Minutes 04-13-1993 MINUTES OF THE SAINT PAUL CITY COUNCIL
Tuesday, April 13, 1993
9:00 A.M. Council Chambers
Third Floor City Hall and Court House
Saint Paul, Minnesota
The meeting was called to order by Vice President Rettman at 9:05 A.M.
Present - 4- Councilmembers Grimm, Long, Maccabee, Rettman
Absent - 3- Councilmembers Guerin, Thune, Wilson (all arrived later in meeting)
Council President Wilson arrived during discussion of the Consent Agenda.
Councilmember Maccabee moved approval of the Consent Agenda.
Adopted Yeas - 5 Nays - 0
CONSENT AGENDA
FOR ACTION
1. Approval of City Council minutes of the March 11 and March 16, 1993 meetings.
Adopted Yeas - 5 Nays - 0
2. Claims of Harry Selken and Ramona M. Towner.
Referred to City Attorney's Office.
3. Correspondence from Sharon Scarrella Anderson. cc # 13728
4. Notice of an appeal by Donald E. Keefe, Sr. and Mary J. Keefe to the condemnation matter
regarding the State of Minnesota vs Sandco International, Inc., et al.
5. Petition of the City of Saint Paul to vacate Floodwall areas in the Riverview Industrial Park
and southerly of the Mississippi River.
6. Letter of the Ramsey County Department of Taxation transmitting application AC 92-6125
' for reduction of assessed valuation of real estate at 1563 and 1565 Como Avenue.
c c # 13729
7. Resolution - 93-425 - authorizing the Real Estate Division to submit an application to
Ramsey County for a tax forfeited parcel in conjunction with the Minnehaha/Ruth Sewer
Project approved by C.F. 93-143.
Adopted Yeas - 5 Nays - 0
199
April 13, 1993
8. ' Resolution -93-426 - approving renewal of various Class III Licenses for: Minni Market,
� Brooks Superettes # 16, Finaserve Inc. Healing Touch Christian Ministries, Inc., Municipal
Stadium, Highland 9 Hole Golf Course, Aliright Parking, Holiday # 5, Holiday # 31,
Holiday's, Holiday Station Store # 43, Capital Market, Clark Station, Jackson Ramp, Clark
Oil 8� Refining Corp., Allright Parking Mn. Inc., Target, Jerry's New Market, Mounds Park
Quick Stop, Target Store #T68, Markell's North Star, Downtowner Car Wash, Holiday
Station Store # 004, Phillip's 66, Clark Oil & Refining Corp, Special Interest Autos, Smith
Avenue E-Z Stop, Allright Parking MN, Inc. (4 applications), Amoco Food Shop, Minni
Market # 3, Midway Hyundai, Inc., Allright Parking Mn Inc., Junior Achievement Ramp,
Epilepsy Foundation of MN/Narducci's, Farmers Market, Give Inc/ Ryan's, Allright Parking
MN inc., Kamp's, Allright Parking Inc. (3 applications),Phalen Park Golf Course, Sinclair
Retail #22046, Keefe Co, Marshall/Cretin Standard, Don Burns Amoco, Highland 18 Hole
Golf Course, Gala Foods, Allright Parking, Finaserve Inc., Allright Parking Minnesota Inc., �
Sinclair Retail #22053 and ACA Management #351. (To be laid over one week for
adoption)
Laid over until April 20th.
9. Resolution - 93-427 - approving an application for renewal of an On Sale Liquor-C,
Restaurant-B, Sunday On Sale Liquor, and Gambling Location - C by 738 University Avenue
Inc., dba Badger Lounge at 738 W. University Avenue. (To be laid over one week for
adoption)
Laid over until April 20th.
10. Resolution - 93-428 - approving an application for renewal of an On Sale Liquor Club-B,
Sunday On Sale Liquor, and Restaurant-B License by Attucks Brooks Post 606 at 976
Concordia Avenue. (To be laid over one week for adoption)
� Laid over until April 20th.
11: Resolution - 93-429 - approving renewal of various On Sale Liquor and Supporting Licenses
by: Alary's Bar, Sundance Lanes, Ron's Bar, Cromwell Bar & Restaurant, Johnny's Cocktail
Lounge, Tiffany Lounge, Mlchael's, Joe & Stan's, Pub East, Lentsch's and B. V.
Peppercorn's. (To be laid over one week for adoption) .
Laid over until April 20th.
12: Resolution - 93-430 - approving renewal of various Class III Licenses by: Lowry Ramp,
Sokol Minnesota, Harriet Island, West 7th Street Amoco, Prosperity Booster Club/Mounds
Park Lounge, Midwest Hotel and Highland 66. (To be laid over one week for adoption)
Laid over until April 20th.
13. Resolution - 93-431 - approving renewal of various On Sale Liquor and Supporting Licenses
by: Willard's Bar, Benson's Bar, Half Time Rec, The Buttery, Lyon's Pub on Grand,
Shannon Kelly's and St. Paul Civic Center. (fo be laid over one week for adoption)
Laid over until April 20th.
200
April 13, 1993
14. Resolution - 93-432 - approving renewal of Various Class III Licenses by: Whitney's Inc., St.
Paul Police Pistol Club, Montgomery Ward # 1326, Pizza Hut #426025, Thomas Casperson,
Vinland National Center/Mancini's, Pioneer Truck & Trailer Repair and Morency's Auto
Repair. (To be laid over one week for adoption)
Laid over until April 20th.
15. Resolution - 93-433 - approving renewal of various On Sale Uquor and Supporting Licenses
by: Nickels Sports Bar, Schwietz's Bar, Triviski's Bar, Yannarelly's, Gabe's By The Park,
Porky's, Arcade Bar, Reaney's Bar, O'Gara Bar & Grill, River Room & Iron Horse, Vogel's
� Lounge, Sweeney's Saloon, Easy Street West, Pat McGovern's, Arlington Pub, Herge's Bar,
Wallace's Westsider, Goby's Grille & Pub, Chuck's Bar and Governor's. (To be laid over
one week for adoption)
Laid over until April 20th.
16. Resolution - 93-434 - approving renewal of various On Sale Liquor and Supporting Licenses
by: Leeann Chin Chinese Cuisine, Ciatti's Italian Restaurant, Town & Country Club,
Minnehaha Tavern, Erick's Bar, Yarusso Brothers, Ted's Rec, and Favore' Ristorante'. (To
be laid over one week for adoption)
Laid over until April 20th.
17. Resolution - 93-435 - approving renewal of various On Sale Wine and Supporting Licenses
by: The Quail On The Hill, Lacucaracha Restaurant, Khyber Pass Cafe and Caravelle
Restaurant. (To be laid over one week for adoption)
Laid over until April 20th.
18. Resolution - 93-436 - approving renewal of various Class III Ucenses by: Metro Oil, Metro
Oil, Goodyear Auto Service Center, Joe's Sporting Goods, Ace Radiator Service & Glass
Co., Metro Oil, Ray Joseph Leasing & Sales, Budget Towing Inc. Epilepsy Foundation of
� MN/Turf Club, Center for Therapeutic Massage and Metro Oil. (To be laid over one week
for adoption)
Laid over until April 20th.
19. Resolution - 93-437 - approving renewal of an On Sale Liquor-Club (A), Sunday On Sale
Liquor and Restaurant License by Twin Star VFW Post 8854 at 820 Concordia Avenue. (fo
be laid over one week for adoption)
Laid over until April 20th.
20. Resolution - 93-438 - approving renewal of various Class III Licenses by: Rice Street Car
Wash, Lenfer Transmission, Gillette, Miller Services, St. Paul Honda, Capitol Brake &
Alignment, Coonan Arms, Inc. Firearms Infirmary, Tires Plus, Wilson Auto Salvage, Atlas
Auto Parts, Cappie's Rebuilt & Used Truck Parts, Minnesota Waterfowl Association/Ron's
Bar, Corvette Center Twin Cities Inc., Bandana Square Inn, Community Universal,
Minnesota Waterfowl Association/Beaver Lounge, Midway Hospital Parking Ramp, B B
Dixon's Tavern & Grill and Atwater Auto Body & Collision. (To be laid over one week for
adoption) Laid over until April 20th.
201
April 13, 1993
21. Resolution - 93-439 - approving renewai of various Off Sale Liquor and Supporting Licenses
by: Walfoort Liquors, Buon Giorno Italian Market, Sharrett's Liquors, Parkway Liquors,
Uquor Village, Leo F. Hoye Liquors, Liquor City, Marshall liquor, Yarmo Liquor Store, and
First Grand Avenue Uquors. (To be laid over one week for adoption)
Laid over until April 20th.
22. Resolution - 93-440 - approving renewal of various On Sale Wine and Supporting Licenses
by: South China Island Inn, Cafe Latte', Italian Pie Shoppe & Winery and Peking Restaurant
of St. Paul. (fo be laid over one week for adoption)
Laid over until April 20th.
23. Resolution - 93- - approving renewal of various Off Sale Liquor and Supporting Licenses
by: Quick Stop Liquor, Jackie's Spirits of St. Paul, Big Top Liquors, Moretli's Specialty
Market, Sportsmen's Liquor Store, T's Liquors Inc., Dannecker's Supermarket, Olson
Brothers Liquor, Scott's Liquor Store, Como Rice Liquors, Midway Liquor Store, Steiner
Uquors, K W Liquor Store, Seventh Street Liquor Barrel, Hillcrest Liquor, Beverage Express
Uquor, Rite Liquor, Thomas Liquors and Haskell's. (To be laid over one week for adoption) '
Laid over until April 20th.
24. Resolution - 93-442 - approving renewal of various On Sale Wine and Supporting Licenses
by: Acropol Inn, Cossetta's, Napoli Cafe, Dynasty Rest., Caravan Serai and Muffuletta In
The Park. (To be laid over one week for adoption)
Laid over until April 20th.
25. Resolution - 93-443 - approving renewal of an Off Sale Liquor and Original Container
License by Broadway Liquor Store Inc. dba Johnson Brothers at 1165 Hudson Road. (To
-� be laid over one week for adoption)
Laid over until April 20th.
26. Resolution - 93-444 - approving renewal of a Restaurant-B, 4n Sale 3.2 Malt and On Sale
�ne License by The Barbara Fig Inc. dba The Barbary Fig at 720 Grand Avenue. (fo be
laid over one week for adoption)
Laid over until April 20th.
27. Resolution - 93-445 - approving renewal of an On Sale Liquor-Club (B), Sunday On Sale
Liquor and Restaurant-D License by Rice Street VFV1l Post 3877 at 1134 Rice Street. (To �
be laid over one week for adoption)
Laid over until April 20th.
28. Resolution - 93-446 - approving renewal of an Off Sale Liquor License by MGM Spirits
Express Inc. dba MGM Liquor Warehouse at 1102 W. Larpenteur Avenue. (fo be laid over
one week for adoption)
Laid over until April 20th.
202
Aprii 13, 1993
29. Resolution - 93-447 - approving renewal of an On Sale Wine, On Sale Malt 3.2 and
Restaurant-D License by D& N inc. dba Mai Viilage Restaurant at 422 W. Univers'ity
Avenue. (To be laid over one week for adoption)
Laid over until April 20th.
30. Resolution - 93-448 - approving renewal of a Foods MDPW to 1000 square feet, K-Vehicle,
Catering to 1000 square feet, Restaurant-B, On Sale Wine and On Sale Ma� (Strong)
License by Simone M. Mishulovin dba The Old City Cafe at 1571 Grand Avenue. (To be
laid over one week for adoption)
Laid over until April 20th.
31. Resolution - 93- - approving renewal of various Off Sale Liquor and Supporting Licenses
by: Moudry Apothecary Shop, Four Season's Wines and MGM Liquor Warehouse. (To be
laid over one week for adoption)
Laid over until April 20th.
32. Resolution - 93-450 - approving renewal of various On Sale Wine and Supporting Ucenses
by: Willow Gate Chinese Restaurant, The Barbara Fig and Ho Ho Gourmet Restaurant. (To
be laid over one week for adoption)
Laid over until April 20th.
33. Resolution - 93-451 - approving execution and delivery of a Joint Pledge Agreement in
connection with the issuance by the Housing & Redevelopment Authority of the City it's Tax
� Increment Revenue Bonds (Downtown and Seventh Place Project, Series 1993.
Adopted Yeas - 5 Nays - 0
34. Resolution - 93-452 - approving a three year contract between the City and the Bricklayers
& Allied Craftsmen, Local Union # 1 of Minnesota. (To be laid over one week for adoption)
Laid over until April 20th.
35. Resolution - 93-453 - amending the 1993 Budget of the Police Department to accept a
$33,248 Grant from the State of Minnesota to allow the Police Department/A.C.O.P.
Program to develop Crime Prevention Programs in six areas of the City.
Adopted Yeas - 5 Nays - 0
36. Resolution - 93-454 - amending the 1993 Budget of the Police Department to establish a
budget for the line items of the A.C.O.P. (A Community Outreach Program) grant.
Adopted Yeas - 5 Nays - 0
37. Resolution - 93-455 - amending the 1993 Budget of Planning & Economic Development to
remove $16,480 from 1993 Consultant Funds from Contingency Une Item.
Adopted Yeas - 5 Nays - 0
203
April 13, 1993
38. Resolution - 93-456 - approving a request for an extension of time to complete the work
being done on a buiiding at 801 Livingston.
Adopted Yeas - 5 Nays - 0
39. Resolution Approving Assessment - 93-457 - In the Matter of condemning and taking a
permanent easement for public utility purposes in connection with the Minnehaha/Ruth Area
Storm Sewer Project and setting date of Public Hearing for May 18, 1993.
- Adopted Yeas - 5 Nays - 0
COMMITTEE REFERRAL:
40. Resolution - 93-458 - amending the 1993 Budget of Planning & Economic Development to
remove $127,7� Consultant Funds from Contingency. (Finance)
Referred to the Finance Committee.
41. Reso{ution - 93-459 - amending the 1993 Budget to release $319,850 Capital Improvement
Bonds funding for the Downtown Building Telephone System from Contingency. (Finance)
Referred to the Finance Committee.
42. Resolution - 93-460 - amending the 1993 Budget by transferring $150,856 to the financing
and spending plans of the 1993 Capital Improvement Program's Municipal State Aid
Contingency Project. (Finance)
- Referred to the Finance Committee.
43. Resolution - 93-461 - amending the 1993 Budget by transferring $80,000 from CIB
Contingency to complete addition to Neighborhood House/EI Rio Vista Recreation Center.
�� � (Finance)
Referred to the Finance Committee.
44. Resolution - 93-462 - amending the 1993 Budget of Public Works by transferring spending
and financing from various Capital Projects. (Finance)
Referred to the Finance Committee.
ORDINANCES
45. Final Adoption - 93-377 - An ordinance to amend Section 364 of the Legislative Code
relating to window cleaning. (Public Hearing held April 6th) �
Councilmember Maccabee moved approval.
Adopted Yeas - 5 Nays - 0
204
April 13, 1993
46. Final Adoption - 93-378 - An ordinance to repeal Chapter 319 of the Legislative Code
relating to bill posters. (Public Hearing held April 6th)
Councilmember Maccabee moved approval.
Adopted " Yeas - 5 Nays - 0
Councilmember Thune arrived at this point.
47. Final Adoption - 93-379 - An ordinance to repeal Chapter 190 of the Legislative Code
relating to truck and wagon scales and registration of weighers. (Public Hearing held April
6th)
Councilmember Maccabee moved approval.
, Adopted Yeas - 6 Nays - 0
48. Second Reading - 93-375 - An ordinance amending Chapter 107 of the Administrative Code
pertaining to the Planning Commission. (Finance Committee recommends approval)
Laid over until April 20th for Third Reading/Public Hearing.
Councilmember Guerin arrived at this point.
COMMITTEE REPORT:
49. Resolution - 93-278 - amending the 1993 Budget to remove 1993 Planning & Economic
Development Consultant Funds from Contingency. (Finance Committee recommends
approval as amended - laid over from April 6th)
Councilmember Rettman explained reasons for lay over and spoke in opposition to the
$20,000 for outreach as part of the small area planning process.
Councilmembers Maccabee and Long also spoke in opposition.
Ken Ford, Planning & Economic Development Division explained the need to hire a
consultant.
After a brief discussion among Councilmembers, Councilmember Maccabee moved
approval of the resolution as amended to exclude the $20,000 for the small area planning
� consultant
Adopted Yeas - 7 Nays - 0
50. Resolution - 93-367 - amending the 1993 Budget by transferring $585 to the financing and
spending plans to cover expenses related to the Mayor's Intergovernmental Relations
Summit. (Finance Committee recommends approval)
Councilmembers Rettman and Thune moved approval.
Adopted Yeas - 7 Nays - 0
MISCELLANEOUS:
59. Resolution - 93-391 - approving the reappointment of Gerald J. Strathman to senre as the Council
Investigation and Research Center Director. (Laid over from March 30th)
(Discussion on following page)
205
April 13, 1993
(Continued from previous page)
Councii President Wiison spoke in favor of the 5 year reappointment.
Councilmember Maccabee spoke in favor of a 1 or 2 year contract due to the change to a part
'° time Council.
Counciimember Long said he had confidence in Mr. Strathman but couid not support a five year
contract as most similar positions are will or pleasure appointments.
Councilmember Thune spoke in favor of a 5 year contract.
Councilmember Rettman spoke in opposition to the 5 year term.
Counciimember Guerin spoke in favor of a five year contract as job security was important to doing
a good job. �
Councilmember Maccabee amended the resolution to include wording regarding the open process
of replacing the director.
Councilmember Rettman amended the language to represent a 2 year appointment as director.
Roli Call Yeas - 3 Nays - 4(Thune, Grimm, Guerin, Wilson)
(Molly, I don't understand this vote, did i miss something?)
Councilmember Rettman offered an amendment to limit the salary at $50,000.
After much discussion on the value of cutting salaries of estabiished positions, Councilmember
Thune moved approval of amended resolution to limit appointment to 2 years.
Adopted Yeas - 5 Nays - 2(Long, Rettman)
PUBLIC HEARINGS:
51. Resolution Ratifying Assessment - 93-463 - In the Matter of sidewaik reconstruction on both sides
of Cherokee Avenue from W. Page to W. Curtice, both sides of W. Curtice from Ohio to Manomin,
both sides of Ottowa Avenue from W. Curtice to W. �nona and both sides of W. Stevens Street
= from Chariton to Bellows. (Public Works Committee recommends approval)
' No one appeared in opposition.
Councilmember Thune moved approval.
Adopted Yeas - 7 Nays - 0
52. Resolution Ratiiying Assessment - 93-464 - in the Matter of sidewalk construction and/or '
reconstru�tion on both sides of Forest Street from E. Rose to E. Maryland, the north side of E.
Hoyt Avenue from Darlene to David, the south side of E. Hoyt Avenue from N. Hazel to N. Ruth,
both sides of E. Jessamine from Earl to Frank, both sides of E. Magnolia Avenue from Cypress to
Earl, both sides of E. Rose Avenue from Waish to Weide and both sides of Sherwood Avenue from
N. Ruth to N. �nthrop, East side of N. White Bear Avenue from E. Arlington to E. Nevada. (Pubiic
Works Committee recommends approva�
No one appeared in opposition.
Counciimember Thune moved approval.
Adopted Yeas - 7 Nays - 0
53. Resolution Ratifying Assessment - 93-465 - in the Matter of demolition of vacant buildings for
December, 1992 and January, 1993 coilecting expenses involved for towing abandoned vehicies
from properties from April to December,1992; demolition of vacant buildings for January, 1993 and
Summary Abatements (Property Ciean-Up) for the months of December, 1992 and January, 1991
Snow Removai and Sanding walks). (Pubiic Works Committee recommends approval as amended)
No one appeared in opposition.
(Discussion on following page)
206 .
Aprii 13, 1993
(Continued from previous page)
John Betz, Public Health Division, asked that 2281 Priscilla be delated and a vehicle abatement
order at 633 Laurel be deleted to discuss at the Neighborhood Services Committee.
Councilmember Guerin moved approval ofthe Neighborhood Services Committee recommendation
and staff s recommendation.
� Adopted Yeas - 7 Nays - 0
54. Resolution Ratifying Assessment- 93-466 - In the Matter of the St. Peter Street Streetscape Project.
(Public Works Committee recommends approval)
No one appeared in opposition.
Councilmember Rettman moved approval.
Adopted Yeas - 7 Nays - 0
55. Resolution - 93-467 - approving an application for transfer of a Second Hand Dealer Motor Vehicle
Transfer License by Road King Inc. from 16� W. University Avenue to 1951 W. University Avenue.
No one appeared in opposition.
Councilmembers Maccabee and Grimm moved approval.
Adopted Yeas - 7 Nays - 0
56. Resolution - 93-468 - approving an application for a General Repair Garage License by Asia East
Side Auto Repairs at 1324B Arcade Street.
No one appeared in opposition.
Councilmember Grimm moved approvai.
Adopted Yeas - 7 Nays - 0
, 57. Resolution - 93-469 - approving a request for a 504 square foot expansion of service area for an
On Sale Wine, One Sale Maft and Restaurant License by Sena Cafe Inc. dba Sena Cafe at 684 No.
Sneiling Avenue.
No one appeared in opposition.
Councilmember Maccabee moved approvai.
Adopted Yeas - 7 Nays - 0
58. Public Hearing to consider the request of North End Medical Center to rezone 121 Manitoba
Avenue from RT-1 to P-1 to allow a parking lot.
Kady Dadlez, Planning & Economic Development reviewed the staff report and Planning
Commission's recommendation.
Councilmember Rettman moved approval.
Roll Call Yeas - 7 Nays - 0
Adopted motion of intent.
Councilmember Grimm left the meeting at this point and did not return.
Councilmember Maccabee moved to suspend the rules to introduce the following resolution.
Adopted Yeas - 6 Nays - 0
207
April 13, 1993
Resolution - 93-475 - supporting poilution loan fund legislation for Saint Paul priority sites (St. Paul
35-E Corridor, Saint Paul River Corridor, Texaco Site and in the event of relocation, the Burlington •
Northern Hub Site.)
Counciimember Maccabee moved to refer the item to Committee.
Roil Call Yeas - 6 Nays - 0
Referred to Intergovernmental Relations & Public Safety Committee.
Councilmember Thune moved to suspend the rules to introduce the following resolution.
Adopted Yeas - 6 Nays - 0
Resolution - 93 - supporting 1/2 cent sales tax to reduce the capital, debt and operating
budgets of the City of Saint Paul.
Councilmember Thune moved to refer the item to Committee.
Roll Call Yeas - 6 Nays - 0
Referred to the Finance Committee.
Counciimember Maccabee left the meeting and did not return.
ADDITIONAL ITEM:
1. Report of an Administrative Law Judge in the matter of adverse action against licenses heid by
Gem Lake Properties, Inc. dba Gallivans, 386 No. Wabasha. (Public Hearing laid over from March
30th) �
Phil Byrne, Assistant City Attorney reviewed the police report, related evidence and his exceptions
to the Administrative Law Judges recommendations. Mr. Byrne asked the Council to levy a penalty
to send the message that establishments must respond to law enforcement officials.
Councilmembers Thune and Guerin asked questions of Mr. Byrne regarding the evidence
submitted to the Administrative law Judge and the sequence and timing of events noted in the
Police Report.
Earl Gray, Attorney for Gallivans, explained the circumstances of the incident which led to the delay
in allowing Police o�cers into the establishment.
After further discussion, Councilmember Guerin made a motion to uphold the Administrative Law
Judge's decision.
Councilmembers Thune, Long, Rettman and Wilson spoke in support of the motion.
Councilmember Guerin renewed his motion.
Adopted Yeas - 5 Nays - 0
Administrative Law Judge Report upheld.
Council President Wilson reminded everyone that there would be no Councii Meeting on Thursday,
April 15th due to the move of the City Clerk's Office. The next meeting of the City Council is
scheduled for Tuesday, April 20th.
208
April 13, 1993
Counciimember Long moved to adjourn the meeting.
Adopted Yeas - 5 Nays - 0
ADJOURNED AT 10:20 A.M.
ATTEST: l
„
� / Councii President, William Wilson
� �`�
��'/�� � J � l
, Minutes approved by Council
City C r�c, Molly O' ourke
y MO:dmb _ _ � � / 9.3
209
MINUTES OF THE SAINT PAUL CITY COUNCIL
Thursday, Aprii 15, 1993
9:00 A.M. Councii Chambers
Third Floor City Hall and Court House
Saint Paul, Minnesota
NO MEETING TODAY DUE TO MOVE OF CITY CLERK'S OFFICE
210 `