Minutes 04-06-1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
APRIL 6, 1994
3:30 P.M. Room 330 City Hall and Court House
St. Paul, Minnesota
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 Rettman requested Item 11 be removed for discussion.
Councilmember Megard requested Item 17 be removed for discussion.
Councilmember Harris requested Item 18 be removed for discussion.
Councilmember Blakey requested Item 21 be removed for discussion.
Councilmember Blakey moved approval of the Consent Agenda as amended.
FOR ACTION
1. Claims of Sherry Garcia, Ronald Hyland, John D. Mays, and Beatrice M. Wobse.
Referred to City Attorney's Office
2. Summons and complaint in the matter of American Federation of State, County and
Municipal Employees, Council No. 14 vs the City of St. Paul.
Referred to City Attorney's Office
3. Summons in a civil action and complaint and demand for a jury trial in the matter of Janice
M. Johnson vs the City of St. Paul et al.
Referred to City Attorney's Office
4. Administrative Orders:
D94-087 Addition of $1,040.14 to the contract for elevator renovations at the Civic Center
Parking Ramp.
D94-088 1993 budget revision in the Department of Libraries-Library Aids and Grants
fund.
D94-089 1993 budget revision in the Department of Public Health-Special Revenue.
D94-090 Addition of $1,844.66 to the contract for Women Firefighters toilet room
addition and accessibility modifications to Fire Stations 4, 22, and 23.
D94-091 1993 budget revision in the Department of Executive Administration-License and
Permit special fund.
D94-092 1993 budget revision in the Department of Planning and Economic Development
for CDBG fund for Merriam Park Play Area.
D94-093 1991 and 1993 budget revision in Parks & Recreation and Finance and
Management Services.
D94-094 1994 budget revision in the Department of Libraries General fund.
Apri16, 1994
D94-095 1991 and 1992 budget revision in the Department of Planning and Economic
Development improving CIB funds allocated to NPP.
D94-096 1992 budget revision in the Department of Public Works-Capital Projects fund.
D94-097 Addition of $64,201.69 to the contract for Macalester-Bayard Storm Sewer and
Paving project.
D94-098 1993 budget revision in the St. Paul Fire Department-General fund.
Noted as on File in City Clerk's Office
5. Letter of the Office of License, Inspections and Environmental Protection announcing date
of public hearing for Monday, April 18, 1994 at 1:30 p.m. in the L.I.E.P. Office, 350 St.
Peter Street Room 300, St. Paul, before an Administrative Law Judge pertaining to C�rrency
Exchange License Application of Ramsey Financial, 577 University Avenue.
(Interested parties should contact Christine Rozek at 266-9114)
6. Letter from the Department of Planning and Economic Development, Division of Planning,
setting a date of public hearing for April 27, 1994, 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.
7. Petition of The Travelers Insurance Company to vacate part of Cedar Street adjoining Lot 7,
Block 5. (For referral to the Finance Department for check as to sufficiency and for
recommendation.)
8. Petition of The Travelers Insurance Company to vacate part of Minnesota Street at the
southwesterly .50 foot of the northeasterly 1.0 foot of Lot 1, Block 20, Roberts and Randalls
Addition to the City of St. Paul. (For referral to the Finance Department for check as to
sufficiency and for recommendation.)
9. Petition of Bethlehem Lutheran in the Midway Church for the vacation of part of Lot 20,
Block 1, Homer H. Hoyt Co's. Addition. (For referral to the Finance Department for check
as to sufficiency and for recommendation.)
10. Petition of Macalester College to vacate part of Princeton Avenue and part of the
north/south alley in Block 7, Macalester Park. (For referral to the Finance Department for
check as to sufficiency and for recommendation.)
11. (Discussed later in the meeting)
12. Resolution 94-381 - Approving the appointment by the Mayor of Robert Battle as Chair of
the Saint Paul Human Rights Commission. (To be laid over one week for adoption)
Laid over to April 13
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April 6, 1994
13. 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. (To be
laid over one week for adoption)
Laid over to April 13
14. Resolution - 94-383 - Approving the reappointment by the Mayor of William Sands to serve
on the Minneapolis/St. Paul Housing Fund Board. (To be laid over one week for adoption)
Laid over to April 13
15. 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. (To be laid
over one week for adoption)
Laid over to April 13
16. Resolution - 94-385 - Amending the 1994 budget by adding $25,000 to the Financing &
Spending Plans in the Purchasing Division to provide information to potential bidders about
public contracting opportunities available.
Adopted Yeas - 7 Nays - 0
17. (Discussed later in the meeting)
18. (Discussed later in the meeting)
19. Resolution - 94-388 - Removing diseased tree assessment balance from the tax roll for
property located at 670 South Robert Street and refund incorrect owner installments on
taxes.
Adopted Yeas - 7 Nays - 0
20. Resolution - 94-389 - Granting property owner at 518 Forest an extension of six months
from March 13, 1994 to September 13, 1994 to obtain a Certificate of Code Compliance.
Adopted Yeas - 7 Nays - 0
21. (Discussed later in the meeting)
22. Resolution - 94-391 - Authorizing the Mayor and the Director of Finance and Management
to execute Stipulation and Order for Judgement in the case of City of St. Paul vs. Rita Y.
Leloup et al.
Adopted Yeas - 7 Nays - 0
23. Resolution - 94-392 - Authorizing and directing proper City officials to execute an
agreement with the City of Mendota Heights whereby the City of St. Paul's Police
Department will perform communication equipment repair and maintenance services for
Mendota Heights.
Adopted Yeas - 7 Nays - 0
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April 6, 1994
24. Resolution - 94-393 - Approving action of the Property Code Enforcement Board of Appeals
on March 10, 1994, pertaining to property located at 1040 Agate Street, Howard and Janice
Arcand appellant; 1150-80 C�shing Circle, St. Paul Port Authority appellant; and 1025 York
Avenue, Tomway Associates appellant.
Adopted Yeas - 7 Nays - 0
25. Resolution - 94-394 - Approving action of the Property Code Enforcement Board of Appeals
on March 10, 1994, pertaining to property at 1040 Agate Street, Howard and Janice Arcand
appellant; 1552 Woodbridge Street, Ed Dumas appellant; and 514 Humboldt Avenue, David
Szott appellant.
Adopted Yeas - 7 Nays - 0
26. 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. (To be laid over one week for adoption)
Adopted Yeas - 7 Nays - 0
27. 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;
Eastern 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. (To be laid over
one week for adoption)
Laid over to April 13 for adoption
28. 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,
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April 6, 1994
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. (To be laid over one week for adoption)
Laid over to April 13
29. 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. (To be laid over one week for adoption)
Laid over to April 13 for adoption
30. 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. (To
be laid over one week for adoption)
Laid over to April 13 for adoption
31. 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. (To be laid over one week for
adoption)
Laid over to April 13 for adoption
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April 6, 1994
32. Resolution - 94-361 - Approving renewal of On Sale Wine, On Sale Malt (3.2) and
Restaurant-B License (ID #84258) held by Ho Ho Gourmet, Inc. dba Ho Ho Gourmet
Restaurant, 1985 Old Hudson Road. (Laid over from March 30 for adoption)
Adopted Yeas - 7 Nays - 0
33. Resolution - 94-362 - Approving renewal of Class III Licenses (ID #15394-15744) by:
Gillette, at Prince and Lafayette (parking lot/ramp) and Whitney's Inc., 177 S. Exchange
Street (parking lot/ramp). (Laid over from March 30 for adoption)
Adopted Yeas - 7 Nays - 0
34. Preliminary Order - 94-402 - In the matter of sidewalk reconstruction with integral curb on
the west side of Cedar Street from E. Exchange to E. Tenth Street, the south side of W.
Tenth Street from N. Wabasha Street to St. Peter Street, and the west side of N. Wabasha
Street from W. Exchange Street to W. Tenth Street, and setting date of public hearing for
May 18, 1994. (File #S9414)
Adopted Yeas - 7 Nays - 0
35. Resolution Approving Assessment - 94-403 - In the matter of condemning and taking a
permanent storm sewer easement and temporary construction easement in connection with
the Hampden/University Area Storm Sewer Separation Project located near Raymond and
Wabash Avenues, and setting date of public hearing for May 18, 1994. (File #18724E)
Adopted Yeas - 7 Nays - 0
36. Resolution Approving Assessment - 94-404 - In the matter of construction of a storm sewer
service connection as requested by the property owners in conjunction with the Marshall
Avenue project from Otis Avenue to Cretin Avenue, and setting date of public hearing for
May 25, 1994. (File # 18672-Conn)
Adopted Yeas - 7 Nays - 0
37. Resolution Approving Assessment - 94-405 - In the matter of construction of a storm sewer
at an increased depth in Hamline Avenue at the Juno Avenue intersection as requested by
Cretin-Derham Hall in conjunction with the Edgcumbe/Bayard Area Storm Sewer Project,
and setting date of public hearing for May 25, 1994. (File # 18609-3CD)
Adopted Yeas - 7 Nays - 0
11. Petition of North Atlantic Technologies, Inc., for the vacation of part of Mackubin Street
located southwesterly of Como Avenue bounded on the east by Lot 1, Block 2, Rosenthal
Addition and for part of Atwater Street lying southwesterly of Como Avenue bounded on
the north by Lot 1, Block 2, Rosenthal Addition. (For referral to the Finance Department
for check as to sufficiency and for recommendation.)
Councilmember Rettman explained that in the past, requests for street vacations would
come to the city and be done and then site plans would come before the Council. Changes
were later made that the actual cost of the street vacation would be reduced if
improvements were made to the property such as landscaping or if job retention was
involved in order to keep businesses in an area. Rettman stated that this has been a
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April 6, 1994
problem property in Ward 5 and, although the neighborhood is pleased with the presence of
North Atlantic Technologies, the neighbors would like a site plan review as well as district
council and neighborhood review.
Councilmember Rettman moved for referral of the petition to the Finance Department.
Roll Call Yeas - 7 Nays - 0
17. Resolution - 94-386 - Amending the 1994 budget by adding $72,537 to the Financing &
Spending Plans in Police Special Projects for acceptance and approval to spend grant award
to establish Police Substations.
Noting that the Police Department will be hiring a crime prevention coordinator to
implement the development of substations, Councilmember Megard questioned if the person
hired will be a regular employee or an independent contractor.
Al Singer, Commander of Police Department Operations, responded that the plan is that an
individual contractor would be hired. The salary will be $32,000 and approximately $8,000
for benefits.
Megard eacpressed concerns about the use of an independent contractor saying that if the
person is going to be using city space, s/he should be a regular employee.
Megard questioned what criteria will be used to set up substations and the number. Singer
replied that cunently there is not a specific number they are looking at. The plans are to
initially open a substation on the West Side and possibly another on the East Side. Also,
staffing must be secured for the one already open on Selby Avenue. There are no dollars
budgeted to purchase or rent property. One of the objectives of the coordinator will be to
seek places that may be community funded. However, there are stipulations in the grant as
to where substations can be located. They would generally be in areas where there are
higher calls for police services.
Megard further questioned how the crime prevention coordinator's work with block clubs
will conform with the Police Department's current crime prevention program.
Singer responded that he did not anticipate problems. They cunently do work with block
clubs and citizens to get them involved in police work. It is felt that staffing substations with
community volunteers fits into the overall picture of community involvement with team
policing, etc.
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
18. Resolution - 94-387 - Approving loan application for the Department of Public Works Inflow
and Infiltration program in the amount of $600,000 for the capital construction and
inspection.
Michael Kassen, Public Works Sewer Division, explained the resolution stating that the loan
is a low-interest loan from the State's revolving loan fund. The repayment schedule for this
loan will start in 1996 and is a 20-year payback.
Councilmember Harris questioned where the revenue will come from to repay the loan.
Mr. Kassen responded that it will come from the sanitary sewer fund.
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
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April 6, 1994
21. Resolution - 94-390 - Pledging to hold harmless and defend any claims brought against
Daytons for their voluntary participation as a parking site for the €e�} Saint Paul Saints
home games during the 1994 season.
Councilmember Blakey requested that the words "forty (40) home games" be deleted from
the second whereas of the resolution and moved approval with this amendment.
Adopted as amended Yeas - 7 Nays - 0
38. Resolution - 94-43 - Approving cancellation of various uncollectible registered bills in the
amount of $115,523.26. (Laid over from March 9)
Councilmember Rettman moved to layover to May 4 at the request of the Administration.
Roll Call Yeas - 7 Nays - 0
39. Resolution - 94-406 - Concurring in the issuance of a letter of intent to the River Valley
Preservation Company indicating the City's interest in locating a restored vintage towboat
converted to a restaurant/bed and breakfast facility on the Riverfront between the High
Bridge and Robert Street Bridge.
Robert Piram, Superintendent of Parks and Recreation, explained that this resolution would
allow the Administration to issue a letter of intent allowing the city to begin to negotiate a
lease agreement with the River Valley Preservation Company for locating a towboat to be
converted to a bed and breakfast somewhere between the High Bridge and the Robert
Street Bridge. Six sites have been identified where the restored towboat could be located.
The negotiated agreement would be brought back to the City Council between now and
June 1, 1994.
Councilmember Rettman asked what process is going to be used in the event someone else
were to come forward with a similar proposal.
Any proposal received would be looked at, working with the proposer, and a deternunation
would be made as to whether it should be presented to the City Council, Piram stated. It
would be based on the proposal being consistent with the Master Plan for the particular
park, talking with the individual to determine if they really had the ability to deliver what
they are proposing, etc.
Councilmember Hams stated that he would like to see that this will be competitive.
Pam Wheelock, Mayor's Chief of Staff, stated that the Mayor's Office agreed to submit this
proposal because they believe that there are sites available for this venture which would be
in the interest of the city to enter into a lease arrangement. There has been no specific
discussion of which site would be preferable and would be recommended to the Council
because they want to insure that it is based on criteria which could be used to evaluate any
other requests that may come forward at a later time. With respect to the public dock, a
major investment is being made and, again, the Mayor's Office will want to be very clear on
the criteria used to deternune appropriate use of the dock. Another issue is the financial
terms, and it has been clear with the party involved in the discussions that no decision or
recommendation has been made yet.
Councilmember Grimm expressed concern about making a decision on this issue without
involving the groups that are involved in reiverfront development. "There is a lot of talk left
to go," she said. She suggested including some of the things in the resolution that axe not
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April 6, 1994
there but which seem to be the intent.
Ms. Wheelock added that there is a drop-dead date of June 1, 1994 to make a decision or to
close on the financing in order to complete the renovation on a timely basis. It is felt that
the new Riverfront Development Commission will be operating in time for them to review
and comment on any proposed contract that is brought back to the Council for final review.
An additional "whereas" and "resolved" were proposed by Councilmember Grimm.
Councilmember Grimm moved approval of the amendments.
Roll Call Yeas - 6 Nays - 1(Guerin)
Councilmember Harris also proposed an amendment to the resolution which has been
incorporated.
Harris requested that within 30 days the Mayor's Office and the Division of Parks to prepare
a list of criteria that could be circulated to other businesses to allow them an opportunity to
have a business on the riverfront.
Councilmember Megard moved approval as amended.
Adopted as amended Yeas - 6 Nays - 1(Harris)
40. 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 March 16)
Councilmember Rettman moved to lay over to April 27.
Roll Call Yeas - 7 Nays - 0
41. 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 March 16)
Councilmember Rettman moved to lay over to April 27.
Roll Call Yeas - 7 Nays - 0
42. 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 March 16)
Councilmember Rettman moved to lay over to April 27.
Roll Call Yeas - 7 Nays - 0
(Council President Thune left the meeting at this time)
43. Resolution - 94-407 - Amending the Civil Service Rules by striking Section S.G pertaining to
Pensioners in its entirety and relettering Section H.
Councilmember Megard suggested this resolution be sent to committee. She felt this change
to the Civil Service Rules would give the perception that employment with the city is a
revolving door. Further, she does not feel that affirmative action is going to be helped by
eliminating the rules. Megard suggested that the current rules on temporary employees
should also be reviewed. The use of retirees may be cost effective in terms of training,
however, city employment is also an opportunity for people.
This was very site and people specific when ti came forward, Councilmember Rettman said.
One of the concerns was that once there was a legal opinion, it needed to go before the
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April 6, 1994
Council for a determination of whether or not a policy discussion should be held.
Mark Robertson, Human Resources Office, said he is not aware of any retirees who are
• working as temporary employees.
Councilmember Megard and Blakey moved to refer the resolution to the City Operations
Committee.
Roll Call Yeas - 6 Nays - 0
(Council President Thune returned during the reading of the following item)
44. Resolution - 94-408 - giving preliminary approval for refinancing a multi-family rental
housing development project located at 1322 Alton Street and 2335 Stewart Avenue, and for
the Housing and Redevelopment Authority to issue refunding bonds for the Woodstone
Apartments Project.
(this was a public hearing rather than a discussion item)
No one appeared in opposition.
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
45. Resolution - 94-303 - Amending the Civil Service Rules by establishing the position of
Administrative Assistant in the unclassified service of the City of Saint Paul. (Conesponds
with C.F. 94-304, Item # 48) (Laid over from March 30)
The administrative assistant position which is proposed is to be the staff person for the
Civilian Review Board, Councilmember Megard noted. She requested that the resolution be
amended to add language to that effect.
Councilmember Hams proposed an amendment that the position would be in place as long
as the board exists.
Councilmember Megard moved approval with both amendments.
Approved as amended Yeas - 7 Nays - 0
COMMITTEE REPORTS
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Legislative Code � pertaining to nuisance abatement by making vermin feeding a nuisance
consistent with Section 45.03. (City Operations Committee recommends approval as
amended)
Laid over to April 13 for third reading/public hearing.
47. Resolution - 94-409 - Supporting additional access to bond pools for tatc exempt bonowing
for the City and District Heating and Cooling. (Intergovernmental Relations Committee
submits without recommendation)
Councilmember Rettman said she had concerns and does not feel this is the best use of
bonding.
Councilmember Blakey moved approval.
Approved 5-1 (Rettman) (Guerin not present for vote)
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April 6, 1994
ORDINANCES
48. 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)
Councilmember Rettman proposed an amendment that the ordinance would sunset between
12 and 18 months after passage.
Amended and laid over to April 13 for final adoption.
49. Second Reading - 94-369 - An ordinance amending the Legislative Code by adopting
Chapter 34 relating to Minimum Property Maintenance Standards for all Structures and
Premises.
Laid over to April 13 for third reading/final adoption.
50. Second 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.
Laid over to April 13 for third reading/final adoption.
51. Second Reading - 93-1094 - An ordinance amending Section 45.03 of the Legislative Code
pertaining to the abatement of nuisances. (City Operations Committee recommends item be
withhdrawn)
Councilmember Harris moved withdrawal.
Roll Call Yeas - 7 Nays - 0
52. Second 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)
Laid over to April 13 for third reading/final adoption.
53. Second Reading - 93-1473 - An ordinance amending Chapter 45.03, Subd. 9 of the
I.egislative Code pertaining to open sewer lines and connections as it relates to nuisances.
(City Operations Committee recommends approval)
Laid over to April 13 for third reading/final adoption.
54. First 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. (To be laid over one week for Second Reading)
Laid over to April 13 for second reading.
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April 6, 1994
PUBLIC HEARINGS
55. Third Reading - 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.
No one appeared in opposition.
Laid over to April 13 for final adoption.
56. Third Reading - 94-342 - An ordinance finalizing 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 hearing held March 2)
No one appeared in opposition.
Laid over to April 13 for final adoption.
57. Third Reading - 94-343 - An ordinance finalizing City Council action approving a petition of
Midway Chevrolet, Inc. to rezone property located at 1330-1334 Sherburne Avenue to B-3.
(Public hearing held March 2)
No one appeared in opposition.
Laid over to April 13 for final adoption.
58. Resolution - 94-411 - Approving application for a General Repair Garage License (I.D.
#45893) by Park & Repair, Stephen J. Allbee, Owner, for property located at 741 W.
University Avenue.
No one appeared in opposition. Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
(Councilmember Blakey left the meeting at this time)
59. Resolution - 94-412 - Authorizing acquisition by the Housing and Redevelopment Authority
of property located at 795 Sims Avenue through eminent domain and a quick-take.
No one appeared in opposition. Councilmember Grimm moved approval.
Adopted Yeas - 6 Nays - 0
(Councilmember Blakey returned at this time)
60. Resolution Ratifying Assessment - 94-413 - In the matter of the assessment of benefits, cost
and expenses for the Upper Swede Hollow Area Lighting Project. (File #18694)
No one appeared in opposition. Councilmember Guerin moved approval.
Adopted Yeas - 7 Nays - 0
61. Final Order - 94-414 - In the matter of improving Sherwood Avenue from Westminster
Street to approximately 325 feet west of Westminster Street by grading, paving, constructing
concrete curb and gutter, constructing sanitary sewer with service connections, constructing
street lighting system, and constructing storm water drainage facilities. (File # 18736)
(Note: three (3) week layover has been requested)
No one appeared in opposition. Councilmember Rettman moved to layover to Apri127.
Roll Call Yeas - 7 Nays - 0
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April 6, 1994
62. Final Order - 94-415 - In the matter of installing public water main and service connec-tions
in Sherwood Avenue from Westminster Street to approximately 400 feet west of
Westminster Street. (File #18736-W)
No one appeared in opposition. Councilmember Rettman moved to layover to Apri127.
Roll Call Yeas - 7 Nays - 0
63. Final Order in Condemnation Proceedings - 94-416 - In the matter of condemning and
taking an easement in the land necessary for the slopes, cuts and fills, including right of
removal of lateral support from subject land or remainder thereof, occasioned by
excavations or construction of slopes in the grading and paving of Sherwood Avenue from
Westminster Street to approximately 325 feet west of Westminster Street. (File #18736-5)
No one appeared in opposition. Councilmember Rettman moved to layover to Apri127.
�toll Call Yeas - 7 Nays - 0
Suspension Item
Councilmember Rettman moved for suspension of the rules to introduce the following
resolution.
Roll Call Yeas - 7 Nays - 0
Resolution - 94-401 - approving two combined sewer separation projects to remain at the
Metropolitan Council and be reviewed and rated for possible ISTEA funding.
It was noted by Councilmember Rettman that the Public Works Department was notified in
late March that they could add to their ISTEA request which was previously adopted.
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
The meeting was recessed for a short time at this point.
64. City Council Public Hearing regarding the Report of the Administrative Law Judge's
Findings of Fact, Conclusions, and Recommendations pertaining to adverse action against
license held by Rick Schmoll, dba Dairy Queen, 280 West Seventh Street.
Phil Byrne, Assistant City Attorney presented the findings and recommendations of the
administrative law judge.
Rick Schmoll, Dairy Queen owner, provided testimony.
Discussion ensued and Councilmember Rettman moved acceptance of the Report of the
Administrative Law Judge.
Roll Call Yeas - 7 Nays - 0
65. City Council 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 John T. Kaufman, President, dba the Badger Lounge, 738 University
Avenue.
The �ndings and recommendation of the administrative law judge were presented by Phil
Byrne, Assistant City Attorney.
Testimony was taken from John Kaufman, owner of Badger Lounge.
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April 6, 1994
Extensive discussion ensued.
Councilmember Blakey moved to accept the Report of the Administrative Law Judge.
Roll Call Yeas - 7 Nays - 0
Councilmember Blakey moved to impose a three (3) day closing with two (2) days stayed for
a period of 18 months.
Roll Call Yeas - 6 Nays - 1(Harris)
66. City Council 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 Farmers Choice Fresh Meats, 804 University Avenue.
Phil Byrne, Assistant City Attorney, presented the finding and recommendations of the
administrative law judge.
Public testimony was taken from John McKenzie, attorney representing Farmers Choice
Fresh Meats.
Extensive discussion took place.
Councilmember Blakey moved to accept the Report of the Administrative Law Judge.
Roll Call Yeas - 7 Nays - 0
Councilmember Blakey moved approval of the resolution ordering closure of the business
upon publication of the resolution in the Legal Ledger and a$1,000 fine.
Adopted Yeas - 7 Nays - 0
Councilmember Megard moved to adjourn the meet' g.
R AT • 1 . .
Council Pre d , David Thune
ATTEST:
Minutes approved by Council
Nancy Ander
Assistant Coun 1 Secretary ' L
K:SUM4-6/lt
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