call Yeas - 7 Nays - 0
67. Final Order - 94-522 - In the matter of improving Randolph Avenue from I-35E to W.
Seventh Street by grading and paving with a bituminous surface, constructing concrete curb,
gutter, driveway aprons and outwalks, placing topsoil and sodding boulevards, constructing a
new storm sewer, installing lantern style lighting system, reconstructing existing sidewalk on
both sides of Randolph Avenue from Milton Street to I-35. (File # 18737)
Councilmember Rettman noted that the improvements for Randolph Avenue were included
during the 1994 budget deliberations.
No one appeared in opposition. Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
71. 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
Phat Duc Ly, dba Serena's Restaurant, 501 West University Avenue.
Phil Byrne, Assistant City Attorney presented the findings and recommendations of the
12
Apri120, 1994
administrative law judge. The restaurant was closed December 27, 1993 by emergency
closure. A hearing is required within two business days of an emergency closure. No one in
a position of authority responded to the hearing and the closure hearing was continued to
January 11. At that hearing no one appeared for the license holder and a full scale hearing
was set on the licenses. After that hearing, the administration law judge recommended
revocation of the license. It was felt that the license holders walked away from the business
and are not interested in pursuing it.
Councilmember Megard moved to accept the AI.J report. A resolution will be forthcoming.
Roll Call Yeas - 7 Nays - 0
68. Resolution - 94-523 - Concerning adverse action against licenses held by C.L. Hinze Inc.,
dba Chuck's Bar, 901 Payne Avenue. (Uncontested)
Phil Byrne, Assistant City Attorney, noted that the attorney for the license holder requested
a delay. The position of the City Attorney's Office is that they proceed with the matter as
they feel there is no basis for a continuation.
Testimony was taken from Doug Meslow, attorney for Chuck's Bar. He requested a layover
stating that there are some charges and issues that appeared to be ambiguous and he and
his client would like the opportunity to gather information to clarify the police reports.
The facts and findings, based on the police reports were presented by Phil Byrne. He said it
is the opinion of the Attorney's Office that there is sufficient material in the police reports
for the Council to make an informed judgment at this time. In December, 1993, a sale of
liquor was made to an intoxicated person. That case went through an AL.J hearing and a
penalty was imposed. Therefore, that case makes this matter a second appearance by the
license holder in 18 months. Charges against the license holder were refusal to allow police
admission to the premises. Under the matrix, the presumptive penalty is a 15 day
suspension.
Councilmember Grimm moved to accept the facts, �ndings and letter of waiver.
Roll Call Yeas - 7 Nays - 0
Public testimony was taken from David Newton, 677 York Avenue, representing the Upper
York Block Club and a member of the District 5 Council. He questioned if more than a 15
day penalty could be imposed. Council President Thune responded in the affirmative but
said the Council would have to justify it by evidence that shows extraordinary circumstances
as to why they would deviate from the matrix. He spoke in favor of at least a 15 day
suspension saying that the neighbors would like to see a message sent that they expect the
bar and its patrons to be more respectful of the families in the neighborhood. The Upper
York Block Club and District 5 Council are willing to meet with Mr. Hinze.
Jan Morlock, East Side Neighborhood Development Company, 907 Payne Avenue, said the
work of this organization is for economic revitalization. The effect of perceived violence, or
heightened police activity in the neighborhood works against the economic development
work that should happen in this area. She encouraged the Council to exercise the sanctions
that will transmit the appropriate message for operating a business in a community.
Greg Auge, Payne Avenue Business Association, said the Association welcomes the
opportunity to work with Chuck's Bar. On behalf of the Association he encouraged the
Council to impose the suggested 15-day suspension.
13
Apri120, 1994
After a brief discussion, Councilmember Grimm moved for a penalty of suspension for 15
consecutive days commencing on May lst.
Roll Call Yeas - 7 Nays - 0
69. Public hearing to consider the request by Hoyt Development Company to remove the
variance condition requiring free parking in a parking ramp at 2139 Ford Parkway.
(Councilmember Grimm left the meeting during this discussion)
Marv Bunnell, PED, provided background information stating that a previous developer
sought variances for a commercial structure which included the six level parking ramp which
is at issue. In September of 1983 the City Council considered an appeal on a previous
decision of the Zoning Board and the Council added more conditions which still required
free parking in the ramp as a condition of granting the variance. In March of 1985 the
variance condition was again clarified by the City Council. It specified that there would be
free parking in the ramp between the hours of 6:00 a.m. and 11:00 p.m. The second
condition is part of the approval of a site plan which went through the Planning Commission
and the City Council. In October of 1986, the Council also gave approval of the site plan on
the same requirement of free parking in the ramp. In the late 1980s when the Resolution
Trust Corporation seized the assets of Midwest Federal Bank, this property was included as
assets of the bank and ownership of the property was held up in litigation for about four
years. When the ownership of the property was decided, the title company was forced to
pay the outstanding bills for the property, the property was then auctioned off, and the
applicant became the contract purchaser. In late February the applicant requested that the
Board of Zoning Appeals recommend to the City Council that the previous Board of Zoning
Appeals resolutions 94-09 and 99-73 as amended by the City Council be further amended to
remove the free parking requirement and that deed restriction requiring free parking also be
removed. On March 21, 1994 the Board of Zoning Appeals held a public hearing on the
matter of the parking ramp. It was noted at that hearing that the property has been vacant
for several years and has suffered signi�cant damage. The applicant is required to invest
more capital in the property in order to put it back on the tax rolls. Other costs are also
anticipated and the applicant would like to offset these costs by a modest hourly parking fee.
Further, the applicant wishes to provide adequate parking for retail tenants in the building
and to insure sufficient parking for the customers.
At the hearing, neighboring property owners expressed concerns regarding anticipated
negative impacts including more traffic and cars parked on the streets with the proposed
change. At the close of the public hearing, the Board of Zoning Appeals voted 4-3 to
recommend approval of the request to change the resolutions and that the deed restriction
also be changed subject to two conditions: First, that the applicant meet with the neighbors
and the Highland Area Community Council to address the concerns of the neighboring
property owners. Second, that owners of the five adjacent properties, named in the deed
restrictions, agree to removal of the free parking requirement.
Tony Shertler, Legislative Aide to Councilmember Harris, provided an outline of an
agreement the neighbors have reached with Fred Hoyt, the developer. The agreement was
discussed with the City Attorney to determine how to make it workable. He noted the items
that can be added to the variance and the site plan request when the free parking is
14
April 20, 1994
removed. The City Attorney also advised that Public Works can be directed to work with
the applicant which is indicated in a separate resolution. There are other items that the
neighbors have agreed to but which are outside the scope of the City's involvement and _
need to be worked out with Mr. Hoyt.
Mr. Fred Hoyt, Developer, appeared before the Council. He said he has worked with the
Resolution Trust Corporation for a number of years. He is requesting that the convent be
removed because it inhibits the value of the property in terms of mortgageability and
salability and inhibits his ability to operate the ramp. The ramp is 14 years old and
improvements will be required. Mr. Hoyt said he has agreed to repave the alley and see
that it drains correctly.
Barbara Spangenberg, 2130 Pinehurst, appeared before the council and asked that Public
Works see that the work is carried out. The neighbors' aim has been to work with the
developer and maintain the neighborhood. There are eight covenant holders and they are
requesting that lighting be installed on the north side of the building and that the exterior of
the building be improved.
Councilmember Harris moved approval with variances #3, 6, and 7 as presented.
Motion of Intent approved Yeas - 6 Nays - 0
Councilmember Harris moved for suspension of the rules to introduce the following
resolution.
Roll Call Yeas - 6 Nays - 0
(Councilmember Grimm returned during this discussion)
Resolution 94-524 - Directing St. Paul Public Works Department to work with the developer
of the Ford Mall, 2123 Ford Parkway, to implement improvements around the site.
Councilmember Harris amended line 12 of the resolution as follows: "Maintain the alley
between Pinehurst and Ford Parkway. Cretin and Finn."
Councilmember Rettman suggested the following landugage be added to the further resolve
on page 2 line 4: .., such improvements to be made at no ex�ense to the Citv and
Pam Zigaria, 2118 Highland Parkway, appeared before the Council. She commended the
five property owners who represented the neighborhood for the tremendous amount of time
and commitment they put into this and the positive work they have done. Several additional
concerns were raised at a recent neighborhood meeting. Mr. Hoyt had said he would
negotiate with all the tenants to insure that parking was provided for the employees and he
would pay for the parking permits. On this date, it was learned that the City Attorney said
that those two points can not be part of the Council's action and it will be up to the
property owners to negotiate with Mr. Hoyt.
Tim Marx, City Attorney, responded that items 5 and 8 could not be imposed on the
condition of variance because they are matters beyond the City's ability to put in a variance
of this type and are matters between the developer and the property owners. 'The property
owners have rights that run with their land as opposed to what a developer can do.
Councilmember Harris moved approval as amended.
Adopted Yeas - 7 Nays - 0
15
Apri120, 1994
70. Public hearing to consider an application from Skarphol Construction Group for a Noise
Variance for demolition work at American Bank, 101 East Sth Street.
Frank Staffenson, Director of Environmental Health, reported that this request for a noise
variance is for the demolition of exterior parking ramp walls and parking ramp slabs at the
American National Bank Building, 101 East Sth Street, St. Paul. The request was filed on
March 15, 1994 for normal working hours Monday through Friday and early evening. This
was amended in a letter dated April 5 for a different time. Mr. Staffenson noted that letters
were received from bank personnel indicating they do not want the demolition taking place
during office working hours, and letters were also received from residents in the area who
do not want it occurring at night.
The recommendation from Environmental Health is that a variance be allowed for Monday
through Friday, 6:00 a.m. to 10:00 a.m., 4:00 p.m. to 10:00 p.m., and Saturdays and Sundays
from 8:00 a.m. to 6:00 p.m. Under Noise Variance Section 293.11 City Ordinance, notices
were mailed to property owners. Residents were not notified. Under Section 293.09 - noise
measurements must be done externally from the nearest adjacent property owner. It is
unlikely that it would exceed 70 decibels, Staffenson said. This is also a Class III zone use,
which is business zoning, which allows 70 decibels. This ordinance does not allow for any
exceptions for people in the bank. However, if it is in excess of 70 decibels on the exterior
for adjacent property, action could be taken.
Terry Patrick, representing Towers and Galtier apartments, 195 East Sth Street, appeared
before the Council. Ms. Patrick stated that there were approximately 500 residents in these
units. Many of these are senior citizens and handicapped people. She requested that the
demolition work not be done during evening hours.
Council President Thune suggested a lay over in order to obtain information on how cases
like this have been handled in the past.
Mr. Staffenson responded that the standard has been 6 a.m. to 10 a.m. and 4 p.m. to 10 p.m.
weekdays and 8 a.m. to 6 p.m. weekends. The time period for this work is scheduled for
May 1 to October L
Mike Peterson, Vice President of Skarphol Construction, said that if the noise variance is
not granted at this time it will elongate the schedule for the bank property by possibly one-
third more time.
Consideration for public safety was the reason for the demolition work during evening hours.
Councilmember Rettman moved to lay over to April 27.
Roll Call Yeas - 7 Nays - 0
16
Councilmember Grimm moved for adjournment.
D T . 5 P.M.
Council Pre den , avid Thune
ATTEST:
Min s approved by Council
a cy rson June 15. 1994
Assistant ouncil Secretary
17