Approved Minutes 3-3-1999 SUMMARY MINUTES OF THE SAINT PAUL CITY COUNCIL
Wednesday, March 3, 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- 6 - Benanav, Bostrom, Coleman, Harris, Lantry, Reiter
Absent - 1 - Blakey(arrived later in the meeting)
CONSENT AGENDA (Items 1 - 21)
Councilmember Harris moved approval of the consent agenda. Yeas - 6 Nays - 0
FOR ACTION
1. Approval of minutes of January 13, 1999.
Adopted Yeas - 6 Nays - 0
2. Claims of Stacy Bettison, Bill Cutting, Jan Gasterland & Billy Peterson, Russell Felt,
Minikanda Mini Storage, Brian Poppoff, Progressive Insurance Company (for Jen
Stefanik), Thomas Schwinghammer, and Barbara Standal.
Referred to Employee/Risk Management Office
3. Letter from the Department of Planning and Economic Development announcing a public
hearing before the City Council on March 10, 1999, to consider the appeal of St. Anthony
Park Community Council to a decision of the Planning Commission approving a site plan
for an Amoco gas and convenience store at the northwest corner of Kasota Avenue and
Highway 280.
4. Letters from the Citizen Service Office/Property Code Enforcement declaring 430 Blair
Avenue and 993 Burr Street as nuisance properties and setting date of Legislative hearings
for March 16, 1999, and City Council Hearings for March 24, 1999.
5. Letters from the Citizen Service Office/Property Code Enforcement declaring 372 Clifton
Street, 310 George Street West, and 1087 Ross Avenue as nuisance properties. (For
notification purposes only; public hearing will be scheduled at a later date if necessary.)
March 3, 1999 City Council Summary Minutes Page 2
6. Administrative Order:
D001652 Authorizing payment to Dennis A. Goldberg & Associates, Inc. for negotiation
services rendered.
Noted as on file in the City Clerk's Office
7. Resolution - 99-185 - Establishing a public hearing date of March 24, 1999, for the
proposed Saint Anthony Park Special Sign District.
Adopted Yeas - 6 Nays - 0
8. Resolution - 99-186 - Suspending licenses held by Checker's Nite Club, 1066 East 7th
Street, for delinquent taxes owed to the State of Minnesota.
Adopted Yeas - 6 Nays - 0
9. Resolution - 99-187 - Authorizing the proper City officials to execute a contract with the
U.S. Equal Employment Opportunity Commission for the provision of investigative
services.
Adopted Yeas - 6 Nays - 0
10. Resolution - 99-188 - Approving payment in the amount of$23,441.19 to Debra Smith,
Gordon Smith, and their attorney Martha Neese in full settlement of their claim against the
City of Saint Paul.
Adopted Yeas - 6 Nays - 0
11. Resolution - 99-189 - Refunding Sewer Availability Charge, issued December 31, 1998, in
the amount of$1,000.00 to S and S Construction.
Adopted Yeas - 6 Nays - 0
12. Resolution - 99-190 - Holding the State of Minnesota harmless for granting a variance to
permit portions of Victoria Street between Arlington Avenue and Larpenteur Avenue to be
constructed to a design which does not meet Municipal State Aid standards.
Adopted Yeas - 6 Nays - 0
13. Resolution - 99-191 - Approving the January 1, 1998 - December 31, 1999 Collective
Bargaining Agreement between the City of Saint Paul and the International Association of
Fire Fighters AFL-CIO Local 21. (To be laid over to March 10 for adoption)
Laid over to March 10 for adoption Yeas - 6 Nays - 0
March 3, 1999 City Council Summary Minutes Page 3
14. Resolution - 99-192 - Approving a 1998 Memorandum of Agreement between Independent
School District No. 625 and the American Federation of State, County and Municipal
Employees, Local No. 844 to implement a pilot program to see if recruitment of qualified
persons of color can be increased in the Civil Service systems by using a different
recruitment and testing model. (To be laid over to March 10 for adoption)
Laid over to March 10 for adoption Yeas - 6 Nays - 0
15. Resolution - 99-193 - Authorizing the Saint Paul Human Rights Department to retain the
services of Jon L. Lunde at the rate of$93.00 per hour for services as law officer relative
to the Verification Center, Inc. Civil Enforcement Hearing.
Adopted Yeas - 6 Nays - 0
16. Resolution - 99-194 - Approving a program of refunding Single Family Mortgage Revenue
Bonds to provide for the recycling of program monies.
Adopted Yeas - 6 Nays - 0
17. Resolution - 99-195 - Transmitting the Planning Commission's recommendations on
pawnshop zoning regulations to the City Council.
Adopted Yeas - 6 Nays - 0
18. Resolution - 99-196 - Authorizing the proper City officials to accept and expend $56,760
in grant funding made available through the Saint Paul Public Housing Agency Drug
Elimination Program for youth programming and teen council activities at McDonough
Recreation Center.
Adopted Yeas - 6 Nays - 0
19. Resolution - 99-197 - Authorizing the Division of Parks and Recreation to apply for a
Department of Natural Resources National Recreation Trail Program grant.
Adopted Yeas - 6 Nays - 0
20. Resolution - 99-198 - Authorizing a grant application and execution of a contract between
the City of Saint Paul, Greening the Great River Park, and the Minnesota Department of
Transportation.
Adopted Yeas - 6 Nays - 0
21. Resolution - 99-199 - Allowing the Saint Paul Police Department to enter into an
agreement with the Minnesota National Guard Armory to accommodate inservice training
for police officers.
Adopted Yeas - 6 Nays - 0
March 3, 1999 City Council Summary Minutes Page 4
FOR DISCUSSION
22. Update from the Director of Technology and Management Services on the City's efforts to
prevent and solve potential problems associated with "The Year 2000 Computer Bug."
(Requested by the Council on November 25; update will not be presented but will be laid
over to March 10)
Councilmember Lantry moved to lay over one week.
Laid over to March 10 Yeas - 6 Nays - 0
(Blakey arrived)
23. Resolution - 99-89 - Mayor recommendation and City Council adoption of the Saint Paul
Comprehensive Plan: Summary and General Policy. (Laid over from February 24)
Marcia Moermond, Council Research Policy Analyst, asked the Council what procedure
they would like to follow with amending the Summary and General Policy as well as the
Housing Plan (Item 24). There was consensus that Councilmembers would submit
amendments to staff by March 10 and discussion would take place at the meeting on March
17.
Councilmember Benanav moved to lay over two weeks.
Laid over to March 17 Yeas - 6 Nays - 1 (Coleman)
24. Resolution - 99-90 - Adopting the Saint Paul Housing Plan as an amendment to the Saint
Paul Comprehensive Plan contingent on further review by adjacent communities and the
Metropolitan Council. (Laid over from February 24)
Councilmember Benanav moved to lay over two weeks.
Laid over to March 17 Yeas - 7 Nays - 0
25. Resolution - 98-1133 - Adopting the Land Use Plan as an amendment to the Saint Paul
Comprehensive Plan. (Amended and laid over from February 24)
Marcia Moermond, Council Research Policy Analyst, stated that the Land Use Plan
amendments were circulated and staff from the Port Authority and the Department of
Planning and Economic Development have requested one final amendment which was
presented by Councilmember Coleman.
Councilmember Harris moved approval with the amendment to the Plan.
Adopted Yeas - 7 Nays - 0
(An amendment was made to the Land Use Plan)
March 3, 1999 City Council Summary Minutes Page 5
26. Resolution - 99-200 - Changing the rate of pay for the Citizens Service Director
classification from Grade 20 to Grade 26 of the Non-represented City Managers, Employee
Group 17.
Councilmember Benanav moved approval.
Adopted Yeas - 7 Nays - 0
27. Resolution - 99-201 - Directing the Police Department and City Attorney to explore the
feasibility and advisability of filing suit against gun manufacturers and report their
recommendation to the City Council on March 24, 1999.
Councilmember Blakey presented a substitute resolution. He said he was interested in
asking both the Police Department and the City Attorney to study the issue of whether the
City of Saint Paul should join the national lawsuits against the gun manufacturers. Blakey
said there have been enough studies done to show that guns on the street are proliferating
and the question "why?" has to be asked. There is also an issue of product liability; with
all the technology available, guns should be able to be manufactured that are safer, Blakey
said.
Councilmember Harris asked Phil Byrne, Assistant City Attorney, what the City
Attorney's role would be. Mr. Byrne responded that he sees the City Attorney's role as
researching the legal theories, researching the cases that have been brought in other
jurisdictions, and to give the Council some indication of what the theories are with those
that have proceeded with a suit, how those suits have gone, and if there is any downside
for the City in terms of possible awards of attorneys' fees if the City does not prevail. He
said he does not see that the role of the City Attorney's Office would be to bring forth the
lawsuit. Because of the complexity and the size of the operation, the City Attorney's
Office would submit a request for proposal to law firms.
Councilmember Coleman said he would want to avoid getting into a situation where a lot
of employees' time is spent pursuing avenues that are not necessarily going to be
productive. Coleman suggested that the Council have attorney Tom Purcell with the law
firm of Lindquist and Vennum address the Council on this issue. Mr. Purcell was active in
the tobacco lawsuit filed by the Attorney General's office and he has studied the various
theories of liability under which gun manufacturers could be held accountable. Coleman
said he did not feel he would support a lawsuit unless he had information that was
significantly different than what he has now.
Councilmember Blakey said he would prefer to move forward with the study.
Councilmember Benanav suggested that the City Attorney proceed with the study and talk
with Mr. Purcell as part of their research.
March 3, 1999 City Council Summary Minutes Page 6
Councilmember Blakey proposed that the City Attorney go forth with the study and have
Mr. Purcell either meet individually with Councilmembers or address the Council as a
whole. Based on Mr. Purcell's expertise, the Council could then determine whether to
proceed with the study.
Discussion ensued. •
Council President Bostrom suggested that the Council also receive a status report from
Officer Ed Lemon who is doing a gun violence study at the St. Paul Police Department.
Substitute introduced and laid over to March 17 Yeas - 6 Nays - 1 (Reiter)
28. Report from the Division of Parks and Recreation on a work plan to address the
recommendations in the performance audit. (Requested by the City Council on February
24)
Vince Gillespie, Division of Parks and Recreation, appeared. He noted that four themes
had been identified by Council Research in their presentation on February 3, 1999, and
Parks agreed that those areas should be addressed. They include: leadership, maintenance
issues, fee policy, and evaluation, including a City-wide survey. He said they will need
about two more meetings between this date and April 7 to lay out the outline of the work
plan. They are going to base it on 6, 12, and 18 month benchmarks as suggested by
Council Research and a plan should be ready for the meeting on April 7, 1999.
Councilmember Blakey moved to lay over to April 7.
Laid over to April 7 Yeas - 7 Nays - 0
ORDINANCES
29. Final Adoption - 99-20 - An ordinance amending Chapter 21 of the Saint Paul
Administrative Code entitled Officer's Qualifications by establishing minimum
qualifications for the unclassified position of Parks and Recreation Director.
(Amended and laid over from February 24)
Councilmember Lantry ask John Hamilton, Director, Office of Human Resources, if there
are new minimum qualifications for recreation leaders at the rec centers that include a
college degree. Mr. Hamilton responded that there have been continuing discussions with
the rec. leaders on the minimum qualifications for their jobs and part of the discussion
includes a college degree.
Councilmembers Benanav and Lantry spoke in favor of a requirement for a college degree
for the Director of the Division of Parks and Recreation.
March 3, 1999 City Council Summary Minutes Page 7
Councilmember Harris moved to remove all language after line 13.
Amended and laid over to March 10 for final adoption
Yeas - 4 Nays - 3 (Blakey, Bostrom, Harris)
30. Final Adoption - 99-136 - An ordinance prohibiting the use of the City's traffic signal
preemption and priority systems by unauthorized persons, and providing authority for such
use by authorized operators of emergency vehicles. (Amended on February 17)
Councilmember Harris moved approval.
Adopted Yeas - 7 Nays - 0
31. Final Adoption - 99-137 - An ordinance amending Council File 98-766 relating to study of
pawnshops.
Councilmember Lantry moved approval.
Adopted Yeas - 5 Nays - 2 (Blakey, Coleman)
The meeting was recessed from 4:20 - 5:35 p.m.
Roll call: Present - 7 Absent - 0
PUBLIC HEARINGS
32 Third Reading - 99-162 - An ordinance to amend the Zoning Code relating to the location
of pawnshops.
Council President Bostrom distributed a substitute ordinance with amended language that
indicates if the 150 feet requirement is already in place, nothing changes, and the 150 feet
may be modified if there is no existing pawn shop within 5,280 feet of the proposed
location.
The following individuals appeared and spoke in opposition to the ordinance:
Carolyn Wolski, 150 S. 5th St., Suite 2300, Minneapolis, Attorney with Leonard Street
and Deinard, representing Pawn America
Carl Thompson, Store Manager at Cash and Pawn Frogtown location
Jack Hartsoe, President of Cash and Pawn, 1654 Kilmer Avenue
Tina Wagener, employee of Cash and Pawn, 2085 Mohawk Avenue
Michael Haffner, Payne Avenue property owner, 927 Payne Avenue
Alan Cross, CFO of Cash and Pawn, 15595 17th Place North, Plymouth
March 3, 1999 City Council Summary Minutes Page 8
The following individuals appeared and spoke in support of the ordinance:
Richard Malloy, East Side Neighborhood Development Company, and Payne-Arcade
Business Association,900 Payne Avenue
Gary Unger, 1849 East Idaho Avenue
Councilmember Coleman moved to close the public hearing. Yeas - 7 Nays - 0
Substitute introduced and laid over to March 10 for final adoption
33. Resolution - 99-202 - Approving the Taxicab Driver's License Renewal Application by
Brian T. Gore, 537 Topping Street.
Virginia Palmer, Assistant City Attorney, representing the Office of License, Inspections
and Environmental Protection (LIEP), provided a staff report. In the course of the renewal
application, it was found that Mr. Gore has a felony conviction the offense being
possession of teargas by a felon. Section 376.16E4 of the ordinance prohibits cab license
holders from having felony convictions within the last five years except upon evidence that
the offense is not related to the occupation of the taxicab driver. When the notice of
proposed denial was sent to Mr. Gore, he contacted LIEP and explained the situation.
Minnesota Statutes Section 364.03 has some conditions to look at to determine whether or
not an offense does relate to the occupation for which the person is seeking licensing. Ms.
Palmer explained that possession of teargas is only a crime because Mr. Gore is a felon.
She indicated that Mr. Gore was aware he could not carry a firearm but he was not aware
that he could not carry teargas.
The offense occurred when Mr. Gore was going through security at Family Court. Ms.
Palmer stated that Mr. Gore was given a downward departure by the court and imposition
of sentence on this felony was stayed for three years. He was given a 30-day sentence
with credit for six days and he was approved for the "Sentence to Serve" program which
does not accept anyone who has committed a violent crime and which is an indication that
the court did not consider this to be a violent crime. Ms. Palmer said she felt this was
important because the Council's purpose in regulating the cab profession is to protect the
safety of the passengers and if this were an offense which showed Mr. Gore to be a violent
person, it would have some significance. Both the plea bargaining by the County
Attorney's Office and the sentencing indicate that the court system did not consider him to
be a violent person. The circumstances do not indicate that he intended to use the teargas
against passengers unless they were engaging in unlawful behavior; rather, he had it for his
own self defense.
Ms. Palmer said the recommendation of LIEP was that Mr. Gore be granted his license
with the condition that he not have any other criminal offenses.
March 3, 1999 City Council Summary Minutes Page 9
Council President Bostrom asked what the immediate impact would be if Mr. Gore had a
violation of his license. Ms. Palmer responded that he would be able to continue to drive
until he was convicted; he is entitled to due process if another crime occurs. Ms. Palmer
further added that this offense occurred almost one year ago and Mr. Gore was initially
licensed and the condition was pending the outcome of the offense.
Brian Gore appeared before the Council and explained why he was carrying mace.
Councilmember Reiter moved to close the public hearing and approval.
Adopted Yeas - 7 Nays - 0
34. Final Order - 99-203 - In the matter of improving the alley in Block 10, Sylvan Place
(bounded by Palace, Saratoga, Jefferson, and Warwick Project #18892a-i with Pascal-
Jefferson Project 18882) by grading and paving with a bituminous material. (File
#18892a-i)
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval.
Adopted Yeas - 7 Nays - 0
35. Final Order In Condemnation Proceedings - 99-204 - 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 from subject land or reminder thereof, occasional by
excavations thereof of construction of slopes in the grading and paving the alley in Block
10, Sylvan Place (bounded by Palace, Saratoga, Jefferson, and Warwick Project #18892a-S
with Pascal-Jefferson Project 18882). (File #18892a-S)
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval.
Adopted Yeas - 7 Nays - 0
36. Final Order - 99-205 - In the matter of improving the alley in Block 6, Sylvan Park and
Block 3 Vemon's RE (bounded by Jefferson, Brimhall, Stanford, and Saratoga Project
#18892b-i with Pascal-Jefferson Project 18882) by grading and paving with a bituminous
material. (File #18892b-i)
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval.
Adopted Yeas - 7 Nays - 0
37. Final Order In Condemnation Proceedings - 99-206 - 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 from subject land or reminder thereof, occasional by
excavations thereof or construction of slopes in the grading and paving of the north-south
alley bounded by Jefferson, Brimhall, Stanford, and Saratoga Project #18892b-S with
March 3, 1999 City Council Summary Minutes Page 10
Pascal-Jefferson Project 18882. (File #18892b-S)
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval.
Adopted Yeas - 7 Nays - 0
38. Final Order - 99-207 - In the matter of improving the alley in Block 6, Jefferson Park
(bounded by Wellesley, Pascal, Stanford and Albert Project #18892c-i with Pascal-
Jefferson Project 18882) by grading and paving with a bituminous material.
(File #18892c-i)
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval.
Adopted Yeas - 7 Nays - 0
39. Final Order In Condemnation Proceedings - 99-208 - 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 from subject land or reminder thereof, occasional by
excavations thereof or construction of slopes in the grading and paving of the east west
alley in Block 6, Jefferson Park (bounded by Wellesley, Pascal, Stanford and Albert
Project #18892c-S with Pascal-Jefferson Project 18882). (File #18892c-S)
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval.
Adopted Yeas - 7 Nays - 0
40. Final Order - 99-209 - In the matter of improving the alley in Block 3, Sylvan Park
Addition and Block 2, Vernon's RE (bounded by Brimhall, St. Clair, Saratoga, and
Stanford Project #18892d-i with Pascal-Jefferson Project 18882) by grading and paving
with a bituminous material. (File #18892d-i)
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval.
Adopted Yeas - 7 Nays - 0
41. Final Order In Condemnation Proceedings - 99-210 - 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 from subject land or reminder thereof, occasional by
excavations thereof or construction of slopes in the grading and paving of the north-south
alley (bounded by Brimhall, St. Clair, Saratoga, and Stanford Project #18892d-S with
Pascal-Jefferson Project 18882). (File #18892d-S)
No one appeared in opposition; Councilmember Harris moved to close the public hearing
and approval.
Adopted Yeas - 7 Nays - 0
March 3, 1999 City Council Summary Minutes Page 11
42. Public hearing to consider the application of The Better Living Homes Inc. for a Combined
Final and Final Plat Review to allow for the subdivision of property into lots for 30
townhouses and one proposed office at 1310-1368 Conservatory Court.
Larry Soderholm, Department of Planning and Economic Development, provided a staff
report. He stated that this application is to subdivide property for townhouses in the North
End of St. Paul below the Wheelock Bluffs. It is single family zoning but the Planning
Commission granted a special condition use permit for cluster housing in August, 1998.
Some of the units are now under construction and the land needs to be subdivided in order
to sell the individual units. Staff recommended approval.
No one appeared in opposition; Councilmember Reiter moved to close the public hearing
and approval.
Motion of Intent - Application Granted Yeas - 7 Nays - 0
Councilmember Blakey moved to adjourn the meeting.
ADJOURNED AT 6:25 P.M.
Daniel Bostrom, Council President
ATTEST:
Minutes approved by Council
Nancy Ataarson
Assistant Council Secretary
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