Minutes 03-30-1994 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
MARCH 30, 1994
3:30 P.M. Room 330 City Hall and Court House
Saint Paul, Minnesota
The meeting was called to order at 3:40 p.m. by Council President Thune.
Present - 7- Councilmembers Blakey, Grimm, Guerin, Harris, Megard, Rettman, Thune
Absent - 0
CONSENT AGENDA
Councilmember Rettman requested Item 19 be removed for discussion.
Councilmember Harris requested Items 21 and 22 be removed for discussion.
Councilmember Grimm requested Item 24 be removed to discuss with 32.
Councilmember Rettman moved approval of the Consent Agenda as amended.
Adopted Yeas - 7 Nays - 0
FOR ACTION
1. Approval of minutes of February 16 and February 23, 1994 City Council Meetings and
March 9, 1994 (Closed Door Session).
Adopted Yeas - 7 Nays - 0
2. Claims of Laura Johnson, Mary E. Lappegaard, David Nordhausen, Jacie Tyler, and Roy's
Phillips "66".
Referred to City Attorney's Office
3. Administrative Orders:
D94-076 - approving payment not to exceed $200.00 for Library Processing staff retreat at
Wilder Forest.
D94-077 - 1993 budget revision in Executive Administration/General Fund.
D94-078 - 1993 budget revision in the Department of Planning and Economic
Development/Operations Fund.
D94-079 - 1993 budget revision in the Department of Planning and Economic
Development/Parking and Transit Fund.
D94-080 - approving payment not to exceed $2400.00 to the Radisson Hotel Saint Paul for
classroom space for police training.
D94-081 - 1994 budget revision in the City Council Office/General Fund.
D94-082 - 1993 budget revision in the Office of Human Resources/General Fund.
D94-083 - 1994 budget revision in the Office of Human Resources/General Fund.
D94-084 - approving payment not to exceed $290.00 for registration fees for the State
Bicycle Conference at the Sheraton Midway.
D94-085 - 1993 budget revision in the Police Department/Surface Parking Enforcement
Unit.
March 30, 1994
D94-086 - 1993 budget revision in the Police Department/General Fund.
Noted as on file in City Clerk's Office
4. Summons and Complaint in the matter of Eric Lorens Brynestad vs. the City of Saint Paul,
et al.
Referred to City Attorney's Office
5. Letter from the City Attorney announcing date for continuation of hearing on April 12, 1994
before an Administrative Law Judge pertaining to adverse action against licenses held by B
H& M Inc. dba Born's Dutch Bar at 899 Rice Street.
6. Letter from the City Attorney announcing dates of hearing on April 26-28, 1994 before an
Administrative Law Judge pertaining to adverse action against licenses held by James L.
Harding and Betty Lou Harding of Jimbee Corporation dba Mike's Bar at 326 Grove Street.
7. Letter from the City Attorney announcing date of public hearing before the City Council on
April 6, 1994 on the report of the Administrative Law Judge pertaining to adverse action
against licenses held by John T. Kaufman dba Badger Lounge at 738 University Avenue
West.
8. Letter from the City Attorney announcing date of public hearing before the City Council on
April 6, 1994 on the report of the Administrative Law Judge pertaining to adverse action
against licenses held by Rick D. Schmoll dba Dairy Queen at 280 West Seventh Street.
9. Letter from the City Attorney announcing date of public hearing before the City Council on
April 6, 1994 on the report of the Administrative Law Judge pertaining to adverse action
against licenses held by Farmers Choice Fresh Meats, Inc. at 804 University Avenue West.
10. Letter from the Public Health Department declaring property at 193-197 Western Avenue
North as "nuisance property". (For notification purposes only; public hearing will be
scheduled at a later date if necessary.)
11. Resolution - 94-320 - approving the reappointments of Richard Murphy and Deborah Miller,
and the appointments of Robert Lunning, Andrew Earhart, Peter Kessler, Michelle Vojacek,
by Mayor Coleman, to the Heritage Preservation Commission. (Laid over from March 23
for adoption)
Adopted Yeas - 7 Nays - 0
12. Resolution - 94-321 - approving renewal of Class III Gambling Premise Permits (ID
#B03074) by Minnesota/USA Wrestling, Inc. at Judy K's, 258 W 7th St., and Champp's,
2431 W. 7th St. (Laid over from March 23 for adoption)
Adopted Yeas - 7 Nays - 0
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March 30, 1994
13. Resolution - 94-322 - approving renewal of various On Sale Liquor and Supporting Licenses
(ID # 16063-26897) by: Sundance Lanes, 2245 Hudson Road; Michael's, 1179 7th St. E.;
Easy Street West, 616 Como Ave.; Legends Sports Bar & Benjamin's Coffee Shop, 161 St.
Anthony Ave. (Laid over from March 23 for adoption)
Adopted Yeas - 7 Nays - 0
14. Resolution - 94-323 - approving renewal of various On Sale Liquor and Supporting Licenses
(ID #14306-88751) by: LeeAnn Chin Chinese C�isine, 214 4th St. E.; Triviski's Bar, 173
Robert St. S.; Sweeney's Saloon, 96 Dale St. N.; Radisson St. Paul Hotel, 11 Kellogg Blvd.
E.; China Dynasty Restaurant, 338 St. Peter St. (Laid over from March 23 for adoption)
Adopted Yeas - 7 Nays - 0
15. Resolution - 94-324 - approving renewal of Inactive Off Sale Liquor License (ID # 12456) by
Duane Thomas and Antoinette Severin, dba Jackie's Spirits of St. Paul, 175 E. Sth St. # 111.
(Laid over from March 23 for adoption)
Adopted Yeas - 7 Nays - 0
16. Resolution - 94-361 - approving renewal of On Sale Wine, On Sale Malt (3.2) and
Restaurant-B License (ID #84258) by Ho Ho Gourmet Inc., dba Ho Ho Gourmet
Restaurant, 1985 Old Hudson Road. (To be laid over one week for adoption)
Laid over to April 6
17. Resolution - 94-362 - approving renewal of Class III Licenses (ID #15394-15744) by:
Gillette located at Prince & Lafayette (Parking Lot/Ramp); and Whitney's Inc., located at
177 Exchange Street S. (Parking Lot/Ramp). (To be laid over one week for adoption)
Laid over to April 6
18. Resolution - 94-363 - endorsing the passage of the State of Minnesota enabling legislation to
allow private colleges to hold beer and wine licenses.
Adopted Yeas - 7 Nays - 0
19. (Discussed later in the meeting)
20. Resolution - 94-365 - amending the 1994 budget by adding $115,984 to the Financing and
Spending Plans in Water Utility to restore positions vacated through early retirements.
Adopted Yeas - 7 Nays - 0
21. (Discussed later in the meeting)
22. (Discussed later in the meeting)
23. Resolution - 94-367 - amending the 1994 budget by adding $100,000 to the Financing and
Spending Plans in the Department of Planning and Economic Development for the Fourth
C�cle Wabasha Development Initiative Phase II Urban Revitalization Action Program
Project.
Adopted Yeas - 7 Nays - 0
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March 30, 1994
24. 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. (Laid over
from March 16) (Corresponds with C.F. 94-304, Item #32).
L,aid over to April 6(in conjunction with item #32)
25. Preliminary Order - 94-368 - in the matter of improving East Sixth Street between Bates
Avenue and Maple Streets by constructing bumpouts at the Bates Avenue and Maple Street
intersections, and setting date of public hearing for May 4, 1994. (File #18739)
Adopted Yeas - 7 Nays - 0
19. Resolution - 94-364 - supporting the revision of duties and reinstatement of a Citizen
Participation Coordinator in the 1994 budget.
Councilmember Megard discussed the basis for bringing this resolution forward stating that
funding for the Citizen Participation Coordinator position was removed during the 1994
budget process; however, the position still exists. District councils and community organizers
are requesting that the position be reinstated. The Coordinator position has been in
existence since 1975 when the district council system was established. The Coordinator's
duties include assisting the district councils with troubleshooting, answering questions,
assisting with board training and training community organizers. Councilmember Megard
further noted the importance of this position saying that presently one-third of the
organizers have been in their positions less than one year and, also, there are several
community councils that have experienced significant problems in the past year. It is felt
that there is an immediate need for staff and additional training in various areas, Megard
said. Further, it is felt that the efficiencies of government are advanced because of the
networking provided by this position. The resolution asks for reinstatement of the position
but is not identifying a specific person.
Pam Wheelock, Mayor's Chief of Staff, stated that this issue has been discussed extensively
with many people. The Mayor feels strongly that a central contact point is needed. The
Mayor's Office will look at the essential functions that had been performed and make a
determination as to which functions could be performed by either one city staff person or
multiple staff and in which manner they should be performed.
Councilmember Rettman stated that she cannot support adding a position. During 1994
budget deliberations, the dollars from this position were reallocated into crime prevention
activities. Some of these funds were used to fund other positions in the district councils. It
is her feeling that there are individuals in the Department of Planning and Economic
Development who could assume some of the duties as well someone outside of city
government or private entities that could possibly perform some of the tasks.
Councilmember Guerin concurred that the revenue is not available to add new positions and
there should be a way to work this out using current employees.
Considerable discussion ensued on the entire issue including whether there should be a
single point of contact or multiple contacts. Ms. Wheelock suggested the issue be laid over
in order to gather additional information.
Councilmember Grimm moved to lay over two weeks.
Roll Call Yeas - 5 Nays - 2(Blakey, Megard)
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March 30, 1994
21. Resolution - 94-366 - amending the 1994 budget by adding $328,046 to the Financing and
Spending Plans in Public Works to restore Street Service Worker positions within the Street
Repair and Cleaning vacated through early retirement.
Councilmember Rettman noted that street and alley maintenance has a separate budget
hearing because it is not part of the general levy rather but rather fees are assessed. A level
of service was set at the time of the 1994 hearing as well as the rates. At the time the early
retirement positions were eliminated, the Council was not aware of exactly how many people
would be retiring. It is necessary to restore 6.9 FTEs to the street repair and cleaning work
force in order to fulfill the service needs.
Councilmember Rettman moved approval
Adopted Yeas - 7 Nays - 0
22. 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 16)
Councilmember Harris moved a two week layover at the request of the Mayor's Office.
Roll Call Yeas - 7 Nays - 0
ORDINANCES
26. Final Adoption - 93-1828 - an ordinance amending Appendix H of the Saint Paul Legislative
Code relating to cable television regulation by inserting language in compliance with the
Cable Television Consumer Protection and Competition Act of 1992 and the resulting FCC
regulations. (Public hearing held March 23)
Councilmember Guerin stated he did not have an opportunity to review the material that
was distributed on the cable issue.
Holly Yerigan, City Cable Office, reported that the Council must take action no later than
April 13 in order to have the regulations in place when the rate freeze is lifted on May 15.
Councilmember Rettman moved approval.
Adopted Yeas - 6 Nays - 1(Guerin)
27. Final Adoption - 93-1829 - an ordinance amending Chapter 430 of the Saint Paul Legislative
Code relating to cable television regulation by inserting language in compliance with the
Cable Television Consumer Protection and Competition Act of 1992 and the resulting FCC
regulations. (Public hearing held March 23)
Councilmember Rettman moved approval.
Adopted Yeas - 6 Nays - 1(Guerin)
28. Second Reading - 94-341 - an ordinance amending Chapter 324 of the Saint Paul Legislative
Code relating to the sale of tobacco to minors and establishing presumptive penalties for
stipulated violations.
L.aid over to April 6 for third reading/public hearing.
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March 30, 1994
29. Second Reading - 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 South Osceola Avenue to B-2 (Public hearing held March 2)
Laid over to April 6 for third reading/public hearing.
30. Second 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)
Laid over to April 6 for third reading/public hearing.
31. First 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 6 for second reading.
PUBLIC HEARINGS
32. Third Reading - 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 Saint Paul Charter.
No one appeared in opposition.
Laid over to April 6 for final adoption.
(Council President Thune left the meeting at this time)
33. Resolution - 94-162 - approving application (ID #22238) for a General Repair Garage
License by Seng Thor Khang, dba Arcade Super Auto Repair, 1324B Arcade Street. (Laid
over from March 16)
Councilmember Grimm presented an amendment to the resolution stating that the license is
"approved with the condition that "no" on-street parking of vehicles taken in repair shall be
allowed."
No one appeared in opposition. Councilmember Grimm moved approval as amended.
Adopted Yeas - 6 Nays - 0
34. Resolution - 94-370 - approving application (ID #53113) for a Gambling Manager's License
by Mark S. Larson, dba Dead Broke Saddle Club, at Twins Motor Inn/Irish Well, 1975 W.
University Avenue.
No one appeared in opposition. Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
35. Resolution - 94-371 - approving application (ID # 12202) for a Class A Gambling Location
License by EM-TY Corporation, dba Twins Motor Inn/Irish Well, 1975 W. University
Avenue.
No one appeared in opposition. Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
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March 30, 1994
36. Resolution - 94-372 - approving application (ID #B-03800-T98) for a State Class B
Gambling Premise Pernut by Dead Broke Saddle Club at Twins Motor Inn/Irish Well, 1975
W. University Avenue.
No one appeared in opposition. Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
37. Resolution - 94-373 - approving application (ID #B-00812) for a State Class B Gambling
Premise Permit by Catholic Parents Club at Christensen's Bar, 1567 University Avenue W.
No one appeared in opposition. Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
38. Resolution - 94-374 - approving application (ID #17931) for a Gambling Manager's License
by Thomas W. Maurer, dba Catholic Parents Club, at Christensen's Bar, 1567 University
Avenue W.
No one appeared in opposition. Councilmember Megard moved approval.
Adopted Yeas - 6 Nays - 0
39. Resolution - 94-375 - approving renewal of Class III Gambling Premise Permit by Star &
Shield at Phalen Park Hall, 1324 E. Rose.
No one appeared in opposition. Councilmember Grimm moved approval.
Adopted Yeas - 6 Nays - 0
(Council President Thune returned at this time)
40. Resolution - 94-376 - approving application (ID #80806) for transfer of a Gambling
Manager's License held by Donald Mastro, dba Twin Cities Metro Chapter UNICO
National, at Joe & Stan's, 949 W. 7th Street, to Patrick E. Tucci at the same address.
No one appeared in opposition. Councilmember Guerin moved approval.
Adopted Yeas - 7 Nays - 0
41. Resolution - 94-377 - approving application (ID #75131) for an Off Sale Liquor License by
John Gabriel, dba Jack's Liquor, 111 E. Kellogg Blvd., # 130.
No one appeared in opposition. Councilmember Guerin moved approval.
Adopted Yeas - 7 Nays - 0
42. Resolution Ratifying Assessment - 94-378 - in the matter of construction of storm sewer
service connections, as requested by the property owners, in conjunction with the
Cleveland/Marshall Area Storm Sewer and Street Lighting and Paving Projects. (File
# 18672-SCON)
No one appeared in opposition. Councilmember Megard moved approval.
Adopted Yeas - 7 Nays - 0
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March 30, 1994
43. Resolution Ratifying Assessment - 94-379 - in the matter of water service connections, that
have been constructed, as requested by property owners, in conjunction with the
Palace/Toronto Area Storm Sewer and Street Paving and Lighting Projects. (File #18675-
CWTR)
No one appeared in opposition. Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
44. Final Order - 94-307 - in the matter of improving the alley in Block 3, Hazel Park Division
4, by grading and paving with bituminous material. (Bounded by York, Sims, White Bear,
and Van Dyke) (File # 18733). (Laid over from March 16)
Councilmember Grimm stated that the neighbors decided against improving the alley and a
petition was circulated and presented to that effect.
Councilmember Grimm moved withdrawal.
Roll Call to Withdraw Yeas - 7 Nays - 0
45. Final Order - 94-308 - in the Matter of the alley in Block 3 Hazel Park Div. 4(York, Sims,
White Bear, and Van Dyke). 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 thereof or construction of slopes in the grading
and paving of said alley (File # 18733-S). (Laid over from March 16)
Councilmember Grimm moved withdrawal.
Roll call to Withdraw Yeas - 7 Nays - 0
SUSPENSION ITEM:
Councilmember Grimm moved for suspension of the rules to introduce the following
resolution.
Roll Call Yeas - 7 Nays - 0
First Reading - 94-380 - an ordinance to further amend Chapter 23 and 24 of the
Administrative Code concerning the participation of Councilmembers in the collective
bargaining process.
Laid over to April 6 for second reading.
Councilmember Megard moved to adjourn the meeti .
RN� AT 4:3 p.m.
ou il Pres n avid Thune
ATTEST:
Minutes approved by Council
Nancy An son Ma,y 25. 1994
Assistant Co ncil Secretary
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