Minutes 04-13-1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
APRIL 13, 1994
3:30 P.M. Room 330 City Hall and Court House
Salnt Paul, MN
The meeting was called to order at 3:45 p.m. by Council President Thune.
Present - 7- Councilmembers Blakey, Grimm, Guerin, Harris, Megard, Rettman, Thune
Absent - 0 �
Suspension Item
Councilmember Rettman moved for suspension of the rules to introduce the following
resolution:
Resolution - 94-475 - expressing appreciation of former Councilmember Dean Meredith's
contributions to the welfare of the City of St. Paul and its citizens, and in
acknowledgement of his recent death, flags at City Hall will be at half mast from April 11-
18, 1994.
Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
CONSENT AGENDA
Councilmember Grimm requested that Item 48 be removed for discussion.
48. Resolution - 94-445 - Recognizing City Council Video Production staff for their
accomplishments and congratulating them for receiving the Minnesota Community
Television Award.
Councilmember Grimm read the resolution recognizing the entire City Council Cable Staff
for receiving the Minnesota Community Television Award and extended congratulations on
behalf of the City Council.
Mark Greenberg, City Council Video Production Coordinator, thanked the Council for the
recognition.
Councilmember Grimm moved approval.
Adopted Yeas - 7 Nays - 0
Councilmember Rettman made a motion for approval of the Consent Agenda
Adopted Yeas - 7 Nays - 0
FOR ACTION
1. Approval of minutes of March 2 and March 9, 1994 City Council meetings, and March 30,
1994 Closed Door Session.
Adopted Yeas - 7 Nays - 0
April 13, 1994
2. Claims of Jeffrey A. Kosbau, Barb Mastel, Elsie Mayard, Kirstin M. Thompson, Mary L.
Stutzman, and Daniel Wagner.
Referred to City Attorney's Office
3. Letter from the Department of Planning and Economic Development, Planning Division,
setting date of Public Hearing for Wednesday, Apri120, 1994, to consider the request by
Hoyt Development Company to remove the variance condition requiring free parking in a
parking ramp at 2139 Ford Parkway.
4. Letter from the Office of License, Inspections, and Environmental Protection (LIEP) setting
date of Public Hearing for Wednesday, Apri120, 1994, in the matter of an application from
Skarphol Construction Group for a Noise Variance for demolition work at American Bank,
101 East Sth Street.
5. Letter from the Of�ce of the City Attomey announcing date of hearing before the City
Council on April 20, 1994, on the report of the Administrative Law Judge pertaining to
adverse action against licenses held by Phat Duc Ly, dba Serena's Restaurant, 501 West
University Avenue.
6. Letter from the Office of the City Attorney announcing date of hearing before the City
Council on April 20, 1994, concerning adverse action against licenses held by C.L. Hinze
Inc., dba Chuck's Bar, 901 Payne Avenue.
7. Letter from the Office of the City Attorney announcing date of hearing before the City
Council on May 4, 1994, on the report of the Administrative Law Judge pertaining to
adverse action against licenses held by the Cozy Cantina, 202 Concord Street.
8. Letter from the Of�ce of the City Attorney announcing date of hearing before the City
Council on May 4, 1994, concerning adverse action against licenses held by Drink, Inc., dba
Pebble's Bar, 880 East 7th Street.
9. Letters from Saint Paul Public Health declaring 515 Edmund Avenue, 340 Duke Street, and
550 Como Avenue as "nuisance property". (For notification purposes only; public hearing
will be scheduled at a later date if necessary.)
10. Letter from Saint Paul Public Health declaring 443 Fisk Street, 683 Third Street East, and
609 Magnolia Avenue as "nuisance property" and setting date of Legislative Hearing for
April 19, 1994, and City Council Hearing for Apri127, 1994.
11. Resolution 94-381 - Approving the appointment by the Mayor of Robert Battle as Chair of
the Saint Paul Human Rights Commission. (Laid over from April 6 for adoption)
Adopted Yeas - 7 Nays - 0
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April 13, 1994
12. Resolution - 94-382 - Approving the appointments by the Mayor of Bonnie Witt and Bill
Pulkrabek to serve on the Mayor's Advisory Committee for People with Disabilities. (Laid
over from April 6 for adoption)
Adopted Yeas - 7 Nays - 0
13. Resolution - 94-383 - Approving the reappointment by the Mayor of William Sands to serve
on the Minneapolis/St. Paul Family Housing Fund Board. (La.id over from April 6 for
adoption)
Adopted Yeas - 7 Nays - 0
14. Resolution - 94-384 - Approving the appointments by the Mayor of John Mannillo and
William Moore to serve on the Capitol Area Architectural and Planning Board. (Laid over
from April 6 for adoption)
Adopted Yeas - 7 Nays - 0
15. Resolution - 94-395 - Approving the renewal of On Sale Liquor-Club, Sunday On Sale
Liquor, and Restaurant-B Licenses (ID #57268) held by Twin Star VFW Post 8854, 820
Concordia Avenue. (Laid over from April 6 for adoption)
Adopted Yeas - 7 Nays - 0
16. Resolution - 94-396 - Approving renewal of various Class III and Supporting Licenses (ID
#00958-95958) held by: Minni Market, 2019 E. Minnehaha Avenue; Kowalski's Grand
Market, Inc., 1261 Grand Avenue; Holiday #5, 629 Rice Street; Holiday #31, 1400 Arcade
Street; Holiday's, 1429 W. 7th Street; Holiday Stationstore #43, 600 N. Snelling Avenue;
Capital Market, 478 W. University Avenue; Davanni's Pizza and Hot Hoagies, 310 N. White
Bear Avenue; Holiday #7, 500 E. 7th Street; Montgomery Ward # 1326, 1400 W. University
Avenue; Jerry's New Market, 1345 E. Magnolia Avenue; Pizza Hut #426025, 1753 Old
Hudson Road; Food-n-Fuel C-32, 2233 Energy Park Drive; Food-n-Fuel, 675 W. 7th Street;
Eastem Heights Amoco, 1785 Suburban Avenue; Downtowner Car Wash, 520 E. 7th Street;
Holiday Stationstore #004, 1444 E. Minnehaha Avenue; Food-n-Fuel #24, 1980 Stillwater
Avenue; Speedy Market # 15, 2310 Como Avenue; Holiday, 184 S. Wabasha Street; Gala
Foods, 1600 N. White Bear Avenue; Amoco Food Shop, 1347 W. University Ave. #8; Minni
Market #3, 1187 E. Minnehaha Avenue; Hazel Park Amoco, 1200 N. White Bear Avenue;
Highland Park Unocal, 1581 Ford Parkway; Kamp's, 1059 N. Western Avenue; Gala Foods,
955 W. Minnehaha Avenue; Park Service, Inc., 2277 Como Avenue; Sinclair Retail #22046,
373 N. Ruth Street; Grand Wheeler Sinclair, 1745 Grand Avenue; Gala Foods, 544 W.
University Avenue; Parkway Auto Care, 2005 Ford Parkway; Grand Wheeler Sinclair II,
1345 Grand Avenue; Finaserve, Inc., 2111 Ford Parkway; Parkway Amoco, 304 E. Wheelock
Parkway; V.C.K. Oriental Market Inc., 828 E. Hawthorne Avenue; A C A Management
#351, 623 Como Avenue; Speedy Food Stop, 968 N. Dale Street; Dale Speedy Market, 589
N. Dale Street; and Dale & Selby Superette & Deli, 618 Selby Avenue. (Laid over from
April 6 for adoption)
Adopted Yeas - 7 Nays - 0
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April 13, 1994
17. Resolution - 94-397 - Approving renewal of various Class III Licenses (I.D. # 10845-90138)
held by: Rainbow Foods, 892 Arcade Street; Finaserve Inc., 2067 Grand Avenue; Rice
Street Car Wash, 1540 Rice Street; Torgerson Truck Repair, 18 E. Acker Street; Body
Balance, 400 Selby Avenue #F; Jackson Ramp, 345 Jackson Street; Victory Parking Ramp,
344 N. Wabasha Street; Olson's Kwik Food Mart, 277 N. Ruth Street; K-Mart, 245 E.
Maryland; Capitol Brake & Alignment, 185 W. University Avenue; Selby Food & Gas, 809
Selby Avenue; Thomas Casperson, 1024 E. 7th Street; Markell's North Star, 341 W. 7th
Street; Maryland Avenue Unocal, 406 E. Maryland Avenue; Ace Radiator Service & Glass
Co., 313 Front Avenue; Midwest Hotel, 2144 W. University Avenue; Rainbow Foods, 1566
W. University Avenue; Corvette Center Twin Cities Inc., 1491 W. University Avenue; Ray
Joseph Leasing & Sales, 745 S. Robert Street; Pioneer Truck & Trailer Repair, 933 Atlantic
Street; Budget Towing Company, 846 Earl Street; Marshall Cretin Standard, 2178 Marshall
Avenue; Don Burns Amoco, at 1111 W. University Avenue; Morency's Auto Repair, 1431
Rice Street; Mike's Downtown Standard, 542 N. Robert Street; Highland 66, 485 S. Snelling
Avenue; Bad Habit Cafe, 418 St. Peter Street; and Twin Star VFW Post 8854, 820
Concordia Avenue. (Laid over from April 6 for adoption)
Adopted Yeas - 7 Nays - 0
18. Resolution - 94-398 - Approving application for renewal of On Sale Liquor and Supporting
Licenses (I.D. #15952-92543) by: The Minnesota Club, 317 Washington Street; Ron's Bar,
879 Rice Street; Cromwell Bar & Restaurant, 2511 W. University Avenue; Johnny's Cocktail
Lounge, 2251 W. University Avenue; Minnehaha Tavern, 735 N. White Bear Avenue,
Tiffany Lounge located at 2051 Ford Parkway, Ordway Music Theatre, 345 Washington
Street; Mr. Patom's Saloon, 995 W. 7th Street; Sports Break, 1199 Rice Street; Ramada
Hotel, 1870 Old Hudson Road; Chattanooga Music Cafe, 1021 E. Bandana Blvd.; and the
Lexington Cafe/Restaurant, 1096 Grand Avenue. (Laid over from April 6 for adoption)
Adopted Yeas - 7 Nays - 0
19. Resolution - 94-399 - Approving application for renewal of On Sale Liquor and Supporting
Licenses (I.D. #11410-96331) by: Nickels Sports Bar, 501 Blair Avenue; Willard's Bar, 738
Thomas Avenue; Ciatti's Italian Restaurant, 850 Grand Avenue; Yannarelly's, 1199 Payne
Avenue; Benson's Bar, 1905 Stillwater Avenue; Arcade Bar, 932 Arcade Street; Vogel's
Lounge, 1112 Arcade Street; Pat McGovern's, 225 W. 7th Street; Half Time Rec, 1013 Front
Avenue; The Buttery, 395 N. Robert Street; Arlington Pub, 721 Payne Avenue; Wallace's
Westsider, 429 S. Robert Street; Goby's Grille & Pub, 472 S. Snelling Avenue; Lyon's Pub
on Grand, 788 Grand Avenue; Dakota Bar & Grill, 1021 E. Bandana Boulevard; Badger
Lounge, 738 W. University Avenue; and Mangini's Restaurant, 1177 Clarence Street. (Laid
over from April 6 for adoption)
Adopted Yeas - 7 Nays - 0
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April 13,1994
20. Resolution - 94-400 - Approving application with conditions for renewal of On Sale Liquor-
A, Sunday On Sale Liquor, Entertainment III and Restaurant-D Licenses (I.D. #43940) by
The University Club of St. Paul, 79 N. Western Avenue. (Laid over from April 6 for
adoption)
Adopted Yeas - 7 Nays - 0
21. Resolution - 94-418 - Approving application for renewal of Off Sale Liquor and Original
Container License (ID # 13640) applied for by Kal-Bon, Inc., dba Park Liquor Co. located at
140 N. Snelling. (To be laid over one week for adoption)
Laid over to April 20 for adoption
22. Resolution Approving Assessment - 94-419 - In the matter of condemning and taking of
permanent storm sewer easements and temporary construction easements in connection with
the University/Mississippi Area Storm Sewer Separation project located near Arch Street
and L'Orient Street and near University Avenue and Lafayette Road, and setting date of
public hearing for May 18, 1994. (File # 18727-E)
Adopted Yeas - 7 Nays - 0
23. Resolution Approving Assessment - 94-420 - In the matter of sidewalk reconstruction on the
north side of Harrison Avenue from Douglas Street to Garfield Street and the south side of
Harrison Avenue from Douglas Street to S. Western Avenue, and setting date of public
hearing for June 1, 1994. (File #S9301)
Adopted Yeas - 7 Nays- 0
24. Resolution Approving Assessment - 94-421 - In the matter of sidewalk reconstruction for the
north side of Dayton Avenue from N. Prior Avenue to Moore Street and the east side of
Moore Street from Dayton Avenue to Marshall Avenue, and setting date of public hearing
for June 1, 1994. (File #S9302)
Adopted Yeas - 7 Nays- 0
25. Resolution Approving Assessment - 94-422 - In the matter of sidewalk reconstruction on
both sides of Conway Street from Mendota Street to Forest Street, and setting date of public
hearing for June 1, 1994. (File #S9305)
Adopted Yeas - 7 Nays - 0
26. Resolution Approving Assessment - 94-423- In the matter of sidewalk reconstruction on both
sides of W. Nevada Avenue from N. Grotto Street to appro�umately 255.65 feet west of N.
Grotto Street, and setting date of public hearing for June 1, 1994. (File #59309)
Adopted Yeas - 7 Nays - 0
27. Resolution Approving Assessment - 94-424 - In the matter of eliminating curb cut at 171
Front Avenue located on the north side of Front Avenue from Albermarle Street to
Woodbridge Street, and setting date of public hearing for June 1, 1994. (File #59310)
Adopted Yeas - 7 Nays - 0
5
Apri16, 1994
28. Resolution Approving Assessment - 94-425 - In the matter of sidewalk reconstruction with
integral curb on the east side of N. Dale Street from Portland Avenue to Holly Avenue, and
setting date of public hearing for June 1, 1994. (File #59311)
Adopted Yeas - 7 Nays - 0
29. Resolution Approving Assessment - 94-426 - In the matter of sidewalk reconstruction on the
north side of College Avenue from Old Kellogg Boulevard to W. Kellogg Boulevard, and
setting date of public hearing for June 1, 1994. (File #S9313)
Adopted Yeas - 7 Nays - 0
30. Resolution Approving Assessment - 94-427 - In the matter of sidewalk reconstruction with
integral curb on the south side of E. Tenth Street from Jackson Street to Sibley Street, and
setting date of public hearing for June 1, 1994. (File #59314)
Adopted Yeas - 7 Nays - 0
31. Preliminary Order - 94-428 - In the matter of sidewalk reconstruction on both sides of
Burgess Street from Galtier Street to Famngton Street, and setting date of public hearing
for June 1, 1994. (File #S9415)
Adopted Yeas - 7 Nays - 0
32. Preliminary Order - 94-429 - In the matter of sidewalk reconstruction on the west side of
Syndicate from Randolph Avenue to Juno Avenue, and setting date of public hearing for
June 1, 1994. (File #59416)
Adopted Yeas - 7 Nays - 0
33. Preliminary Order - 94-430 - In the matter of new sidewalk construction and/or
reconstruction on both sides of Euclid Street from Wilson Avenue to Germain Street, and
setting date of public hearing for June 1, 1994. (File #59417)
Adopted Yeas - 7 Nays - 0
34. Preliminary Order - 94-431 - In the matter of new sidewalk construction on the east side of
N. Howard Street from E. Third Street to Fremont Avenue, and setting date of public
hearing for June 1, 1994. (File #59418)
Adopted Yeas - 7 Nays - 0
35. Preliminary Order - 94-432 - In the matter of sidewalk reconstruction on both sides of
Farrington Street from Summit Avenue to Laurel Avenue, and setting date of public hearing
for June 1, 1994. (File #S9419)
Adopted Yeas - 7 Nays - 0
36. Preliminary Order - 94-433 - In the matter of sidewalk reconstruction on both sides of
Mackubin Street from Summit Avenue to Portland Avenue, and setting date of public
hearing for June 1, 1994. (File #59420)
Adopted Yeas - 7 Nays - 0
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April 13, 1994
37. Preliminary Order - 94-434 - In the matter of new sidewalk construction and/or
reconstruction on the west side of Bay Street from Tuscarora Avenue to Forster Street and
the east side of Bay Street from Tuscarora Avenue to Stewart Avenue, and setting date of
public hearing for June 1, 1994. (File #59421)
Adopted Yeas - 7 Nays - 0
38. Preliminary Order - 94-435 - In the matter of sidewalk reconstruction on both sides of
Bayard Avenue from Bay Street to Canton Street, and setting date of public hearing for
June 1, 1994. (File #59422)
Adopted Yeas - 7 Nays - 0
39. Preliminary Order - 94-436 - In the matter of sidewalk reconstruction on both sides of
Lawton Street from Summit Avenue to Grand Hill and the north side of Summit Court from
Lawton Street to 27 Summit Court, and setting date of public hearing for June 1, 1994.
(File #S9423)
Adopted Yeas - 7 Nays - 0
40. Preliminary Order - 94-437 - In the matter of sidewalk reconstruction on the east side of S.
Milton Street from Palace Avenue to approximately 127 feet north of Palace Avenue, and
setting date of public hearing for June 1, 1994. (File #59424)
Adopted Yeas - 7 Nays - 0
41. Preliminary Order - 94-438 - In the matter of sidewalk reconstruction on the north side of
Palace Avenue from Daly Street to S. Osceola Avenue and the east side of S. Osceola
Avenue from Palace Avenue to approximately 40 feet north of Palace Avenue, and setting
date of public hearing for June 1, 1994. (File #59425)
Adopted Yeas - 7 Nays - 0
42. Preliminary Order - 94-439 - In the matter of sidewalk reconstruction with integral curb on
the west side of W. Seventh Street from Watson Avenue to Bay Street located at 1112 W.
Seventh Street, and setting date of public hearing for June 1, 1994. (File #S9426)
Adopted Yeas - 7 Nays - 0
43. Preliminary Order - 94-440 - In the matter of sidewalk reconstruction on both sides of
Watson Avenue from Bay Street to W. Seventh Street, and setting date of public hearing for
June 1, 1994. (File #S9427)
Adopted Yeas - 7 Nays - 0
44. Resolution - 94-441 - Amending C.F. 93-1874, authorizing the vacation of Duke Street,
adopted December 17, 1993, by correcting the legal description.
Adopted Yeas - 7 Nays - 0
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April 13, 1994
45. Resolution - 94-442 - Finalizing Council action taken on April 6, 1994, regarding the report
of the Administrative Law Judge pertaining to adverse action against license held by Rick
Schmoll, dba Dairy Queen, 280 West Seventh Street.
Adopted Yeas - 7 Nays - 0
46. Resolution - 94-443 - Finalizing Council action taken on April 6, 1994, regarding the report
of the Administrative Law Judge pertaining to adverse action against licenses held by John
T. Kaufman, dba the Badger Lounge, 738 University Avenue.
Adopted Yeas - 7 Nays - 0
47. Resolution - 94-444 - Extending the modi�cations to the definition of "Adult Bookstore"
enacted by Ordinance 93-279 for a period of one (1) year or until the completion of studies
and deliberations of the Planning Commission and City Council.
Adopted Yeas - 7 Nays - 0
48. (See Page 1)
49. Resolution - 94-446 - Granting the property owner at 1605 Selby Avenue an extension of six
months from March 22, 1994 to September 22, 1994 to obtain a Certi�cate of Code
Compliance.
Adopted Yeas - 7 Nays - 0
50. Resolution - 94-447 - Approving the use of assessment financing in accordance with City
policy for the installation of a fire protection system/�re sprinkler system for 1080 Limited
Partnership, and amending the Capital Improvement Budget by adding $67,681 to the
Financing and Spending Plans for 1080 Limited Partnership.
Adopted Yeas - 7 Nays - 0
51. Resolution - 94-448 - Authorizing proper City officials to execute a written agreement with
Dreher Park Zoo located in West Palm Beach, Florida, providing for the donation by Como
Zoo lemur monkeys.
Adopted Yeas - 7 Nays - 0
52. Resolution - 94-449 - Approving the addition of Edgcumbe Community Hockey Booster
Club, Hancock Community Booster Club, North End Children's Special Activities Club,
Parkway Little League, Rice Street Athletic Club, St. Paul Urban Tennis Association, and
Scheffer Booster Club to the eligible list for the 1994 Charitable Gambling 10% Club.
Adopted Yeas - 7 Nays - 0
53. Resolution - 94-450 - Approving disbursement of Youth Program funds and applications
applied for by Booster's East, Inc., Dayton's Bluff Booster Club, Dunning Boosters,
Edgcumbe Hockey Booster Club, Highwood Hills Booster Club, North End Youth News,
Phalen Youth Club, St. Paul East Athletic Association, Scheffer Booster Club, and Sports
for Life.
Adopted Yeas - 7 Nays - 0
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April 13, 1994
54. Resolution - 94-451 - Amending the 1994 Capital Improvement Budget by decreasing the
Financing and Spending Plans by $121,548 in Municipal State Aid Contingency Fund.
Adopted Yeas - 7 Nays - 0
55. Resolution - 94-452 - Amending the 1992 Capital Improvement Program by transferring the
spending and financing from the 1992 Combined Sewer Separation Paving Program and
1992 Major Sewer Repair Project to the Macalester/Bayard CSSP Project and addition of
alley grading �nanced by assessments.
Adopted Yeas - 7 Nays - 0
56. Resolution - 94-453 - Amending the 1994 Capital Improvement Program by transferring
spending and financing from the Combined Sewer Separation Program, 1994 Major Sewer
Repairs, and the Hamline-Montreal to the Highland Parkway projects and adding Water
Utility funding to the Combined Sewer Separation Program.
Adopted Yeas - 7 Nays - 0
57. Resolution - 94-454 - Amending the 1994 budget by adding $33,248 to the Financing and
Spending Plans for the Police Department/Operations Division for the Asian Refugee
Crime Prevention project.
Adopted Yeas - 7 Nays - 0
58. Resolution - 94-456 - Amending the 1994 budget by transferring $12,000 of designated funds
from Contingency in the Department of Finance and Management Services, Risk
Management Division, to hire a temporary benefit employee.
Adopted Yeas - 7 Nays - 0
59. Resolution - 94-457 - Amending the 1994 budget by adding $116,307 to the Financing and
Spending Plan in the Division of Libraries, Library Aids and Grants Fund, to reflect their
portion of a matching grant and to bring forward the balance of a capital distribution in
Metropolitan Library Services Agency.
Adopted Yeas - 7 Nays -0
FOR DISCUSSION
60. Resolution - 93-1554 - Approving the City of St. Paul Elections Division to enter into a
contract with Ramsey County for election services. (Laid over from March 30)
Councilmember Rettman stated that she has concerns about the contract with regard to
some of the quality control issues. Referring to the document entitled "Proposed
Performance Standards for the Merger of an Election Service Contract with Ramsey County"
presented by Molly O'Rourke, Rettman said there would be certain performance standards
which would be identified such as accessible polling locations to adequate heating. These
performance standards should be a part of the document, she said.
Pam Wheelock, Mayor's Chief of Staff, responded that the performance standards are not
expected to be included in the final contract. The County is responsible to the Office of
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April 13, 1994
Secretary of State. 1'hey have indicated that they are meeting the performance
measurements and do not see a need to specify performance criteria.
Molly O'Rourke, City Clerk, added that all election offices are governed by Secretary of
State rules and regulations. They do not focus on issues of performance but tend to be very
specific on instructions that are given to voters. Ramsey County will have to comply with
the same provisions with which the city had to comply. Polling locations will still be
determined by the City Council.
In reply to a question raised by Councilmember Blakey, Ms. Wheelock stated that the
election equipment will be leased to the County for $1.00. If the machines were sold to the
county, approximately half of the amount the county would pay to the city would be city
taxpayer dollars which, in effect, would mean taxpayers are paying for them twice. Further,
with a lease arrangement, the equipment would still be owned by the city in the event the
lease would cease.
Councilmember Rettman raised the issue of the county having the ability to approach the
city about selling current equipment to support the cost of new equipment and that the
county may purchase alternative equipment even without city support. She requested this be
tightened up. Rettman noted that the length of the contract would be ten years. She said
she would like to see an annual performance appraisal and include an option of having the
ability to break the contract before ten years if the city is not satisfied with the performance.
Ms. Wheelock responded that it is more to the city's benefit to have a long-term contract as
it would be very challenging for the city to divest itself of the expertise and equipment and
then attempt to invest again in a short period of time if it is not working out. There is also
the issue of employee security.
Ms. O'Rourke added there is standard termination language in the document that there
would be a lock-out period where neither party could break the contract.
Councilmember Rettman questioned if there would be more cost savings if the Legislature
enacted a change as to when elections are held.
Ms. O'Rourke responded that her understanding of the bill is that it would require
municipalities to have local elections in odd years which St. Paul already does.
It was emphasized by Councilmember Rettman that the city would have realized a cost
savings even if it retained the Elections Division and that the savings it not due specifically
to the contract. However, the contract may make more sense to the taxpayers with having
one source of voting.
Ms. Wheelock added that by entering into a contract it will be more cost effective for the
city than previously.
Councilmember Megard asked about the state of negotiations with the school district as to
the 25% they are required to contribute.
Ms. O'Rourke responded that the city is close to finalizing a negotiation with the school
district that would require them to pay $75,000 this year and 25% of the cost in following
years.
Jerry Serfling, AFSCME Council 14, appeared and discussed the two employees who are
affected by the merger, Joyce Conway and Sharon Gortner. There are concerns with this
merger in conjunction with the fact that the AFSCME contract has not been settled.
AFSCME cannot agree to a merger without having the contract and retirement issue for Ms.
Conway resolved.
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April 13, 1994
With respect to Ms. Gortner, Serfling stated that AFSCME had agreed in concept to a
proposal presented by Ramsey County and was ready to sign the agreement. AFSCME has
since been notified that it would not be appropriate for the union to sign the agreement.
Another draft was presented and the terms and conditions were changed. Until there is a
signed agreement, Ms. Gortner has no security. Mr. Serfling asked that the resolution be
laid over until the issue with these employees is resolved.
Mr. Wheelock acknowledged AFSCME's participation in the negotiations of the merger.
With regard to Ms. Conway, Wheelock said it is acceptable to have employment provisions
or certain rights outside of the contract negotiation process. Ms. Wheelock said it was her
understanding that there had been an agreement as to the terms of the anangement for Ms.
Gortner.
Councilmember Guerin suggested that a resolution be prepared to deal with the unusual
circumstances being encountered by Ms. Conway.
Timothy Marx, City Attorney, clarified that this resolution is not specific approval of a
contract but rather authorizes the administration to move on to the next step. It does not
directly raise the issues presented by Mr. Serfling. He stated that the Council could act on
the resolution without raising the issues presented by AFSCME. Those issues can be
addressed in a specific contract.
Further discussion ensued on the rights and bene�ts of the two employees. Ms. Wheelock
stated that Administration will support providing the benefits to Ms. Conway through
whatever vehicle is available.
Councilmember Blakey moved to layover the resolution. Councilmember Rettman
suggested that the resolution could be approval with a stipulation that the contract will
include language that was agreed to previously pertaining to Ms. Gortner.
Councilmember Blakey withdrew his motion.
Councilmember Guerin moved for approval of the Substitute Resolution presented by
Administration.
Adopted Yeas - 7 Nays - 0
61. Resolution - 93-364 - Supporting the revision of duties and reinstatement of a Citizen
Participation Coordinator in the 1994 budget. (Laid over from March 30)
Pam Wheelock, Mayor's Chief of Staff, requested that the resolution be laid over
in order to have further discussion with Councilmembers. Councilmember Harris requested
that Ms. Wheelock provide information in writing for the Council packet when it appears
back on the agenda.
Councilmember Megard moved to lay over to Apri127.
Roll Call Yeas - 7 Nays - 0
62. 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;
(To be laid over one week for adoption)
Laid over to April 20 for adoption.
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April 13, 1994
ORDINANCES
63. Final Adoption - 94-304 - An ordinance establishing the position of Administrative Assistant
in the unclassified service of the Police Department pursuant to Section 12.03.2(h) of the
City of St. Paul Charter. (Public hearing held March 30; Amended and laid over Apri16)
Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
64. Final Adoption - 94-341 - An ordinance amending Chapter 324 of the Legislative Code
relating to the sale of tobacco to minors and establishing presumptive penalties for
stipulated violations. (Public hearing held April 6)
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
65. Final Adoption - 94-342 - An ordinance �nalizing City Council action approving a petition
of Cherokee Agency, Inc. to rezone property located at 675 Randolph Avenue and
463/467/469 S. Osceola Avenue to B-2. (Public hearings held March 2 and April 6)
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
66. Final Adoption - 94-343 - An ordinance �nalizing City Council action approving a petition
of Midway Chevrolet, Inc. to rezone property located at 1330-1334 Sherburne Avenue to B-
3. (Public hearings held March 2 and April 6)
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
67. Second 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 and procedures.
Laid over to April 20 for third reading/public hearing.
68. Second Reading - 93-1894 - An ordinance amending Chapter 81 of the St. Paul
Administrative Code pertaining to purchasing from targeted vendors by changing
certification requirements. (Referred from Council 12/21/93)
(Finance & Budget Committee recommends approval of Substitute)
Councilmember Rettman moved for introduction of the substitute ordinance.
Roll Call Yeas - 7 Nays - 0
Laid over to April 20 for third reading/public hearing.
69. First Reading - 94-459 - An ordinance amending Chapter 60 of the 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 20 for second reading.
12
April 13, 1994
PUBLIC HEARINGS
70. Third Reading - 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)
No one appeared in opposition.
Laid over to Apri120 for final adoption.
71. Third Reading - 94-369 - An ordinance amending Chapter 34 of the Legislative Code
relating to Minimum Property Maintenance Standards for all Structures and Premises.
Councilmember Megard moved to refer the ordinance to the City Operations Committee
stating that there are some conflicts in the ordinance regarding current zoning code
provisions and inspections. She further recommended that staff from Fire, Housing Inspec-
tions and Licensing meet prior to the committee meeting in order to offer suggestions on
resolving the conflicts between Environmental Health and Building Inspections.
Councilmember Harris said that in conversations with staff, it appears the problem is more
of a need for some language change.
Megard replied that there are conflicts and discrepancies such as paving requirements and
zoning that come out of Environmental Health and Building Inspections for rental units. In
discussions with both departments, it appears that there are issues that have not been
resolved and there should be consistent policies between departments.
There are approximately nine chapters of the Legislative Code, Councilmember Rettman
said. Certain ones often supersede others and building codes and property standards codes
are not in conflict. There were either typographical errors or language changes needed to
bring them in conformance across the board. There may be different standards with zoning
in an industrial area if it is 300 feet near residentially used or residentially zoned property.
In other areas it may be 150 feet from residentially zoned but not residentially used.
Councilmember Rettman said she feels the discussion should focus on how city staff can do
a better job of determining zoning. This ordinance is not changing anything that's not
already there, she said.
Councilmember Grimm moved that the ordinance be laid over two weeks and that Council-
member Megard put her questions in writing to staff and for a report back. It could be sent
to committee after that time if it was deemed necessary.
Roll call to lay over to April 27 Yeas - 7 Nays - 0
72. Third Reading - 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.
(Councilmember Guerin left for a short time and returned during this discussion.)
Councilmember Megard read a statement opposing the ordinance. She feels there is a
conflict of interest with two Councilmembers and suggested that an opinion from the State
Attorney General should be requested.
Timothy Marx, City Attorney, stated that the statute that creates a problem imposes
restrictions on the ability of Councilmembers to participate in contracts from which they
13
April 13, 1994
may receive a financial benefit. There are two ways to remove the problem created by the
statute, he said. One is to remove the authorization, and this was done in February. The
other is to allow the option of foregoing any financial interest. The problem can be resolved
by taking care of one or the other, Marx said. With regard to conflict of interest, Marx said
that it is the job of the City Attorney and the staff to provide legal advice to the city and to
protect the city's legal interests in any matter. If he or his of�ce felt compromised or unable
to provide this advice, the Council would be informed and advised with a remedy.
Councilmember Harris expressed concern with how some of the terms are being de�ned
saying he feels the language is very vague. He agreed that they may want to get an
independent opinion or attempt to clear up the language.
Mr. Manc responded that it would be difficult to create an ordinance or amendment that
would be able to precisely define what a"financial interest" is because there are so many
factual circumstances that arise that could not all be addressed. Further, there is a state
statute that vaguely defines financial interest and precedes any city ordinance. Unless there
is some other guidance that is more clear, Marx said the city is more or less "stuck" with a
situation that is often ambiguous. He suggested that individual Councilmembers could
advise the Attorney's Office of any issues and they will provide advice as to whether or not
they think it crosses a line or presents a problem. Mr. Marx said they would not be in
opposition to an outside opinion but this would still be just another opinion.
Councilmember Guerin stated that there is no difference with being a part-time
Councilmember as opposed to full-time. If someone has a�nancial interest in an issue, they
should not vote.
Councilmember Blakey said he would like to see that there is one rule that fits for everyone.
He said he wants public trust to be upheld and would also like to have an outside opinion.
Councilmember Grimm suggested that Councilmembers send questions they may have to
Tim Manc for his response.
L,aid over to April 20 for final adoption.
73. Third Reading - 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)
No one appeared in opposition.
Laid over to Apri120 for �nal adoption
74. Third Reading - 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)
No one appeared in opposition.
Laid over to April 20 for final adoption.
75. Resolution - 94-460 - Approving application for On Sale Malt (strong) and On Sale Wine
License (ID #90347) applied for by St. Clair Broiler, Inc. dba St. Clair Broiler located at
1580 St. Clair Avenue.
No one appeared in opposition. Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
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April 13, 1994
76. Resolution - 94-461 - Approving application for a new State Class B Gambling Premise
Permit applied for by St. Anthony of Padua's Friends at Mangini's Restaurant located at
1177 Clarence Street (ID #B-03378).
No one appeared in opposition. Councilmember Grimm moved approval.
Adopted Yeas - 7 Nays - 0
(Councilmember Harris left the meeting at this time)
77. Resolution - 94-462 - Approving application for a new Gambling Manager's License applied
for by Dorothy M. Stehr dba St. Anthony of Padua's Friends at Mangini's Restaurant
located at 1177 Clarence Street (ID #15260).
No one appeared in opposition. Councilmember Grimm moved approval.
Adopted Yeas - 6 Nays - 0
78. Resolution - 94-463 - Approving application for a new Class A Gambling Location License
applied for by Mangini Inc. dba Mangini's located at 1177 Clarence Street (ID #89529).
No one appeared in opposition. Councilmember Grimm moved approval.
Adopted Yeas - 6 Nays - 0
79. Resolution - 94-464 - Approving application for a General Repair Garage License applied
for by McElroy Auto located at 635 N. Prior Avenue (ID # 12420).
No one appeared in opposition. Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
(Councilmember Grimm left the meeting at this time)
80. Resolution Ratifying Assessment - 94-465 - In the matter of new sidewalk construction
within the White Bear Avenue and Ruth Street Small Area Plan and Study Area located on
the east side of Hazel Street from Wilson Avenue to east Third Street, the west side of N.
Luella Street from Old Hudson Road to Wilson Avenue, the east side of Van Dyke Street
from Old Hudson Road to Wilson Avenue, and the south side of Wilson Avenue from Van
Dyke Street to N. Ruth Street (File #S9201)
Frank Schneider, 411 North Hazel Street, spoke in opposition to this assessment saying he is
being assessed $1,882.62 for the full amount of construction costs for sidewalk construction
by his property on Wilson Avenue. He said he feels it is unfair the way the assessment is
configured.
John Saumweber, Real Estate Division, responded that Mr. Schneider was assessed for the
long side of his property which includes approximately 297 feet. He was assessed for 147
feet of the walk.
Councilmember Guerin explained that a 40-acre study was done and some groups in the
neighborhood wanted sidewalks. The group that decided where the sidewalks should go in
all cases had the sidewalks across the street from their house. In this case Guerin said he
would prefer there be a policy to assess both sides.
Robert Ostland, 410 Van Dyke, also appeared and spoke in opposition to the assessment
policy for sidewalk construction.
Discussion ensued.
Councilmember Rettman moved approval.
Adopted Yeas - 4 Nays - 2(Guerin, Harris)
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April 13, 1994
81. Resolution Ratifying Assessment - 94-466 - In the matter of sidewalk reconstruction for both
sides of Holly Avenue from Kent Street to N. Dale Street, and the east side of N. St. Albans
Avenue from Summit Avenue to Portland Avenue (File #59206).
No one appeared in opposition. Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
82. Resolution Ratifying Assessment - 94-467 - In the matter of reconstructing sidewalks for
both sides of S. Cretin Avenue from Highland Parkway to Pinehurst Avenue, the east side of
S. Finn Street from Randolph Avenue to James Avenue, both sides of James Avenue from
S. Cleveland Avenue to S. Cretin Avenue, both sides of Pinehurst Avenue from S. Cretin
Avenue to Mount C�rve Avenue, both sides of Pinehurst Avenue from S. Finn Street to S.
Cretin Avenue, and both sides of Stanford Avenue from S. Cleveland Avenue to S. Finn
Street (File #59211)
No one appeared in opposition. Councilmember Harris moved approval.
Adopted Yeas - 6 Nays - 0
83. Resolution Ratifying Assessment - 94-468 - In the matter of sidewalk reconstruction for both
sides of Dayton Avenue from Fisk Street to N. Victoria Street (File #59214).
No one appeared in opposition. Councilmember Blakey moved to layover one week.
Roll Call Yeas - 6 Nays - 0
84. Resolution Ratifying Assessment - 94-469 - In the matter of sidewalk reconstruction for both
sides of Hague Avenue from Fisk Street to N. Victoria Street, both sides of Hague Avenue
from N. Grotto Street to N. Avon Street, and both sides of Hague Avenue from N. St.
Albans Street to N. Grotto Street (File #5-9225).
No one appeared in opposition. Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
85. Resolution Ratifying Assessment - 94-470 - In the matter of sidewalk reconstruction on the
south side of Albany Avenue from Arona Street to N. Snelling at 1548 Albany Avenue, the
east side of Cromwell Avenue from Pearl Street to Manvel Street at 1026 Cromwell, both
sides of Manval Street from Bayless Avenue to Cromwell Avenue at 1029 and 1048 Manvel
Street only, both sides of Finn Street from Sargent Avenue to St. Clair Avenue, and the
north side of Wynne Avenue from N. Albert Street to N. Pascal Street (File #S9226).
No one appeared in opposition. Councilmember Megard moved approval
Adopted Yeas - 6 Nays - 0
86. Resolution Ratifying Assessment - 94-471 - In the matter of sidewalk reconstruction with
integral curb for the north side of Selby Avenue from Farrington Street to approximately
400 feet east of Farrington Street (File #59227).
No one appeared in opposition. Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
16
April 13, 1994
87. Resolution Ratifying Assessment - 94-472 - In the matter of sidewalk reconstruction for both
sides of Arundel Street from W. Cook Avenue to W. Maryland Avenue (File #59229).
No one appeared in opposition. Councilmember Rettman moved approval.
Adopted Yeas - 6 Nays - 0
88. Resolution Ratifying Assessment - 94-473 - In the matter of sidewalk reconstruction with
integral curb on both sides of Josephine Place from Bayard Avenue to Eleanor Avenue (File
#S9233).
No one appeared in opposition. Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
89. Resolution Ratifying Assessment - 94-474 - In the matter of Summary Abatements (Property
Clean-Up) in the Thomas/Dale area from October 1993 to January 1994 for property at 193
Western Avenue N. (File #J9403TDBC2, Assessment #9593); in the Thomas/Dale area
from August through October, 1993 for property at 53 Dale Street N. (File #J9401TDBC2,
Assessment No. 9594); and Summary Abatement (Property Clean-Up and/or Snow
Removal) from October 1993 to mid-January, 1994 for property at 193 Western Avenue N.
and 946 Edgerton Street. (File #J9403AA, Assessment #9595)
Legislative Hearing Ofticer recommended approval with the following exceptions: that
payment for 946 Edgerton Street be spread out over ten years and that File #J9403TDBC2,
Assessment #9593 for 193 Western Avenue North be deleted.
No one appeared in opposition. Councilmember Guerin moved approval.
Adopted Yeas - 7 Nays - 0(per Hearing Officer's recommendations)
Councilmember Blakey said he would like to have an update on the Information and Complaint
Office with regard to certain issues such as response time to complaints that a Councilmember may
have placed with that office.
Councilmember Rettman stated that she had referred back to information in 1993 with the
changing role of the I&C Office. The new administration had requested to retain the managerial
side of the I&C Office but indicated that there would be discussions on a new and improved
service. She is in the process of preparing questions to present to administration which she will
share with the other Councilmembers to add their own issues. Hopefully, there will be a quality
control mechanism in place in I&C, she stated.
Councilmember Megard moved to adjourn the meetin
UR AT 5: P.M.
ounc 1 Presi , avid Thune
ATTEST:
Minutes approved by Council
�--.--
Nancy And n June 8. 1994
Assistant Council Secretary
17