Approved Minutes 9-1-1999 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, September 1, 1999 - 3:30 - 5:00 P.M.
PUBLIC HEARINGS 5:30 - 6:30 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
Nancy Anderson, Assistant Secretary to the City Council, read the following communication into the
record:
Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on Wednesday, September 8, 1999, at 5:30 p.m. in the City Council
Chambers, Third Floor, City Hall-Courthouse, to consider the application of the Port Authority of
Saint Paul to rezone property from I-3 (Industrial) to I-2 (Industrial) to create continuity with an
adjoining zoning district and facilitate orderly development of the new River Bend Industrial Park
on the north side of Shepard Road northeast of vacated Palace and vacated Western Avenues.
CONSENT AGENDA (Items 1 - 19)
Council President Bostrom made a correction to the date of the public hearing for Item 18.
Councilmember Benanav requested Item 9 be removed for discussion.
FOR ACTION
1. Approval of minutes of August 11, 1999.
Laid over to September 8 Yeas - 7 Nays - 0
2. Claims of Thomas Moore, Mary Frances Schwortz, and Josephine Yormie.
Referred to the Employee/Risk Management Division
3. Summons and Complaint in the matter of L.J. Haynes vs. the City of St. Paul.
Referred to the City Attorney's Office
September 1, 1999 City Council Summary Minutes Page 2
4. Letter from the Department of Planning and Economic Development announcing a public hearing
before the City Council on September 8, 1999, to consider the application of Saint Paul Brass and
Aluminum Foundry to rezone property from RM-2 (multi-family) to I-1 (industrial) to provide for
employee parking and truck access to the rear of the existing foundry building directly south of
954 and 976 Minnehaha Avenue between Chatsworth and the Wilder Foundation campus.
5. Letter from the Office of the City Attorney announcing a public hearing before the City Council
on September 8, 1999, concerning the Renewal Application for a Taxicab Driver's License by
Sergio Perez, 1715 Morgan Avenue.
6. Letter from the Office of License, Inspections, and Environmental Protection announcing a public
hearing before the City Council on September 8, 1999, to consider the application for a sound
level variance by Rheinfest, Inc., 386 N. Wabasha Street, for live music on 7th Place Plaza on
Friday, September 17, from 4:00 p.m. to 10:00 p.m., Saturday, September 18, from Noon to
10:00 p.m. and Sunday, September 19, from Noon to 6:00 p.m.
7. Letter from the Office of License, Inspections, and Environmental Protection announcing a public
hearing before the City Council on September 8, 1999, to consider the application for a sound
level variance by Selwin Ortega, Las Americas (St. Paul), and Angel Sanchez, El Amanecer
Restaurant, to allow amplified, live music and stage emcees on Saturday, September 18, from
10:00 a.m. to 8:00 p.m., and Sunday, September 19, from 10:00 a.m. to 8:00 p.m. on the
parking lot at 190 Concord Street.
8. Administrative Orders:
D001740 Authorizing the Department of Fire and Safety Services to pay for all costs incurred
to hold a "Domestic Preparedness" Chemical Incident Tabletop Exercise designed for
federal, state and local response agencies.
D001741 Authorization to remit an amount, not to exceed $1,500.00, for "Columbine High
School Tactical Review" seminar sponsored by the Saint Paul Police Department's
Professional Development Institute on September 13, 1999.
D001742 Authorizing the Department of Fire and Safety Services to pay a stipend in the
amount of$50.00 to each teacher who attends one of three two-hour training
workshops on "Risk Watch" injury-prevention curriculum.
D001743 Authorizing the Department of Fire and Safety Services to remit $750.00 to Byerly's
for costs incurred to conduct three two-hour teacher training workshops on "Risk
Watch" injury-prevention curriculum.
D001744 Authorizing payment, not to exceed $1,300, to Jill Danner, Parks and Recreation, for
attending the 1999 National Recreation and Parks Association (NRPA) Congress.
D001745 Authorizing payment, not to exceed $3,000.00, to the Holiday Inn East, 2201 Burns
Avenue, to cover expenses for room rental, food service, and audio visual needs for
the outside agencies participating in the Police Department Background Investigations
course.
September 1, 1999 City Council Summary Minutes Page 3
D001746 Amending the 1999 budget in the Office of LIEP to compensate the Police
Department for liquor compliance checks they conducted during the period of
September 1, 1998 through August 31, 1999.
D001747 Amending the 1999 budget in the Department of Public Works to add temporary
employees for the 1999 construction season.
D001748 Authorizing payment, not to exceed $2,136.00, for lodging and meals for the 1999-2
Police Department Recruit Academy.
D001749 Amending the 1999 budget in the Office of Citizen Service to utilize salary savings
from vacant positions to renovate work space to accommodate the Rental Registration
Program and the Code Enforcement Vacant Building section that was not completed
when Code Enforcement merged with the Citizens Service Office.
Noted as on file in the City Clerk's Office
9. (Discussed after the consent agenda)
10. Resolution - 99-835 - Approving polling locations for the General Election on November 2, 1999.
Adopted Yeas - 7 Nays - 0
11. Resolution - 99-836 - Approving a budget amendment for debt service payment of the Arena
revenue bonds.
Adopted Yeas - 7 Nays - 0
12. Resolution - 99-837 - Authorizing payment in the amount of$15,000 to Tony Lindsey in full
settlement of this claim against the City of Saint Paul.
Adopted Yeas - 7 Nays - 0
13. Resolution - 99-838 - Authorizing the Division of Parks and Recreation to accept a grant up to
$6,700 in matching funds from the Minnesota Department of Natural Resources Recreation
Services Section, Trails and Waterways Unit, through the National Recreation Trail Program to
assist in the purchase of cross country ski trail grooming equipment and enter into any necessary
agreement with the State of Minnesota.
Adopted Yeas - 7 Nays - 0
14. Resolution - 99-839 - Authorizing the Police Department to enter into an agreement with the
Washington County Agricultural Society to provide a large field, building, and roadways for the
Mobile Field Force Tactics training in May and June, 1999.
Adopted Yeas - 7 Nays - 0
15. Resolution - 99-840 - Authorizing the Police Department to enter into a lease agreement with
Camp Ripley for a 14-week Policy Academy for 40 recruits on October 18-21, 1999.
Adopted Yeas - 7 Nays - 0
September 1, 1999 City Council Summary Minutes Page 4
16. Resolution - 99-841 - Authorizing the Police Department to enter into an agreement with the State
of Minnesota, acting on behalf of Century College, to provide 300 hours of POST approved
training from September 1, 1999 through June 30, 2000.
Adopted Yeas - 7 Nays - 0
17. Resolution - 99-842 - Authorizing the disbursement of funds for reimbursement to Parking
Enforcement Officers and Community Liaison Officers for educational expenses.
Adopted Yeas - 7 Nays - 0
18. Preliminary Order - 99-843 - In the matter of constructing the RiverCentre Connection between
RiverCentre and the existing skyway system at Landmark Tower, which includes a new skyway
across 4th Street from mid-block between St. Peter and Market Streets to the Rice Park entrance
of RiverCentre, and setting date of public hearing for Scptcmbcr 22, October 6, 1999.
Adopted as amended Yeas - 7 Nays - 0
19. Preliminary Order - 99-844 - In the matter of the condemnation and taking for public purposes of
certain properties in the Trout Brook area, and setting date of public hearing for September 22,
1999.
Adopted Yeas - 7 Nays - 0
9. Resolution - 99-834 - Declaring September 13, 1999, Pedestrian Safety Day and September 11-17,
1999, Pedestrian Safety Week and co-sponsoring a Pedestrian Safety Awareness event on
September 13, 1999.
Councilmember Benanav stated that Pedestrian Safety Week is an effort by several Midway area
organizations, including the Highland Community Council, Macalester-Groveland, Snelling-
Hamline, Merriam Park and Hamline-Midway, Macalester College and many businesses on
Snelling Avenue, to bring recognition to the issue of pedestrian safety which has become a major
issue in St. Paul.
Don Ludeman, Vice President of the Snelling-Hamline Community Council, appeared and talked
about the event. He indicated it was a group of parents who approached the community council
about their concerns with neighborhood safety and asked what could be done about it. As a result
of their concern, the events that will take place on September 11-13 were developed. It will
include five major intersections along Snelling Avenue from Randolph to Minnehaha Avenues.
Councilmember Benanav moved approval.
Adopted Yeas - 7 Nays - 0
September 1, 1999 City Council Summary Minutes Page 5
FOR DISCUSSION
20. Resolution - 99-828 - Approving the report of the City Clerk dated August 13, 1999, relating to the
petition for an ordinance concerning the removal of billboards in Saint Paul to be sufficient. (Laid
over from August 25)
Councilmember Benanav moved to introduce a substitute resolution and approval.
Phil Byrne, Assistant City Attorney, explained that this resolution will take advantage of Charter
authority under Section 8.08 which allows the Council to place an ordinance on the ballot in the fall
and sets forth and makes certain findings and policy determinations as to why sending this matter to
the voters is particularly appropriate under the language of the ordinance and the language of the
Charter.
Substitute adopted Yeas - 7 Nays - 0
21. Report from the Division of Parks and Recreation on the Initial Lease Term and any Extended Lease
Terms regarding the Saint Paul Yacht Club's performance on the specific provisions contained in
Paragraphs 7.1.4, 7.1.5, 7.2.3, 7.2.20, and 7.2.21 of such Lease Agreement. (Report requested by
Council on April 7, 1999; C. F. 99-306)
A written report was received from the Division of Parks and Recreation; no action required.
Councilmember Coleman requested that Mr. Hahn, Division of Parks and Recreation, forward a
copy of the report to WSCO and any other interested groups on the West Side.
22. Recommendation from the Planning Commission on the Hamline Midway Special Sign District
Plan. (Recommendation requested by Council on July 7, 1999; C.F. 99-608)
Phil Byrne, Assistant City Attorney, advised the Council that under the ordinance they may grant
approval by City Council resolution after review and recommendation but only after a public
hearing before the Planning Commission and the City Council.
Councilmember Blakey moved to hold a public hearing on October 6.
A public hearing was scheduled for October 6, 1999 Yeas - 7 Nays - 0
23. Recommendation from the Planning Commission on the Merriam Park Special Sign District Plan.
(Recommendation requested by Council on July 7, 1999; C.F. 99-610)
Phil Byrne made the same recommendation for this item as with Item #22.
Councilmember Benanav moved to hold a public hearing on October 6.
A public hearing was scheduled for October 6, 1999 Yeas - 7 Nays - 0
September 1, 1999 City Council Summary Minutes Page 6
24. Update from the Labor-Management Committee (or Administration and the St. Paul Works!
Alliance) on the progress of implementation of Compete St. Paul. (Update was requested by
Council on August 4, 1999)
No update was provided
25. Report from the Director of Public Works on the Wabasha Street Bridge. (Report requested by
Council on August 25)
(Benanav left)
Kevin Nelson, Department of Public Works, appeared and addressed the concerns of the Council
with respect to cracks in the sidewalk on the Wabasha Street Bridge. Mr. Nelson said there are a
number of hairline cracks which were expected. With the refined architectural finish, he said he
thinks that the cracks stand out more than they would on other types of pavements. A de-icer,
rather than salt, is used during the winter months which will not corrode the steel. The de-icer is
applied before snow or freezing rain falls. The de-icer attracts moisture, it will penetrate cracks
and penetrate the surface of the concrete. Concrete is porous; it has microscopic air bubbles in the
surface and water will not penetrate through it but slightly into it. The de-icer stays in the
concrete and traps the moisture which is why the cracks seem to be highlighted.
Mr. Nelson said he has met with the contractor and they will look at the entire structure including
the surfaces. There are some areas that need to be repaired where the concrete surface has bulged.
He indicated that the bridge is safe. This was considered the outstanding project in Minnesota last
year for the use of poured-in-place concrete.
Councilmember Harris said he had a hard time believing that the cracks were anticipated and he
expressed concern about the severity of the problem. Mr. Nelson reiterated that it is the nature of
the material that it will crack and he assured the Council that the more severely affected areas will
be repaired.
(Benanav returned)
Councilmember Coleman said he would like to see an assessment of the problem in writing.
Council requested Tom Eggum, Director of Public Works, prepare a written report on their
expectations regarding the performance of the Wabasha Street Bridge, including resistance to
weathering. Also, that he define the post-construction costs that are the responsibility of the
general contractor and those that are to be borne by the City.
September 1, 1999 City Council Summary Minutes Page 7
ORDINANCES
26. Final Adoption - 99-694 - An ordinance establishing a"Managed Competition" chapter of the Saint
Paul Administrative Code to provide a framework by which the City of Saint Paul can enter into
contracts with vendors, including existing City employees and outside entities, to provide City
services currently performed by City employees. (Laid over from July 28)
Councilmember Benanav moved to introduce a substitute ordinance and lay over one week.
Councilmember Blakey asked Benanav if his plan was to pass the ordinance the following week.
Benanav responded that the Administration and the unions have been told that the Council will wait
one month. He said he is hoping to see progress. If at some point it appears that waiting a month is
fruitless, the Council can take action on the Ordinance. At this point, he said he feels they should let
the process go forth as they said it would.
Councilmember Blakey said he was concerned with laying this matter over 30 days and said he
would like to see it passed. There will still be over a month's time to have the negotiations continue.
The Council has the authority to rescind the ordinance if negotiations do not proceed as planned. He
said he feels the ordinance is good and it should be used on behalf of all the positive things for the
City, the employees, and making it structured. He noted that he has not seen anything about what's
going to be negotiated, who's allowed to be at the table and if it's going to be a repeat of a previous
meeting.
Councilmember Benanav responded that he had some of the same concerns as Blakey. Up to this
point, the Administration has not shown much willingness to discuss the issues with the Council or
the unions. He said he is confident that the Administration understands that the Council hopes and
expects that the parties will sit down in good faith and discuss all the issues that are on the table
which includes continued, high quality service to the citizens of Saint Paul and what will happen to
current employees if services are privatized. Benanav said he will be laying the ordinance over on a
week-to-week basis and if it's clear that it does not make sense to wait, the Council will act on it; the
Council will not wait 30 days if progress is not being made.
Council President Bostrom reminded the Council that the Administration has agreed to suspend
work on any RFPs that are currently out, they will not solicit any additional RFPs, and they will
meet with the unions.
Councilmember Blakey questioned what "making progress"really means to the Mayor and the
Unions. He said at the September 8, 1999, Council meeting he would like to see written information
indicating that they have something to judge as to what has progressed.
September 1, 1999 City Council Summary Minutes Page 8
Councilmember Coleman concurred with Councilmember Blakey that the Administration should
return in a week with something solid showing that they are making progress. Otherwise, he said he
saw no reason to lay it over for 30 days.
Substitute introduced and laid over to September 8 for final adoption
Yeas - 7 Nays - 0
27. Final Adoption - 99-750 - An ordinance amending Chapters 33, 60, 62, 63, and 66 of the Saint
Paul Legislative Code pertaining to Zoning. (Substitute introduced on August 25)
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
28. Final Adoption - 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."
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
29. Final Adoption - 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. (Substitute introduced on August 25)
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
30. Final Adoption - 99-786 - An ordinance requiring disclosure of campaign contributions relating
to City managed competition contracts and collective bargaining agreements.
Councilmember Harris moved approval.
Councilmember Benanav questioned why, in a collective bargaining agreement, this kind of
disclosure should take place. Many things happen in collective bargaining agreements that have
nothing to do with what might become managed competition. Most of what occurs has to do with
wages, benefits, salaries, etc.
Councilmember Harris responded that this ordinance is a companion to Benanav's ordinance
requiring disclosure if there was any managed competition contract. It's almost the same language
just that it says it would be open on all sides.
Benanav said it was his understanding that this is required in all collective bargaining agreements
whether or not they have anything to do with managed competition. If there is a managed
competition contract with a union where the unions have won the right to provide the service, that
may be one thing, but it's broader than that - it's required in all collective bargaining agreements.
September 1, 1999 City Council Summary Minutes Page 9
Phil Byrne, Assistant City Attorney, said he drafted the ordinance and if it was the intent of the
author to cover as kind of "the book end" to privatized contracts, there should be disclosure with
those and there should be similar disclosure for all collective bargaining units so it does apply to
all collective bargaining units. Mr. Byrne said he is not sure how it would work if there was a
management competition agreement - whether it would be the collective bargaining agreement
only applying to a particular unit.
Harris responded that the idea was to say if you're going to require disclosure on one side you're
required on the other side. If there is not a managed competition contract that involves painters,
disclosure wouldn't be required except through the regular disclosure process in place which is
through finance reports. If there was a Mayor's competition process for painters, there would be
disclosure on both sides.
Phil Byrne said some revisions are necessary to the ordinance in light of the conversation.
Councilmember Harris moved to lay over one week.
Laid over to September 8 for final adoption Yeas - 7 Nays - 0
Councilmember Blakey referred back to Item 26 and asked who would be responsible for the
"term sheet." He said he would like to see one or two Councilmembers be a part of the meeting
along with Mayor's staff and the Unions.
Councilmember Benanav noted that ultimately the Council still has the final authority on the
ordinance. It's not a negotiation just between the Unions and the Administration. He said his
major concern is quality of services to the citizens of Saint Paul.
Reconsidered Item
Councilmembers Coleman and Harris moved to reconsider the following resolution and amend the date as
noted:
Resolution - 99-798 - Approving the May 1, 1999 through April 30, 2-00)- 2002 Maintenance
Labor Agreement between the City of Saint Paul and United Association Pipefitters, Local Union
No. 455. (Adopted on August 25, 1999)
Reconsidered and adopted as amended Yeas - 7 Nays - 0
Suspension Item
Councilmember Benanav moved for suspension of the rules and approval of the following resolution:
Resolution - 99-851 - Accepting a list of Election Judges that have been assigned to serve in the
1999 City of St. Paul and Independent School District No. 625 primary and general elections.
Adopted Yeas - 7 Nays - 0
September 1, 1999 City Council Summary Minutes Page 10
The meeting was recessed from 4:28 - 5:35 p.m.
Roll Call: Present - 7 Nays - 0
PUBLIC HEARINGS
31. Third Reading - 99-811 - An ordinance amending Chapter 51.02 of the Saint Paul Legislative
Code to define the word "family" with regard to the rental registration ordinance.
No one appeared in opposition; Councilmember Benanav moved to close the public hearing
Yeas - 7 Nays - 0
Laid over to September 8 for final adoption
32. Third Reading - 99-812 - An ordinance amending Chapter 310 of the Saint Paul Legislative Code;
including the permit fees for the keeping of more than three cats and the keeping of more than
three dogs; also consolidating day care food (A) and (B), adjusting the catering (B)-full license and
creating the food processor (up to 2,000 sq. ft. license to coincide with the food processor (more
than 2,000 sq. ft.) license.
No one appeared in opposition; Councilmember Harris moved to close the public hearing
Yeas - 7 Nays - 0
Laid over to September 8 for final adoption
33. Resolution - 99-845 - To consider the application for a sound level variance by 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.
Council President Bostrom presented an amendment to line 42 to strike language pertaining to the
distance from the front of the stage and the furthest edge of the tent and to insert language that
measurement of dba shall be performed at 100 feet from the soundboard or stage.
Councilmember Harris moved approval as amended.
Adopted as amended Yeas - 7 Nays - 0
34. Final Order - 99-846 - In the matter of the Seventh Place Mall Operation and Maintenance Costs
for 1999. (File #18428-99)
No one appeared in opposition; Councilmember Coleman moved approval.
Adopted Yeas - 7 Nays - 0
35. Resolution Ratifying Assessment - 99-847 - In the matter of the assessment of benefits, cost and
expenses for the Seventh Place Mall Operation and Maintenance costs for 1998. (File #18428-
1998)
No one appeared in opposition; Councilmember Coleman moved approval.
Adopted Yeas - 7 Nays - 0
September 1, 1999 City Council Summary Minutes Page 11
36. Final Order - 99-848 - In the matter of the Operation and Maintenance Costs for the Arcade/Case
and the Grand/Snelling Parking Lots for 2000. (File #18744 & 18746)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
37. Resolution Ratifying Assessment - 99-849 - In the matter of the assessment of benefits, cost and
expenses for the Arcade/Case and the Grand/Snelling Parking Lots Operation and Maintenance
Costs for 2000. (File #18744 & 18746)
No one appeared in opposition; Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
38. Final Order - 99-850 - In the matter of operating costs for the above standard lighting along Dale
Street North from University to Minnehaha Avenues for the months of January 1, 1999 to
December 31, 1999. (File #18803OP)
No one appeared in opposition; Councilmember Blakey moved approval.
Adopted Yeas - 7 Nays - 0
39. Public hearing to consider the application of River Town Homes, LLC for a subdivision review to
allow approval for eight (8) residential lots to a combined plat on the east side of Westminster,
south of East Hoyt, approximately 34.62 feet south of East Montana and west of Gateway Trail.
Allen Torstenson, Department of Planning and Economic Development, presented a staff report.
He said this is a subdivision to allow the creation of seven lots for seven houses to be moved to
this location from the Hoyt-Montana-Flandrau flood area. The application meets all the plat
requirements and staff recommended approval.
No one appeared in opposition; Councilmember Harris moved to grant the application and approve
the findings as outlined in the staff report.
Motion of Intent - Application Granted (including approval of the subdivision and the proposed
findings in the staff report) Yeas - 7 Nays - 0
•
September 1, 1999 City Council Summary Minutes Page 12
Councilmember Harris moved to adjourn the meeting. Yeas - 7 Nays - 0
ADJO ED AT 5:45 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Anderson ��, (o lick C)
Assistant Council Secretary
mce