Approved Minutes 8-11-1999 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, August 11, 1999 - 3:30 - 5:00 P.M.
CITY COUNCIL CHAMBERS, 3RD FLOOR
City Hall and Court House
15 West Kellogg Boulevard
The meeting was called to order at 3:35 p.m. by Council President Bostrom.
Present- 7 -Benanav, Blakey, Bostrom, Coleman, Harris, Lantry, Reiter
Absent- 0
CONSENT AGENDA (Items 1 -29)
Councilmember Harris requested Item 13 be laid over one week.
Councilmember Blakey requested Item 19 be removed for discussion.
Councilmember Harris moved approval of the consent agenda as amended Yeas - 7 Nays - 0.
FOR ACTION
1. Approval of minutes of July 2-1- 14 and 28, 1999.
Adopted Yeas - 7 Nays - 0
2. Claims of Frederic Clapp, Jr., Kenneth Hill, Mark Hobbs, Amanullah Khan, Mary Owens, Elena
Pellegrini, Catherine Piccolo,Peter Stack, Beverly Stepp, and Uniforms Unlimited, Inc.
Referred to the Employee/Risk Management Division
3. Letter from the Office of License, Inspections, and Environmental Protection announcing a public
hearing before the City Council on September 1, 1999, to consider the application for a sound level
variance by Maureen A. Mariano, Owner, Schwietz Saloon, 956 Payne Avenue, to allow live music
during the Payne-Arcade Harvest Festival 1999 from 8:30 p.m. to 12:30 a.m. on September 16, 17,
& 18, 1999.
4. Accepting Sharon Scarella Anderson's request dated July 28, 1999, for public information and
directing the City Council Secretary to provide the information.
5. Administrative Orders:
D001729 Amending the 1999 budget of the City Sales Tax Capital Projects Fund to allocate funds
from the Neighborhood Investment Program to the Saint Paul on the Mississippi Design
Center for the West 7th Gateway Urban Design Charrette.
D001730 Amending the 1999 General Fund Budget in the Police Department for microfilming
records and rent money for the Employee Assistance Program.
D001731 Authorizing payment, not to exceed$15,000.00, to Saint Paul Public Schools for
Parkway Elementary School Playground Project.
D001732 Extending the contract completion time for 97 inflow and infiltration corrections to July
1, 1999.
August 11, 1999 City Council Summary Minutes Page 2
D001733 Authorizing payment,not to exceed$5,310.00, to Field Training and Associates for a
Police Department Professional Development Institute entitled"Field Training Officer"
on December 6-10, 1999.
Noted as on file in the City Clerk's Office
6. Resolution- 99-762 -Approving the appointment of William D. Fritts and the reappointments of Jill
S. Danner and Altin R. Paulson,by Mayor Coleman, to the Saint Paul Parks and Recreation
Commission.
Adopted Yeas - 7 Nays - 0
7. Resolution- 99-763 -Approving the appointment of Terry Garvey,by Mayor Coleman, to the PHA-
City(HRA) Pension Plan Administrative Committee.
Adopted Yeas - 7 Nays - 0
8. Resolution- 99-764 - Directing the Planning Commission to analyze Light Rail Transit, and other
transit alternatives in the Central Corridor, and evaluate specific issues related to construction
impacts, design with respect to traffic and parking, redevelopment impacts and design aesthetics, and
report back to the City Council by November 10, 1999.
Adopted Yeas - 7 Nays - 0
9. Resolution- 99-765 - Waiving the 60 percent consent requirement for a block party/special event
permit for the 1999 Selby Dayz Festival.
Adopted Yeas - 7 Nays - 0
10. Resolution- 99-766 - Dismissing the adverse action against the licenses held by Blues Saloon, 601
Western Avenue North, as approved by the City Council on July 14, 1999.
Adopted Yeas - 7 Nays - 0
11. Resolution- 99-767 - Dismissing the adverse action against the licenses held by James Bailey, dba
Arlington Pub, 721 Payne Avenue, as approved by the City Council on July 28, 1999.
Adopted Yeas - 7 Nays - 0
12. Resolution- 99-768 - Approving the Financing and Spending Plans for the FY2000 phase-out of the
Community Resources Program and approval of the City of Saint Paul entering into a contract with
the State of Minnesota for funding of the phase-out.
Adopted Yeas - 7 Nays - 0
13. Resolution- 99-769 - Approving changes to spending object codes in the Office of Financial
Services (from Council Contingency to City Contribution to Outside Agency- Capital City
Partnership)
Councilmember Harris moved to lay over one week
Laid over to August 18 Yeas - 7 Nays - 0
14. Resolution- 99-770 -Authorizing the proper City officials to amend the City lease agreement with
Hallie Q. Brown Community Center to meet State requirements, and to place a deed restriction on
the Martin Luther King Community Center property.
Adopted Yeas - 7 Nays - 0
August 11, 1999 City Council Summary Minutes Page 3
15. Resolution- 99-771 - Changing the rate of compensation for the existing classification of
Nutritionist I.
Adopted Yeas - 7 Nays - 0
16. Resolution- 99-772 - Establishing the rate of pay for a new classification entitled WIC Program
Manager.
Adopted Yeas - 7 Nays - 0
17. Resolution- 99-773 -Authorizing the purchase of property located at 1667 Montana Avenue East as
part of Phase I of the Hoyt-Montana Flood Remediation Project.
Adopted Yeas - 7 Nays - 0
18. Resolution- 99-774 -Authorizing the Police Department to enter into an agreement with the League
of Minnesota Cities and the Upper Midwest Community Policing Institute.
Adopted Yeas - 7 Nays - 0
19. (Discussed after the consent agenda)
20. Resolution Approving Assessment- 99-776 - In the matter of sidewalk and paving improvements in
connection with the Hampden/University Area Street Paving and Lighting Project (affected
properties are 791 Raymond Avenue, 2388 University Avenue, and 656 Pelham Boulevard), and
setting date of public hearing for October 6, 1999. (File#18724-SW)
Adopted Yeas - 7 Nays - 0
21. Resolution Approving Assessment- 99-777 - In the matter of street improvements on Pillsbury
Street from Raymond Avenue to St. Anthony Avenue in connection with the Eustis/Desnoyer Area
Street Paving and Lighting Project, and setting date of public hearing for October 6, 1999. (File
#18760-A)
Adopted Yeas - 7 Nays - 0
22. Resolution Approving Assessment- 99-778 - In the matter of street improvements on Brompton
Street from Doswell Avenue to Chilcombe Avenue in connection with the Como/Arona Area Street
Paving and Lighting Project, and setting date of public hearing for October 6, 1999. (File#18768-B)
Adopted Yeas - 7 Nays - 0
23. Resolution Approving Assessment- 99-779 - In the matter of sidewalk reconstruction on the
Raymond Avenue side of property located at 2388 University Avenue in connection with the
Hampden/University Area CSSP Project, and setting date of public hearing for October 6, 1999.
(File#18770S)
Adopted Yeas - 7 Nays - 0
24. Resolution Approving Assessment - 99-780 - In the matter of operating costs for the above standard
lighting along Dale Street North from University to Minnehaha Avenues, and setting date of public
hearing for September 1, 1999. (File#18803OP)
Adopted Yeas - 7 Nays - 0
August 11, 1999 City Council Summary Minutes Page 4
25. Resolution Approving Assessment- 99-781 - In the matter of grading and paving of Mystic Street
from Burlington Road to approximately 420 feet south of Burlington Road, the construction of
sanitary sewer connections, and setting date of public hearing for October 6, 1999. (File#18846)
Adopted Yeas - 7 Nays - 0
26. Resolution Approving Assessment- 99-782 - In the matter of water service connections on Mystic
Street in connection with the Mystic Street Improvement Project from Burlington Road to 420 feet
south of Burlington Road, and setting date of public hearing for October 6, 1999. (File#18846WC)
Adopted Yeas - 7 Nays - 0
27. Resolution Approving Assessment- 99-783 - In the matter of operation of the Above Standard Street
Lighting System for the months of January through December, 1999, for Lowertown Area, Selby-
Western Area, Ford-Cleveland Area, Grand-East I Area, Grand-West Area, Grand-East II Area,
North Wabasha Area, Smith Avenue Area, Wabasha-5th-6th Area, Selby Revitalization Area#1,
Concord Phase I Area, Selby Revitalization Area#2, St. Peter Street Area, River Park Plaza Area,
University-Western-Mackubin Area, Snelling-Randolph Area, East 7th-Arcade Area, City Hall-
Courthouse Area,United Children's Hospital Area, Como-Snelling Area, and Landmark Center
Area, and setting date of public hearing for October 6, 1999.
Adopted Yeas - 7 Nays - 0
28. Resolution Approving Assessment - 99-784 - In the matter of the assessment for the Wabasha West
Streetscape Project, Phase I, and setting date of public hearing for October 13, 1999. (File#18894)
Adopted Yeas - 7 Nays - 0
29. Preliminary Order- 99-785 - In the matter of operation of the Above Standard Street Lighting
System for the months of January through December, 2000, for Lowertown Area, Selby-Western
Area,Ford-Cleveland Area, Grand-East I Area, Grand-West Area, Grand-East II Area,North
Wabasha Area, Smith Avenue Area, Wabasha-5th-6th Area, Selby Revitalization Area#1, Concord
Phase I Area, Selby Revitalization Area#2, St. Peter Street Area, River Park Plaza Area, University-
Western-Mackubin Area, East 7th-Arcade Area, Snelling-Randolph Area, City Hall-Courthouse
Area, Children's Hospital Area, Landmark Center Area, and Como-Snelling Area, and setting date of
public hearing for October 6, 1999.
Adopted Yeas - 7 Nays - 0
19. Resolution- 99-775 - Designating August 11, 1999, as Saturn of Saint Paul Day in the City of Saint
Paul in recognition of the company and its employees' donation of labor and playground equipment
for the Central Village Playground.
Councilmember Blakey stated that efforts have been made to replace Central Village Playground as
it has been considered a hazardous playground. Consideration was given to going through the
Capital Improvement Budget(CIB)process but Saturn of St. Paul came forward and offered to pay
for the playground.
Councilmember Blakey read the resolution and presented it to a representative of Saturn of Saint
Paul. The Saturn representative extended his appreciation and said this program is one that Saturn
August 11, 1999 City Council Summary Minutes Page 5
sponsors on a national basis and they have done a number of projects throughout the United States.
He said it's Saturn's way of saying"thanks for the support that the City of Saint Paul and the people
within it have given them over the years."
Councilmember Blakey also extended his thanks and appreciation to John Wirka, Division of Parks
and Recreation, for his work on this project.
Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
FOR DISCUSSION
30. Resolution- 99-256 -Requesting that the Office of the City Attorney(CAO)prepare a Request for
Proposal (RFP) that would seek proposals from private law firms to commence suit against gun
manufacturers and dealers and after the proposals have been evaluated, the report and
recommendations of the CAO shall be submitted to the Mayor and Council, if possible no later than
June 1, 1999. (Laid over from July 14)
Clayton Robinson, City Attorney, appeared and addressed this issue. He noted that there were two
companion resolutions that were offered, one of which was defeated by the Council. That resolution
requested the City Attorney and the Police Department to review the advisability of instituting
litigation against gun manufacturers. At that time, Mr. Robinson indicated that the City Charter
requires that before any outside counsel is appointed to represent the City, he had to make a request
to the Council to do so and it was only under those circumstances that the Council could hire outside
counsel to represent its interests. Also at that time, he indicated that before he could make any
comments regarding the propriety of conducting an RFP, he would have to research the background
of the issue. He said this was an unusual forum for him as an attorney to provide legal advice to a
client as typically that is done in a post-litigation setting and in a closed meeting.
Mr. Robinson said he will discuss the research undertaken by staff in the City Attorney's Office, the
scope of the review, and the recommendations. He said he would not discuss any specific legal
theories that were considered or what their research revealed concerning the specific legal theories or
conclusions that they reached because he believed that is an area of attorney/client privilege and
circumstances of disclosure could be detrimental to the City.
With regard to the research conducted by staff, a survey was done on the national level of the
different trial courts that have litigation pending before them involving municipalities seeking relief.
So far, there are 13 different municipal communities in the country that have brought litigation.
However, to date there has not been any judgement issued in favor of any municipality on any of the
theories that they have advanced. Research was also done on whether or not there are any state or
national appellate court determinations; i.e., after the trial court has made its ruling one way or
another, the matter goes on appeal and that is typically where the law is settled and law that lawyers
rely upon in making recommendations to clients such as the City Council.
The third area the City Attorney's Office engaged in was research of the theories of recovery that had
been advanced in other jurisdictions around the country-the different grounds upon which lawyers
have asked courts to grant judgment in their favor. That area has also been looked at in terms of its
August 11, 1999 City Council Summary Minutes Page 6
applicability to Minnesota law. However, Mr. Robinson said he would not discuss that because it is
an area of attorney/client privilege and should litigation ever begin, it would be detrimental to the
City to discuss it at this time.
The laws from state to state differ; what one community may use as a basis for seeking recovery
does not necessary mean that same remedy is available in Minnesota. Therefore, there is some
problem with having one coincide directly with the other.
Another area looked at was whether there were any unique issues under Minnesota law that they
needed to be concerned about. There is one issue that may be an insurmountable obstacle for any
action brought by a municipality in Minnesota seeking remedies from gun manufacturers. Robinson
referenced MN State Statute Chapter 471.633 and read the relevant portions. He said this was an
explicit statement of legislative intent as to the authority which the Legislature has granted or, in this
case, denied municipal bodies from pursuing certain conduct. It has yet to be determined whether or
not instituting litigation can constitute regulation. He said that would be the first issue raised by gun
manufacturers should any litigation be instituted against them.
Also considered was whether or not there are remedies available to the City in the event that
litigation was instituted and, if so, if there would be potential adverse financial exposure to the City.
The remedies that are available to the City generally would fall into three categories: monetary
damages, injunctive relief, and attorneys' fees. With regard to the monetary damages, it's required
that the plaintiff(City)would have to show some specific, identifiable, and direct injury for loss
together with the value of that loss. This would be difficult under the method of government in the
State of Minnesota and the City of Saint Paul because police services are provided and those may
very well be directly related to incidents of gun violence. Also, public ambulance services and the
issues of hospitalization in future care for individuals who have been injured. All those things are
handled by a different level of government, either by the state or by counties.
In terms of the monetary damages that may be recoverable to the State,they may be very limited
based upon the identifiable financial loss that the City incurs. It may be very difficult to prove and it
may not be very expansive other than to show that the City has had to incur additional expenses for
police services because of gun related violence.
In terms of injunctive relief, Mr. Robinson referred back to Chapter 471.633. In order for the City to
seek injunctive relief, the court would have to be asked to either require gun manufacturers to do
something that they have an obligation to do, but have not been doing, or to refrain from doing
something that they shouldn't be doing. In this case, it seems to be clear that it amounts closer to
regulation than anything he has encountered thus far, Robinson said. By asking for injunctive relief,
the City would be asking the court to order the gun manufacturers to do something which in essence
may regulate firearms and in his interpretation of Minnesota State Statute, that may be pre-empted
from this level of government getting involved.
Pertaining to attorneys' fees, generally attorneys' fees are not awarded in cases unless there is a
specific statutory authorization or perhaps when a party acts in bad faith. There are some theories
that may be available in which attorneys' fees could be recovered. However, it is not a given that
attorneys' fees would be granted which means that the City would have to pay a type of fee structure
for injunctive relief in particular. Robinson said he could envision a situation where the City would
August 11, 1999 City Council Summary Minutes Page 7
have to pay on an hourly basis. In the sense that while there have been a lot of lawsuits, there has
not been any well-defined,hard and fast law that has been determined at this point by public court.
It can be very costly for the City to attempt to pay on an hourly basis and it may be something the
Council would want to seriously consider before approaching that level.
Mr. Robinson recommended that the City not take any action at this time. Because of the
uncertainty of law, he felt it would be very expensive for the City to pursue a course of litigation
which may not have merit because of other legal considerations,particularly the State Statute he
cited and without having any court direction that would give guidance as to the propriety of bringing
lawsuits by municipalities under these circumstances. He also suggested that action be delayed in
seeking injunction relief.
Councilmember Blakey noted that there are a number of municipalities that are suing over this issue
and he asked what the difference is with the City of Saint Paul. Mr. Robinson said that this is novel
in the sense that it's something that has no precedent under Minnesota law. No Minnesota
jurisdiction has been found involving lawsuits such as this. The first law suit of this nature was
brought in 1998; it is not a well-set law and it does not have any kind of history behind it to be able
to judge whether it is a good idea or a bad idea. Courts interpret their own state laws on an
individual basis.
(Coleman left and returned)
Councilmember Harris said he was interested in the product liability piece of this issue. He said he
felt there were some legitimate avenues where there can be increased safety for people and he did not
feel those should be dismissed and that they are worth looking at.
Mr. Robinson reiterated that he is not for or against anything. As counsel for the City, he said his
position is to give the Council advice. The advice is based upon the research that was conducted by
his office and what the Council chooses to do with it is its' prerogative. He said he has given his
recommendations solely based upon what he believes the state of law is and what he believes the
interests of the City of Saint Paul presently are in relation to the state of law. Also, a number of
different theories of recovery have been researched; however, he said he feels strongly that it would
be counter-productive to the City to discuss in any detail the merits or lack of merits of any particular
basis for litigation at this time because it's attorney/client information.
Councilmember Benanav stated that the tobacco litigation was also a novel theory and the State
collected hundreds of millions of dollars which will go to the benefit of public health. The Attorney
General took on a case that nobody thought could be won, and Benanav said he felt some good did
come of it. The fact that this may be a novel theory should not discourage the City from looking to
outside counsel who might have the expertise and the willingness to take this on. He said he felt the
City owes it to its citizens to look at some alternatives.
Councilmember Blakey said if an RFP is done and an outside firm/s is allowed to look at the whole
case, they could do an analysis also and with their expertise and specific study of this particular
product liability, they might come up with something that could have an impact on the amount of
guns in the City. He asked what would be lost if a law firm is asked to respond to an RFP.
August 11, 1999 City Council Summary Minutes Page 8
Mr. Robinson responded that the Charter requires that the City Attorney make certain decisions
regarding the utilization of legal services. One of those provisions says that the City Attorney's
Office provide legal representation to the City in all of its' affairs and that the only exception to that
is where the City Attorney's Office makes a recommendation to the City Council under
extraordinary circumstances. He said he views his obligation as being one of evaluation as well as
representation which is what he tried to do in this situation. At this stage with what he knows the
law to be and the lack of law that exists, Robinson said he would not be in a position to ask the
Council to hire outside counsel.
Regarding the issue of product liability, Councilmember Blakey said that is what a lot of cities are
using to sue. Whether the City handled it or an outside law firm was hired, he asked Mr. Robinson if
he feels the issue of product liability has a standing. Robinson responded that product liability, like
any tort-based litigation, has as its basic requirement that damage be proven. The reason the State
was successful in the tobacco case is because damages were incurred. The State was responsible for
paying money on behalf of citizens who were suffering directly as a result of lawsuits that cigarette
companies caused to occur. That situation is not happening in the City of Saint Paul; the structure is
different. The County provides hospital services and perhaps provides public assistance for
individuals who are no longer able to work because of gun related violence. Cities simply are not the
conduit for providing those kind of financial services as other levels in this community are. Whether
the Council decides it wants to pursue product liability action or not, the bottom line is whether the
benefit that's being received is directly proportionate to the cost that's incurred. Under any
circumstance, if the Council were going to seek an RFP, Robinson said he would strongly suggest
that the private firm that was retained would bear all of the expenses associated with litigation; costs,
depositions, travel, any other related expenses and also that they bear responsibility for any
attorneys' fees that may be awarded.
Councilmember Blakey stated that taxpayers are paying for police services which includes policing
the number of guns on the street, so there is a cost associated with gun violence. He questioned why
a direct line could not be made there. Mr. Robinson responded that there is case law that suggests
that the cost to the taxpayer in taxes which results in the provision of certain services is not a direct
enough cost to warrant the award of damages to a city directly, so it does present problems in that
context.
Councilmember Coleman asked Mr. Robinson if he has had any discussions with private firms or
individuals interested in taking this on on behalf of the City. Robinson responded that it has not
been discussed with any private law firms. However,he was approached by a law firm that
expressed interest in discussing the issue but he declined the invitation because he wanted to have an
unbiased and untainted approach when reviewing the law.
Councilmember Coleman said he agreed with Mr. Robinson on the assessment of damages but
questioned how the City would recover if there was a sound product liability theory. He said his
major concern with continuing to pursue this issue is whether or not the City may be taking itself
away from what really needs to be done to address the issues of gun violence.
Mr. Robinson said his office stands ready in any way to deal with gun violence in the community.
The City Attorney's Office has developed a Comprehensive Charging manual which considers all of
the different levels and types of crimes. He said he was making a concerted effort to enforce gun law
August 11, 1999 City Council Summary Minutes Page 9
in the community as stringently as possible. He said they were as committed as anyone in the City
and the Council in going forward with their prosecution efforts.
Council President Bostrom said he could see this getting very complex if they were to pursue gun
manufacturers and in particular those who provide weapons to police officers. He said he felt it
would be helpful to have a person from the Bureau of Alcohol, Tobacco and Firearms (ATF) and the
County Prosecutor's Office come in and talk about what's going on in the law enforcement area and
if there are more things that can be done in the City or some tightening-up that could be
proposed for the upcoming Legislative Session. The Attorney General's Office may also be a
resource.
Councilmember Blakey said the City can turn away and say this issue is too complex, too onerous,
or the cost is too high for the City and then continue to see shootings take place. He asked that the
City Council take some leadership, be responsible, and look at the issue of product liability.
Councilmember Blakey made a motion requesting that the City Attorney's Office look at the issue of
product liability with an outside law firm and return to the City Council with an analysis of whether
the City has standing or not.
Councilmember Coleman responded that whether the City has standing to sue is different from
whether it has any reasonable chance of recovery. He said he was not saying that the idea of suing
gun manufacturers may or may not be appropriate,but the question is at what level would it be
appropriate. He said what he's heard is that at this level it is not reasonable to expect that a private
firm is going to want to do this. He said he did not support Blakey's motion and felt the Council
should re-focus its' efforts in the proper place.
Council President Bostrom suggested that the Council meet with the City Attorney in a closed
session.
Councilmember Blakey moved to refer this issue to a Closed Session Yeas - 7 Nays - 0.
Suspension Item
Councilmember Blakey moved for suspension of the rules to introduce the following resolution:
Yeas - 7 Nays - 0
Resolution - 99-794 - Committing the Saint Paul City Council to work in partnership with the
community to address the problem of"Too Much Gun Violence, Too Many Guns."
Council President Bostrom suggested an amendment to request a presentation from the Bureau of
ATF and the County Attorney's Office as to what is currently taking place in this area.
Councilmember Blakey accepted the amendment as friendly.
August 11, 1999 City Council Summary Minutes Page 10
Speaking in support of the resolution was Rufus Campbell, Pastor of Camphor Memorial United
Methodist Church and a member of East Metro Isaiah St. Paul Ecumenical Alliance of Churches, an
organization comprised of 25 churches in the St. Paul community whose purpose is to exercise their
faith in the public arena to improve the quality of life for all St. Paul citizens.
Councilmember Blakey moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
31. Resolution- 99-701 -Approving application for a Second Hand Dealer-Motor Vehicle License by
Clinton Marshall, dba Marshall Motors, Inc., 1265 Arcade Street. (Legislative Hearing Officer
recommends approval with conditions) (Laid over from July 28)
Council President Bostrom stated that this application was reviewed by the district council and they
agreed to the conditions.
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
ORDINANCES
32. Third Reading- 99-726 - An ordinance finalizing City Council action granting the application to
rezone property at 1770 Old Hudson Road from B-2 Community Business District to B-3 General
Business District for the purpose of establishing a car wash. (Public hearing held July 14, 1999)
Laid over to August 25 for final adoption
33. Second Reading - 99-750 - An ordinance amending Chapters 33, 60, 62, 63, and 66 of the Saint Paul
Legislative Code pertaining to Zoning.
Laid over to August 25 for third reading/public hearing
34. Second Reading - 99-751- An ordinance amending Chapters 33, 34, 43 and 45 of the Saint Paul
Legislative Code by removing obsolete references to the "department of public health" and"property
code enforcement board"to reflect the present division of"property code enforcement" and
"Legislative Hearing Officer."
Laid over to August 25 for third reading/public hearing
35. Second Reading- 99-752 - An ordinance amending Chapter 189 of the Saint Paul Legislative Code
by changing references to "public health manager"to the current property code enforcement
manager, and to increase the fee for examination of Truth-In-Sale of Housing evaluators to $100.00
to cover actual costs of the examination process.
Laid over to August 25 for third reading/public hearing
36. First Reading - 99-786 -An ordinance requiring disclosure of campaign contributions relating to
City managed competition contracts and collective bargaining agreements.
Laid over to August 18 for second reading
August 11, 1999 City Council Summary Minutes Page 11
Suspension Item
Councilmember Reiter moved for suspension of the rules to introduce the following resolution:
Yeas - 7 Nays - 0
Resolution- 99-795 -Accepting a gift of travel funds from the Yes! Saint Paul Campaign Committee
and thanking the Committee for its donation of the resources.
Jeff Peterson, St. Paul Area Chamber of Commerce, appeared. He stated that the Yes! Saint Paul
Campaign Committee is a committee of the St. Paul Area Chamber of Commerce and all of the
money is coming through them. In response to Harris,he clarified that no money is coming from the
Capitol City Partnership or the Riverfront Corporation.
Councilmember Benanav said he would vote against the resolution as he feels if people want to visit
other baseball stadiums, they should pay for their own expenses.
Mr. Peterson further stated that this committee is part of the Chamber of Commerce and the money
received by the committee,both from individuals and corporations, will be used exclusively for the
ballpark trips.
Councilmember Blakey questioned if this requires City Council approval.
Phil Byrne,Assistant City Attorney, responded that this is a typical resolution to avoid the State Gift
Statute. Instead of having a corporation or someone who has an interest in a decision that a
Councilmember, the Mayor, or other official could make,which would be a violation of the State
Statute, the money is given as an unrestricted gift to the City. The Council accepts it and then it's up
to the City to decide where it should go and if it is accepted, it will presumably be put to use in a way
that enables a specific program.
Councilmember Blakey moved to amend the resolution to add language that Capital City Partnership
as well as Riverfront Corporation dollars will not go into these funds. The amendment was accepted
as friendly.
Councilmember Reiter moved approval as amended.
Adopted as amended Yeas - 6 Nays - 1 (Benanav)
The meeting was recessed from 4:45 - 5:35 p.m.
Roll Call: Present- 6 Absent - 1 (Bostrom- arrived later in the meeting)
Vice President Harris assumed the Chair
August 11, 1999 City Council Summary Minutes Page 12
PUBLIC HEARINGS
55. Public hearing to consider the appeal of the Minnesota Department of Natural Resources to a
decision of the Planning Commission approving a special condition use permit to allow construction
of a new building on the site of an existing building between two airplane hangers for offices, crew
support, and parts storage, and modification of river corridor standards to allow the new building to
be built at the same elevation as the existing building instead of having to be at or above the
regulatory flood protection elevation at 690 Bayfield Street(southeast corner of Bayfield and
Wisconsin Streets on Holman Field).
Councilmember Coleman moved to lay over two weeks as representatives from the parties involved
were unable to be present at this meeting
Laid over to August 25 for public hearing Yeas - 6 Nays - 0 (Bostrom not present)
37. Third Reading- 99-727 - An ordinance amending Chapter 376 of the Saint Paul Legislative Code by
establishing a one-year change in the fare structure to allow taxicab companies to set their own fares
within a maximum ceiling, and to impose a one-time surcharge on vehicle license fees to partially
pay for the cost of a comprehensive survey on taxicab service in Saint Paul. (Substitute introduced
on August 4)
Bob Kessler, Director, Office of License, Inspections and Environmental Protection (LIEP),
addressed Items 37, 38, and Addendum Item 2. He urged the Council to carefully weigh the
decisions saying LIEP has worked very hard and they feel a compromise has been reached between
the majority of the taxicab industry and LIEP to come up with a solution to increase the number of
taxicabs and provide additional service.
The following individuals appeared in support:
Mark Moeller, Business Review Council
Jon McConnell, Saint Paul Hotel
Mark Shields, Manager,Rainbow Taxi
Carl Wolander, Midstates Distributing, Snelling Avenue
Mary McColl, Director of Operations, Ordway Theatre
Chuck Paton, General Manager, Saint Paul Hotel
The following appeared in opposition:
David Farrell, St. Paul Yellow Cab
Councilmember Coleman moved to close the public hearing Yeas - 6 Nays - 0.
Laid over to August 25 for final adoption
38. Third Reading- 99-728 - An ordinance amending Section 376.05 of the Saint Paul Legislative Code
bringing the taxicab license cap to 150.
Laid over to August 25 for final adoption
August 11, 1999 City Council Summary Minutes Page 13
Addendum Item#2
Resolution- 99-793 -Authorization to issue eight (8)new taxicab licenses to qualified applicants
and establish the eighteen(18)previously approved temporary winter licenses as permitted. (To be
laid over to August 25)
Councilmember Coleman moved to lay over two weeks.
Laid over to August 25 for public hearing Yeas - 6 Nays - 0 (Bostrom not present)
39. Third Reading - 99-729 -An ordinance to allow certain holders of 3.2 percent malt liquor licenses to
waive the dramshop insurance coverage requirements in accordance with state law.
Robert Kessler, Director, Office of License, Inspections and Environmental Protection(LIEP),
reported this will enact LIEP's practice and what is allowed under State law. It does allow certain
license holders to waive the dramshop insurance.
Sharon Scarella Anderson appeared and said she feels this insurance cannot be waived. If a business
sells wine or liquor, there should be dramshop insurance to protect people who are hurt by
consumption of liquor. She noted that Mr. Kessler said that this law only applies to $10,000 a year
licenses. However, she feels the law should apply to everyone equitably. If a person drinks too
much and the police have to arrest that person, it does not matter how much the license costs.
Councilmember Benanav moved to close the public hearing Yeas- 6 Nays - 0 .
Laid over to August 25 for final adoption
40. Third Reading- 99-730 - An ordinance to allow certain holders of wine licenses to waive the
dramshop insurance coverage requirements in accordance with state law.
No one appeared in opposition; Councilmember Benanav moved to close the public hearing.
Yeas - 6 Nays - 0
Laid over to August 25 for final adoption
41. Resolution- 99-419 - Concerning adverse action against the application of Gerald Grossman for an
Auto Repair Garage and Second Hand Motor Vehicle Dealer's License at 545 University Avenue.
(Uncontested) (Laid over from July 14)
Virginia Palmer, Assistant City Attorney representing the Office of LIEP,reported that Mr.
Grossman obtained a special condition use permit and, based on that, she requested that the adverse
action be withdrawn.
Councilmember Blakey moved to close the public hearing and withdraw the resolution.
Withdrawn Yeas - 6 Nays - 0
August 11, 1999 City Council Summary Minutes Page 14
Addendum Item#1
Resolution- 99-666 - Concerning adverse action against the license application of David A. Heu,
dba ABC Motorsports, 933 Atlantic Street. (Uncontested) (Laid over from July 14)
Virginia Palmer, Assistant City Attorney representing the Office of LIEP,reported the Fire
Department is still withholding their approval of the license. The issue is that 933 Atlantic is a large
building divided into individual booths, a number of which have automobile repair garage businesses
in them. The Fire Department will not approve the individual booths without a spray paint booth for
each license holder, and David Heu does not have a spray paint booth. Ms. Palmer is recommending
denial of the license application because they are not meeting the necessary fire code.
Councilmember Reiter moved to close the public hearing and approval of the resolution.
Adopted Yeas - 6 Nays - 0 (Bostrom not present)
42. Public hearing to consider the report of the Administrative Law Judge (ALJ) concerning the license
application of Vernon W. Crow, dba Selby Wine and Spirits, 778 Selby Avenue.
Virginia Palmer, Assistant City Attorney, representing the Office of LIEP, reported this matter was
sent to an Administrative Law Judge (ALJ) to determine if 340 Dayton Avenue prohibited the
issuance of a liquor license at 778 Selby Avenue because of a Minnesota State Statute. The issue is
whether the residence is an institution under the Department of Human Services. The All
determined that this is not a license prohibited by Statute. The Office of LIEP asked that the Council
adopt the report of the All in its entirety and approve this license.
Councilmember Blakey moved to close the public hearing and adopt the findings of the ALJ.
Adopted the Findings of Fact, Conclusions, and Recommendation of the Administrative Law Judge
Yeas - 6 Nays - 0
43. Resolution- 99-685 - Approving the Fifth Amendment to the New Housing and Blighted Lands
Development Project and Tax Increment Financing Plan. (Adopted on July 21; Reconsidered and
laid over from July 28)
Brian Sweeney, Department of Planning and Economic Development(PED), reported that this
resolution must be approved by the Housing and Redevelopment Authority(HRA) also. This was
precipitated by 1999 State Legislative initiative action related to changing the tax increment
financing act. It specifically impacted all tax increment districts created in the late 1970s and early
1980s and allowed Saint Paul to realize $4.2 million that could be put toward housing development
projects. Three particular projects have been identified that meet the redevelopment criteria of the
new housing and blighted land development project for increases in the project area.
Phil Byrne, Assistant City Attorney,presented a substitute resolution which corrected an error.
Councilmember Coleman moved to close the public hearing and approve the resolution with the
amendments.
Adopted as amended Yeas - 6 Nays - 0
August 11, 1999 City Council Summary Minutes Page 15
Councilmember Coleman moved to recess the City Council meeting and convene as the Housing and
Redevelopment Authority to consider the Consent Agenda. Yeas - 6 Nays - 0
Councilmember Coleman moved to adjourn the HRA meeting and resume the Council meeting.
Yeas - 6 Nays - 0
44. Resolution- 99-742 - Allowing adherence to the criteria for awarding subsidies to businesses subject
to the regulations and reporting requirements of the Minnesota Business Assistance Act. (Laid over
from August 4)
Councilmember Blakey moved to continue the public hearing to August 25.
Laid over to August 25 for continuation of the public hearing Yeas - 6 Nays - 0
45. Resolution- 99-787 -Approving the decision of the Legislative Hearing Officer on Property Code
Enforcement Appeals for property at 1615 St. Anthony Avenue. (Laid over from July 14)
Gerry Strathman, Legislative Hearing Officer, reported this issue involved grass in the front yard at
1615 St. Anthony Avenue that exceeded eight inches in height. It is the property owner's contention
that it is a wild flower garden. Mr. Strathman recommended that the owner be allowed to keep the
plants as long as they are maintained within the space in the front yard.
Dorothy Irvin, property owner, appeared and stated she received a notice that she was to keep her
grasses under eight inches in height. She has no plantings in the boulevard area except for grass. It
is her understanding that this law was never intended to apply to intentionally planted plants in beds
and that the ordinance is for absentee property owners. In other words, a rosebush or vegetables can
be more than eight inches in height. Ms. Irvin said it was not her intent to have a disorderly garden,
resist cutting her lawn, nor resist trimming anything growing over the edges of her beds. She asked
to keep her tall grasses,wildflowers, and other wild plants,which were planted by seed furnished by
the Minnesota Landscape Arboretum and other suppliers of native plants. She consulted the
Minnesota Statute for a list of weeds and found that she is not growing any weeds. She said her
tenants have been attracted to her building because of her garden.
Councilmember Coleman asked Ms. Irvin if she was opposing the Hearing Officer's
recommendation. Ms. Irvin responded no.
Councilmember Benanav moved to close the public hearing.
Yeas - 6 Nays - 0
The owner indicates that she is interested in taking care of the property; however, the photographs
show the grass is high, stated Councilmember Blakey. He questioned whether all the tall grasses
would be kept. Mr. Strathman said the garden is in the front yard but there are many people with
similar plants in the backyard. He said he has not heard of anything that discriminates against front
and back yards.
Councilmember Benanav moved to deny the appeal. He presented photographs which were taken
the previous day and maintained that the growth was weeds and there is no question that they violate
the ordinance.
August 11, 1999 City Council Summary Minutes Page 16
Councilmember Coleman said many residents in his ward have natural wildflower gardens on their
boulevard, front yards, and in various areas. He questioned how the Council distinguishes between
what is acceptable and what is not. Benanav responded some gardens are well maintained,but 1615
St. Anthony is not. The community council has taken a negative position on this. Ms. Irvin
responded that she spoke to the president of the community council and he is not opposed to the
garden
Adopted as amended(Appeal denied) Yeas - 6 Nays - 0
46. Final Order- 99-755 - In the matter of sidewalk reconstruction on both sides of Charles Avenue from
North Syndicate Street to North Griggs Street. (File#S99097) (Laid over from August 4)
No one appeared in opposition; Councilmember Blakey moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0
47. Final Order- 99-788 - In the matter of improving Hewitt Avenue between Snelling and Pascal with
an above standard, twin lantern lighting system, improving Hewitt Avenue from Pascal to Holton
with a standard single lantern lighting system, improving Englewood Avenue from Snelling to
Pascal by increasing the wattage of the final ordered standard single lantern lighting system, and
improving Aldine Street from Englewood to Hubbard with a single lantern lighting system. (File
#18886A)
Ralph Hilgendorf, 1701 Englewood Avenue, owner of property at 775 Aldine Street appeared and
said he did not sign the petition. That part of the street was repaired about 15 years ago at which
time state-of-the-art lighting was installed and the street is well lit. When the first proposal came for
the change, it was for a$4.34 per foot increase in assessment to take care of new lighting. Mr.
Hilgendorf said he received a statement on August 10 indicating that the new assessment would be
$22.00 per foot. The new lighting will not improve the lighting output but will change the aesthetics
of the lighting. The low income house at 775 Aldine has been upgraded consistently. To put a
thousand dollar assessment on an aesthetic issue is when every landlord becomes concerned. The
issue is how to keep up with an aesthetic change of this cost and still maintain low income housing.
Benita Tasselmyer, 785 Aldine Street, appeared and stated there was confusion over the cost because
of mixups with the real estate department. There are five property owners fronting Aldine. Four of
those five are willing to pay for the lighting. All four are single women who are concerned about
their personal safety. Three of the new lights illuminate more than two of the bent straw type of
lights. Mike Eggum, Department of Public Works, assured her that is the case. Ms. Tasselmyer
owns a unit as well and shares some of the concerns about maintaining affordable housing. She
offered to have residents contact her if they had any concerns about the lighting. She was required to
check with the corner properties as well. Three of those four are in favor of the change, although it
will not cost them any additional money. Ms. Tasselmyer has a petition containing names of people
in favor of the new lighting and a map showing where they live. She said she purchased the home
knowing the lighting would be changed in 1999 when the residential street paving program was done
and the lights will add extra value, she said. She asked that the Council honor the majority opinion
and approve the lights.
August 11, 1999 City Council Summary Minutes Page 17
Councilmember Benanav moved to close the public hearing.
Yeas - 6 Nays - 0
Councilmember Benanav moved approval and stated the bent straw lights were a mistake years ago
and the new lights add to the value of homes. Most of the neighbors have agreed to pay the
assessment; it is a clear request from the neighbors.
Adopted Yeas - 6 Nays - 0
48. Final Order- 99-789 -In the matter of operating costs for September 1, 1999, to December 31, 1999,
for the above standard lighting in the Hamline University Area(Hewitt Avenue from Snelling to
Pascal and Englewood Avenue from Snelling to Pascal). (File#18886OP)
No one appeared in opposition; Councilmember Benanav moved to close the public hearing and
approval. Adopted Yeas - 6 Nays - 0
(Items 49 and 50 were discussed in tandem.)
49. Final Order- 99-790 - In the matter of improving the alley in Block 3, Ryan Place (bounded by
Randolph, Mount Curve, Hartford, and Mississippi River Blvd.)by constructing storm sewer and
grading and paving with a bituminous material. (File#18891.) (Replaces C.F. 99-139 which was
laid over indefinitely on February 10)
Leon Homstad, 481 Mt. Curve Boulevard, appeared and stated the homeowners in that area were
offered four alternatives and he is in favor of the least expensive alternative. The alley is the original
alley built as part of the development in the 1920s and 1930s. It was graded at a slope that did not
provide adequate drainage for storm water. Nonetheless, it has lasted for many decades and
installation of storm water sewers is superfluous, he said.
Elizabeth Heeren, 589 Mt. Curve Boulevard, appeared and stated the alley has been disintegrating
over the years. The patching lasts only a short time, there is a great deal of water runoff, and there is
no point in repairing the alley when it will be destroyed by water again. A sewer will help the
drainage.
Chair Harris stated neighbors were offered four alternatives and this is the one they agreed upon.
James Thomas, 570 Mississippi River Boulevard South, appeared and stated he has attended other
public hearings on this matter. By the time the 20 year assessment is over, the blacktop will be gone.
Every few years, improvements will be necessary on the blacktop as large vehicles use the alley with
no weight or load restrictions. He suggested a concrete alley be constructed saying that if the project
is going to be done correctly, it should be done only once and in 20 years, it would still be there.
Councilmember Lantry moved to close the public hearing Yeas - 6 Nays - 0.
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
August 11, 1999 City Council Summary Minutes Page 18
50. Final Order- 99-791 - In the matter of condemning and taking an easement in the land necessary for
the slopes, cuts, and fills, including the right of removal of lateral support in the grading and paving
of the alley in Block 3, Ryan Place (bounded by Hartford Ave., Mississippi River Blvd., Randolph
Ave., and Mount Curve Blvd. (File#18891-S) (Replaces C.F. 99-140 which was laid over
indefinitely on February 10)
(Discussion under Item 49)
Councilmember Lantry moved to close the public hearing. Yeas - 6 Nays - 0
Councilmember Blakey moved approval.
Adopted Yeas - 6 Nays - 0
(Bostrom arrived and assumed the Chair)
51. Final Order- 99-735 -In the matter of improving the alley in Block 3, Phalen Heights Park,by
grading and paving with bituminous material, (bounded by Earl, Hyacinth, Frank, and Orange) (File
18902) (Laid over from July 28)
No one appeared in opposition; Councilmember Harris moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
52. Final Order- 99-736 - In the matter of condemning and taking an easement in the land necessary for
the slope, cuts and fills in connection with grading and paving the alley in Block 3, Phalen Heights
Park, (bounded by Earl, Hyacinth, Frank, and Orange). (File#18902-S) (Laid over from July 28)
No one appeared in opposition; Councilmember Harris moved to close the public hearing and
approval.
Adopted Yeas - 7 Nays - 0
(Harris left)
53. Resolution Ratifying Assessment- 99-792 - In the matter of collecting sewer connection charge
(advance payment) for property at 550 Arlington Avenue East.
(File#ADVPAY9901)
No one appeared in opposition; Councilmember Reiter moved to close the public hearing and
approval.
Adopted Yeas - 6 Nays - 0 (Harris not present)
54. Public hearing to consider the appeals of Mary Ann Reilly and the Hamline Midway Coalition to a
decision of the Planning Commission to modify Hamline University's special condition use permit
to allow construction of an apartment style dormitory on Englewood Avenue between Pascal and
Simpson Streets.
Nancy Frick,Department of Planning and Economic Development (PED), appeared and gave a staff
report. She stated that Hamline University applied for a modification of their permit to build a 59
unit apartment style dormitory to house 147 students on property owned by Hamline University on
August 11, 1999 City Council Summary Minutes Page 19
Englewood Avenue. There would be 65 underground parking spaces and 49 spaces in the adjacent
surface lot. The modification would allow them to build a dormitory with setbacks between 24 and
33 feet instead of the 50 foot setbacks required as a condition. The Zoning Committee recommended
the modification with conditions. The Planning Commission approved the modifications and added
the conditions detailed in the resolution.
Councilmember Coleman asked if there were any attempts to deal with landscaping issues to offset
the variance and whether that could be added as a condition. Ms. Frick responded that the University
has been asked to do some landscaping and she was agreeable to adding that as a condition.
The following individuals appeared in opposition to the Planning Commission decision:
Michael Kramm, representing his mother Mary Ann Reilly, 1453 Minnehaha Avenue West;
Mark Vaught, attorney representing the Hamline Midway Coalition
Cheryl Loesch, 1489 Van Buren Street;
Tom Dowbrock, 1436 Englewood Avenue;
Diane Young, 738 Pascal Street North.
Sarah Snapp,Hamline Midway Coalition member,738 Holton Street.
(Harris returned)
The following individuals appeared and spoke in support of the Planning Commission decision:
Dan Loritz, Vice President of University Relations at Hamline University;
Kris Fredson, Hamline-U Student Body President;
Harvey Rupert, 1556 Englewood Avenue#4, Hamline-U Student Bar Association Vice President.
Councilmember Benanav moved to close the public hearing.
Yeas - 7 Nays - 0
Councilmember Benanav moved to grant the Hamline Midway Coalition appeal on the basis of the
Planning Commission's error in applying Section 63.300, Fl; 64.300, D; and 64.413, 7. This is a
situation where there are long term neighbors who have been unable to come to an agreement on this
issue. The residents have voiced their concerns,which are legitimate: too many accidents on the
street, residents cannot get their snow plowed,parking is uncontrolled,residents cannot park in front
of their homes. Hamline University has chosen not to look at other alternatives.
A school is a burden on a neighborhood in a lot of ways, but it is also a benefit to the neighborhood,
stated Councilmember Coleman. There are ten institutions of higher learning in Saint Paul that are
thriving and part of the fabric of the City. The pressures of making these universities successful
conflicts with the desire to have quiet in the neighborhood. It is important to allow Hamline to
remain successful.
Councilmember Coleman proposed that landscaping conditions be added to the permit.
Motion Failed Yeas - 2 (Blakey, Benanav) Nays - 5
August 11, 1999 City Council Summary Minutes Page 20
Councilmember Benanav made the following statement:
Hamline University has acknowledged the need to further address the impact its campus expansion
plans have on the neighborhoods surrounding the Hamline campus.
Hamline has indicated that it would undertake steps necessary to address neighborhood concerns as a
part of the present special condition use permit modification application.
In accordance with Hamline's representations, Councilmember Benanav moved to deny the appeals
of Mary Ann Reilly and Hamline Midway Coalition and in so doing adopt the findings of the
Planning Commission but amend the special condition use permit by adding the following
conditions to Planning Commission Resolution No. 99-37:
Hamline University shall:
1. Prepare, adopt and submit to the City an"on campus"parking plan for residents students prior to
the issuance of a certificate of occupancy which shall be fully implemented within one(1) year.
The primary goal of the plan shall be to restrict resident students from parking on neighborhood
streets surrounding he campus.
2. Prepare, adopt and submit to the City, within 1 year, a plan that provides for an additional 100
off-street parking spaces for Hamline University students, faculty and staff within five (5)years,
3. Submit an all campus traffic study to assess the impact of Hamline University vehicle traffic on
surrounding neighborhood streets prior to the issuance of a certificate of occupancy. The traffic
study shall be submitted to the City for review and recommendations for measures to mitigate the
impact of Hamline University vehicle traffic on surrounding neighborhood streets. Hamline
University, at its own expense, will implement the traffic mitigation measures recommended by
the City.
4. Prepare an all campus sewer and water service infrastructure study to assess Hamline
University's present and future impact of Hamline on the sewer and water service for
surrounding neighborhoods. The sewer and water study will be submitted to the City prior to the
issuance of a certificate of occupancy for review and any recommendations for measures to
mitigate the impact of Hamline University sewer and water service demand on surrounding
neighborhoods. Hamline University, at its own expense, will provide any sewer and water
infrastructure changes recommended by the City in order to minimize the impact on the sewer
and water needs of neighborhoods surrounding the campus.
5. Prior to the issuance of a certificate of occupancy, Hamline University will maintain and
renovate those residential structures along Minnehaha Avenue which Hamline owns or will own.
6. Appropriate landscaping based on the site plan that is submitted.
Mr. Loritz addressed each condition individually and stated that the school would be in agreement
with all six conditions. Councilmember Benanav requested that Mr. Loritz provide an agreement to
the conditions in writing.
August 11, 1999 City Council Summary Minutes Page 21
Council President Bostrom suggested that Hamline should not be responsible for all infrastructure
problems in the entire neighborhood. Mr. Benanav responded that he is willing to clarify that item.
Appeals denied, approved the modification of the Special Condition Use Permit, and adopted the
findings and recommendations of the Planning Commission as contained in its Resolution 99-37
dated June 25, 1999, including six additional conditions. Yeas - 7 Nays - 0
Councilmember Harris moved to adjourn the meeting
O RNED AT 8:00 P.M.
reiL
Danie Bostrom, Council President
ATTEST:
)"\- Minutes approved by Council
Nancy A4erson , . 8 \e\c\
Assistant Council Secretary
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